Agenda packet — Hawaiian Gardens City Council, June 25, 2025 (part 2 of 2)

CPF grants are subject to numerous federal requirements, necessitating coordination and involvement from both the Finance and Recreation Departments. To ensure compliance and effective grant administration, the City approved an agreement with the Michael Baker International team. Under this agreement, Michael Baker will assist with key administrative tasks related to the project and prepare the necessary environmental In addition, the design phase of the project will require architectural and engineering services. Staff recommends engaging BOA Architecture, a firm that has previously provided successful design services for the City, including work on the City Hall and Community Center expansions, as well as the Teen Center renovations.

To initiate the design process and facilitate the preparation of required submittal packages for HUD, staff recommends approval of BOA Architecture’s proposal in the amount of $98,700 for the provision of architectural and engineering design services for the C. Robert Lee Recreation Center Renovation Project.

FISCAL IMPACT
As part of the adopted FY 2025-26 Capital Improvement Program (CIP) budget, the City Council allocated $1,430,000 for the C. Robert Lee Activity Center Renovation Project.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENT(S)
A. Proposal to Provide Engineering Design Services for the C. Robert Lee Activity Center Renovation Project
1511 Cota Avenue
Long Beach, CA 90813
Telephone: 562-912-7900
Telephone: 310-832-2681
www.boaarchitecture.com
Neema Ghanbari, Public Works/Engineering Manager June 2, 2025 City of Hawaiian Gardens
Re: Fee Proposal for Architectural-Engineering Services to Remodel:

Hawaiian Gardens C Robert Lee Activity Center at Civic Center Based on our 5-28-25 site/building walk-thru with you and Ernesto, we are pleased to submit our Fee Proposal for architecture and engineering design services for PSE (plans, specs, estimate) for public bidding to general contractors. We understand that the interior of this existing 40,000 sf Activity Center building will be refreshed and remodeled. For this project we will provide professional Architectural, Electrical, and minor Plumbing and Structural engineering services. As the Architect for this project, we will have overall design and coordination responsibility for all Construction Documents in our scope. Note that we will also provide concept designs (only) to propose a 2nd floor at the boxing gym and convert the existing tennis court for additional surface parking. See that attached sketch site plan for the proposed location of the work. Please be aware that the City’s HUD funding is only $1,400,000, however your desired Scope of Work is likely to cost much more. Our itemized fee spreadsheet is attached, and our scope of work is as follows:

Scope of Work Common for Public Works Projects

1. Site visit(s) to confirm critical dimensions of impacted area, photos, site observation.

2. Attend programing meeting with Client and Users to glean room sizes, functionality, functional relationships, needs, goals, and equipment/furnishing needs.

3. Provide submittals to the Client at 30%, 60%, 90%, 100% completion. Note that we will submit to the City Building-Safety Dept. for plancheck at 90% completion.

4. Secure all relevant City plancheck and building permit approvals.

5. Provide the customary PS &E (Plans, Specs, Estimate) for Public Works bidding to contractors.

6. Provide architectural Construction Support (limited to amount of hours stated in the attached fee spreadsheet: jobsite meetings, response to RFI’s, & submittals, etc.

Scope for the Building Interior Remodel

7. Remodel existing Men-Women restrooms, for ADA Compliance and provide new plumbing fixtures, toilet partitions, toilet accessories, tile walls-flooring, lighting, paint, etc. Note that the Men-Women locker rooms will not have any work done, as they will be kept as storage rooms.

8. In the boxing gym, provide new rubber flooring, new lighting, paint walls, and provide a suspended grid above the boxing ring for lighting and speakers. Additionally, provide a feasibility study (sketch floor plan and ROM cost estimate) for a 2nd floor above the boxing gym that will be used for boxing exercisestraining and storage. Note that an elevator will not be required as the uses on the 2nd floor and the 1st floor will be very similar.

9. At the existing kitchen, provide new flooring, lighting, paint.

10. At the long entrance lobby, maintain the existing public counter, but provide new LED lights, new paint for the ceiling and walls.

