Agenda packet — Hermosa Beach City Council, February 27, 2023 (part 6 of 6)

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

CONSULTANT 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 CONSULTANT shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT 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 on its own terms services similar to those terminated.

INDEMNIFICATION. To the extent permitted by law, CONSULTANT shall indemnify, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT. CONSULTANT shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT’s negligence, recklessness or willful misconduct. CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation to the extent such fees, costs and all other costs are determined by the court of competent jurisdiction to have been caused by the actual negligence, recklessness or willful misconduct of the Consultant. 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 CONSULTANT 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 CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’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 CONSULTANT. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, 775
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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 CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT 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. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

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

CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.

INSURANCE REQUIREMENTS.

A. The CONSULTANT, at the CONSULTANT’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 Consultant 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 CONSULTANT for City.

2. General Liability Coverage. The CONSULTANT 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 CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and 776
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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 CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or sub-consultants. 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,” CONSULTANT 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 CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, 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.

CONSULTANT 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 CONSULTANT, 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.

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.
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C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT 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 CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. The CONSULTANT 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 CONSULTANT 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 Consultant (as the named insured) should Consultant 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. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’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 Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.

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

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT 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 CONSULTANT for anything done, furnished or relating to the CONSULTANT’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 CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability 778
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by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant 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 CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.

NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT 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 CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’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 CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Joe San Clemente
Access Inc.
2901 West Coast Hwy., Suite 200
Newport Beach, CA 92663
ATTN: Matthew D. Steele
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.

A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that 779
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it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’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 CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

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

C. 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.

D. 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.

E. 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.

F. 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 780
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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, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT 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 Consultant, except the Consultant’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 Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City.

USE OF LOGO. The CITY grants the CONSULTANT permission to use its name, logo and/or trademark in deliverables produced by the CONSULTANT on the behalf of the CITY, such as written reports, presentation slides, press releases, social media graphics, and other public outreach materials. The CITY’s prior review of artwork and written approval is required for any use of CITY logo. CITY will provide an electronic copy of the most current logo to the CONSULTANT for use in materials. The CONSULTANT will, in turn, only use the most current logo of the CITY.

DISCLOSURE REQUIRED. (City and Consultant initials required at the following paragraph)
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant 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 ______
Consultant Initials ______
COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully 781
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vaccinated from COVID-19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.

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

CITY OF HERMOSA BEACH CONSULTANT
[Suja Lowenthal/CITY MANAGER] By: Matthew D. Steele/President ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney
782
RFQ 23-002 City of Hermosa Beach

2. Scope of Services

2.1 City Location and Characteristics
The City of Hermosa Beach is located within the southwestern coastal portion of Los Angeles County in what is commonly referred to locally as the “South Bay” area. The City is bounded on the north by the City of Manhattan Beach, on the south by the City of Redondo Beach, on the east by the City of Redondo Beach and the City of Manhattan Beach, and on the west by the Pacific Ocean. The City limits for Hermosa Beach encompass a relatively small land area, approximately 1.4 square miles.

Hermosa Beach is thriving, and engaged community, with some 20,000 residents and naturally draws a high number of visitors to its beaches and downtown.

Governed by a five-member City Council with members elected at large, Hermosa Beach operates under the council/city manager form of government as a general law city. Like the community, the Council is informed, educated, and engaged. The programs and services provided by the City are accomplished through eight City departments: City Clerk, City Manager, Community Development, Community Resources, Finance, Human Resources, Police, and Public Works.

2.2 Description
The Public Works Department is responsible for engineering and oversight of the City's Capital Improvement Program (CIP), maintenance of City facilities and parks, public counter services including plan check and permit issuance, managing and maintaining the public right of way, grant management, storm drains and sewers, utility districts and utility coordination, and a wide variety of other programs and services. In the Fiscal Year 2022-2023 budget, the City Council approved a significant expansion of the Capital Improvement Program (CIP), which now includes 50 projects, with a $23 million dollar budget, covering a diverse range of needs from planning to design and construction.

In 2022, the City Council also approved the City’s Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan, which outlines a number of accessibility priorities and needs.

The City of Hermosa Beach (“City”) Public Works Department is seeking Statements of Qualification from qualified consultants, or team of consultants, (“Consultant”) to provide on-call ADA Consulting Services. The selected Consultant would assist the City’s Public Works Department in establishing a pro-active approach to implementing and improving the City’s Americans with Disabilities Act Grievance Procedure, work with the City’s ADA Coordinator as the City’s CASp specialist, evaluate and resolve ADA related issues and assist in achieving the goals identified by the City's ADA Self-Evaluation and Transition Plan and applicable documents and reports, review Capital Improvement and other project plans and provide solutions as needed as they relate to ADA requirements, and assist the Public Works Department in managing the day-to day ADA

EXHIBIT A
783
RFQ 23-002 City of Hermosa Beach
compliance needs of the City and its residents. Consultants must have the expertise, experience, and demonstrate resources available to perform the work described in this RFQ.