11. In the basketball gym, install new fire sprinklers to increase the seating capacity from 500 occupants to 1000 occupants. Verify with the Fire Dept. that fire sprinklers for the entire building will not be needed if we sprinkle the basketball gym only. Additionally, provide new lighting, painting, and acoustic panels on the side walls. No need to replace the wood flooring as the City will do it in the future.

12. In the basketball gym stage, provide a ADA lift for ADA compliance, new flooring, and lighting.

13. In the 2 racquetball courts, replace the lighting only. Painting of the walls and ceiling is not needed.

14. In the large Multipurpose Room, provide new LVT flooring, LED lighting, and new paint on walls and ceiling.

15. Coordinate with the City’s vendor to provide location and electrical power for audio-visual system.

16. Coordinate with the City’s vendor to provide a new location for data outlets as needed.

17. Provide a feasibility study (sketch site plan and ROM cost estimate) to convert the existing tennis court to add surface parking. Also redesign the parking entry area to be more efficient and add parking stalls.

Attachment A
1511 Cota Avenue
Long Beach, CA 90813
Telephone: 562-912-7900
Telephone: 310-832-2681
www.boaarchitecture.com
Items NOT included
a. Soils-geotechnical report
b. Asbestos-hazardous materials report.
c. Coring, scanning, destructive testing
d. Topographic survey, civil engineering
e. Landscape architecture
f. Furniture, furnishings, artwork, design and selection g. ADA parking stalls, path-of-travel to the building
h. Exterior sitework
i. New HVAC equipment and ducts
j. New electrical service
k. Fire alarm system
We are excited by the chance to work with you to enhance and modernize the C. Robert Lee Activity Center. Having complete many, many architectural projects for the City of Hawaiian Gardens and remodeled over 80 municipal community centers for numerous local Cities, we think we are a “good fit” for this project. If awarded, our workload is such that we can begin design work immediately to meet your expedited schedule. If you have any questions, please do not hesitate to contact me personally at (310) 480-7730 cell.

BOA Architecture
Edward Lok Ng, Architect, LEED AP
President

FIXED FEE PROPOSAL
Hawaiian Gardens, C Robert Lee Activity Center Remodel
date: June 2, 2025 Construction Cost Estimate: TBD
prepared by: BOA, Edward Lok Ng, Architect prepared for: City of Hawaiian Gardens, N Ghanbari

HOURS HR RATE COST TOTAL

PRE-DESIGN
kick-off meeting to verify scope of work,obtain as-built dwgs. 4 hrs 150 600 project management, confirm cost/work plan & prep field work 6 hrs 150 900 programing; meeting, program assessment 4 hrs 150 600
site assessment,ADA assessment,as-built measurements,photos 10 hrs 110 1,100 CADD 30 hrs 110 3,300
6,500

ARCHITECTURAL SCHEMATIC DESIGN
preliminary design and design development 30 hrs 150 4,500 project management 10 hrs 150 1,500
CADD-3D modeling 80 hrs 110 8,800
construction cost estimate 8 hrs 150 1,200
meetings and coordination with Client 10 hrs 150 1,500
17,500
ENGINEERING and EXPENSES
structural engineering 4,000
mechanical 0
plumbing 4,000
electrical 17,000
landscape architect 0
civil engineering 0
expenses for building-safety submittal blueprints, photocopies, mailing, misc. 200 25,200

ARCHITECTURAL CONSTRUCTION DOCUMENTS
CADD-3D modeling of construction document drawings 200 hrs 110 22,000 project management,refine schematic design,coord. w engineers 20 hrs 150 3,000 design of special construction detailing 16 hrs 150 2,400 meeting and coordination with Client 20 hrs 150 3,000
specifications in CSI format 20 hrs 150 3,000
construction cost estimate 8 hrs 150 1,200
quality control 20 hrs 150 3,000
Client and City bldg-safety dept. submittal & corrections 30 hrs 110 3,300 40,900

ARCHITECTURAL CONSTRUCTION SUPPORT
pre-bid meeting hrs 150 0
pre-construction meeting 0 hrs 150 0
project management, RFI & submittal response 40 hrs 150 6,000 CADD-3D modeling of construction document drawings 10 hrs 110 1,100 construction site meeting, 1 punchlist meeting 10 hrs 150 1,500 8,600
TOTAL FEE $98,700

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B8
DATE: June 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
RECOMMENDATION:

RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS WITH ONSHORE MECHANICAL INC., AND MESA ENERGY SYSTEMS, INC. FOR ON-CALL HEATING, VENTILATING, AND AIR CONDITIONING (HVAC) MAINTENANCE AND REPAIR SERVICES AT CITY FACILITIES

SUMMARY
The City of Hawaiian Gardens maintains multiple facilities that rely on Heating, Ventilating, and Air Conditioning (HVAC) systems for proper climate control to ensure the safety and comfort of employees and the public, as well as to protect equipment and infrastructure. These systems require regular maintenance and occasional emergency repair services.

To support the timely and efficient maintenance and repair of HVAC systems, the City issued a Request for Proposals (RFP) on May 7, 2025, seeking qualified contractors to provide on-call HVAC maintenance services. The goal was to establish agreements with vendor(s) to ensure responsiveness and continuity of service.

On May 28, 2025, the City received six (6) proposals from vendors. Following a thorough evaluation of qualifications, experience, responsiveness, references, and cost competitiveness, Onshore Mechanical Inc., and Mesa Energy Systems, Inc. were selected as the most qualified and responsive proposers.

Entering into agreements with both vendors will allow the City flexibility to address routine maintenance and urgent repair needs efficiently. Having two contractors ensures sufficient coverage, promotes competitive pricing, and enhances service delivery across all City facilities.

Agenda Item #B8
June 25, 2025

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The agreements will cover a broad scope of services including, but not limited to:
1- Preventive maintenance of HVAC systems
2- Emergency repair and diagnostic services
3- Replacement and installation of HVAC components
4- Compliance with applicable environmental and safety regulations Work will be assigned on routine maintenance and as-needed basis under task orders issued and approved by the Public Works Department.

Staff recommends that the City Council authorize the City Manager to execute agreements with Onshore Mechanical Inc., and Mesa Energy Systems, Inc. for the provision of on-call Heating, Ventilating, and Air Conditioning (HVAC) maintenance and repair services at City facilities, each for a term of three years, with options for two oneyear extension terms.

FISCAL IMPACT
None. Sufficient funds are appropriated in the Public Works Department’s Contract Services account to cover the routine maintenance costs for HVAC maintenance and repair services.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENT(S)
A. Professional Services Agreement Between the City of Hawaiian Gardens and Mesa Energy Systems, Inc.

B. Professional Services Agreement Between the City of Hawaiian Gardens and Onshore Mechanical Inc.

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PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HAWAIIAN GARDENS AND MESA ENERGY SYSTEMS, INC.

This AGREEMENT is entered into this 25th day of June 2025 by and between the CITY OF HAWAIIAN GARDENS, a general law city a municipal corporation (“CITY”) and Mesa Energy Systems, Inc. (“CONTRACTOR”). CITY and CONTRACTOR may be referred to individually as “Party” or collectively as “Parties.”

R E C I T A L S
A. The CITY desires to obtain preventive maintenance of HVAC systems, emergency repair and diagnostic services, replacement and installation of HVAC components, and compliance with applicable environmental and safety regulations.

B. The CITY does not have the personnel able and/or available to perform the services required under this agreement and therefore, the CITY desires to contract for services to accomplish this work.

C. The CONTRACTOR warrants to the CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The CITY desires to contract with the CONTRACTOR to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, the CITY and the CONTRACTOR agree as follows:

CONSIDERATION AND COMPENSATION As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.

As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement.

As additional consideration, CITY agrees to pay CONTRACTOR An amount not to exceed $100,000 during the term of the Agreement as specified in paragraph 7 below, for CONTRACTOR’s services, unless otherwise specified by written amendment to this Agreement.

No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.

CONTRACTOR shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONTRACTOR all uncontested amounts set forth in CONTRACTOR’s invoice within 30 days after it is received.

SCOPE OF SERVICES. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.

Attachment A

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Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.

PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.

FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is Bryan Gilbert. CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the CITY.

TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on June 25, 2028, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.

PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.

CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.

In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

Should the Agreement be terminated pursuant to this Section, CITY may procure services similar to those terminated without restriction by this Agreement.

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INDEMNIFICATION. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgmentrendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services. CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed.

CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.

Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.

AUDIT OF RECORDS. CONTRACTOR agrees that CITY, or designee, hasthe right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by the CITY to implement said corrective measures.

Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.

INSURANCE REQUIREMENTS.

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A. The CONTRACTOR, at the CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:

1. Workers Compensation Insurance as required by law. The CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees.

Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for CITY.

2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

4. Professional Liability Coverage. The CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONTRACTOR’S operations under this Agreement, whether such operations be by the CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.

B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.

1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”

2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

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4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents, or volunteers.

6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.

C. CONTRACTOR agreesto provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.

F. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.

G. The commercial general and automobile liability policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the CONTRACTOR’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

USE OF OTHER CONTRACTORS. CONTRACTOR must obtain CITY’s prior written approval to use any sub-contractors while performing any portion of this Agreement. Such approval must include approval of the proposed CONTRACTOR and the terms of compensation.

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONTRACTOR, its employees, sub-contractors and agents for the accuracy and competency of the information provided

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and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the CONTRACTOR, its employees, sub-contractors and agents.

CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during the CITY’s review of the CONTRACTOR’s report or plans. Should the CONTRACTOR fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONTRACTOR. In addition to all other available remedies, the CITY may deduct the cost ofsuch correction from any retention amount held by the CITY or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction.

NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONTRACTOR
City of Hawaiian Gardens
21815 Pioneer Blvd.,
Hawaiian Gardens, CA 90716
ATTN: City Manager
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrantsthat it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.

THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR’s or CITY’s obligations under this Agreement.

Mesa Energy Systems, Inc.
2 Cromwell
Irvine, CA 92618
ATTN: Bryan Gilbert,GM

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INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.

ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.

RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s City Manager, or designee, may execute any such amendment on behalf of CITY.

ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.

TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.

ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private CONTRACTORs, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR’s notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-

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use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY.

DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “CONTRACTOR” for the purposes of the California Political Reform Act because CONTRACTOR’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONTRACTOR employed by the CITY.

CONTRACTOR hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to CONTRACTOR commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’s disclosure obligations in accordance with the CITY’s Conflictof Interest Code.
36 LABOR COMPLIANCE. As used herein, “Project” is synonymous with services described in this Agreement.

36.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its 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. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

36.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

36.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

36.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime

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hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

36.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

36.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

CITY Initials
CONTRACTOR Initials
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “CONTRACTOR” for the purpose of the California Political Reform Act because CONTRACTOR’s duties and responsibilities are not within the scope of the definition of CONTRACTOR in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the CITY’s Conflict of Interest Code.

CITY Initials

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CONTRACTOR Initials
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF HAWAIIAN GARDENS CONTRACTOR
Ernesto Marquez, City Manager By: Bryan Gilbert, SVP & General Manager ATTEST:

Pablo Rubio, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Norma Tabares, City Attorney
17 City of Hawaiian Gardens On-Call HVAC Preventative Maintenance and Repair 5/28/2025
Proposal Title
18 City of Hawaiian Gardens On-Call HVAC Preventative Maintenance and Repair 5/28/2025
Proposal Title
19 City of Hawaiian Gardens On-Call HVAC Preventative Maintenance and Repair 5/28/2025

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PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HAWAIIAN GARDENS AND ONSHORE MECHANICAL INC.

This AGREEMENT is entered into this 25th day of June 2025 by and between the CITY OF HAWAIIAN GARDENS, a general law city a municipal corporation (“CITY”) and Onshore Mechanical (“CONTRACTOR”). CITY and CONTRACTOR may be referred to individually as “Party” or collectively as “Parties.”