The City intends to enter an agreement with up to two (2) qualified consultants (or teams of consultants) for the requested services in an amount not to exceed $400,000 each for a period of five years. The City anticipates a contract start date around March 2023.

This RFQ does not require consultants to address any specific projects or task orders. As work is identified, the City will solicit proposals from one, or more, on-call firms. The designated Consultant(s) shall then provide a cost proposal, fee, and a schedule per each task order issued by the City. A task order will then be negotiated and executed between the City and the selected firm. Compensation will be based on a time and materials with a not-to-exceed limit agreed upon by both the Consultant and City before work begins.

Please note that being selected for an as-needed contract does not guarantee that a Consultant will be requested to submit a task order or be assigned any work. The City reserves the right to retain other consulting firms in its sole discretion when the City believes there will be an economic or other significant advantage for doing so.

2.2 General Scope of Work
The consulting firms must have a Certified Access Specialist (CASp) on staff at all times during the duration of the contract with the City.

The scope of work includes, but is not limited to, the following services:
 Assist the City’s ADA Coordinator in implementing, and improving, the City’s Grievance Response Procedures. Review current and/or ongoing grievance complaints, coordinate responses to submitted questions, and provide an expert CASp written opinion on the legitimacy of the complaints.  Conduct field inspections and provide detailed ADA reports of the area(s) and/or accessible element(s) when a grievance is found to have merit. During the inspection, Consultant shall identify all violations and include field measurements of each non-compliant element along with code references, sketches, and photo documentation in a comprehensive report. At the conclusion the ADA inspection, Consultant shall provide cost effective recommendations on the best way to correct the violations.
 Review the adopted ADA Self-Evaluation and Transition Plan and existing ADA assessment documents available at the City and assist with the implementation of solutions for items to be resolved. Assist the City with maintaining the Selfevaluation and Transition Plan.

EXHIBIT A
784
RFQ 23-002 City of Hermosa Beach
 Perform CASp ADA surveys for existing facilities, alteration projects, new projects, etc., including identification of all violations and include measurements of each non-compliant element along with code references, sketches, photo documentation, and cost effective recommendations in a comprehensive report.  Be available to meet with City Staff or answer City Staff emails and inquiries, in a timely manner, pertaining to ADA related grievances, projects, and other relates as needed.
 Provide training for City team members regarding ADA compliance issues as needed.
 Other related as-needed work.

EXHIBIT A
785
Request for Proposals On-Call American with Disabilities Act (ADA) Consulting Services RFP Number: 23-002
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SECTION 1 COVER LETTER
January 31, 2023
P23-002
City of Hermosa Beach
Public Works Department
Administration & Engineering Division
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: Mr. Andrew Nguyen, Associate Engineer
Subject: Proposal for On-Call American with Disabilities Act (ADA) Consulting Services, RFP Number: 23-002
In response to the City’s Request for Qualifications, dated January 12, 2023, Access Inc., is pleased to submit this proposal and related information for your review. This proposal is provided as a response to the above-referenced RFQ.

Founded in 2019, Access Inc., provides personalized services to public agencies, architects, engineers, property management firms, and business owners. We assist our clients with navigating their way to compliance with the American Disabilities Act (ADA) and applicable standards such as Title 24 of the California Building Code (CBC) throughout California. Access Inc. is located in Newport Beach, Orange County, California.

Matthew Steele, President and Principal Access Inspector, is our central point of contact and responsible for delivery of our teams’ and subcontractors’ services. He can be reached by cell phone, (562) 212-4535, or by email at [email protected].

Access understands the scope of work will consist of but not limited to: Assisting the City’s ADA coordinator with grievance complaints, conducting field inspections and provide detail reporting, assisting with the adopted ADA Self-Evaluation and Transition Plan, performing CASp accessibility surveys, meeting with City Staff and providing timely answers to emails and inquiries, and providing training for City Team members and other related as-needed work.

As of January 31, 2023, there have been no addendums to the RFP posted to the PlanetBids Portal.

We appreciate the opportunity to submit this proposal. If there are any questions or you need clarification, please contact us at (562) 212-4535.

Respectfully Submitted,
Access, Inc.

Matthew D. Steele, CASp
President/Principal Inspector
Attachment(s): Statement of Qualifications for Access Inc.

EXHIBIT A
786
2901 West Coast Hwy, Suite 200, Newport Beach, CA 92663 (949) 270-2775 www.adaexperts.net

CITY OF HERMOSA BEACH, DEPARTMENT OF PUBLIC WORKS
Andrew Nguyen, Associate Engineer

PROJECT MANAGER
Matthew D. Steele, CASp
CASp Inspection & Plan
Review Services
Matthew D. Steele, CASp
John Battista, CASp
ADA Self-Evaluation &
Transition Plan Services
Matthew D. Steele, CASp
ADA Coordinator Services
Matthew D. Steele, CASp
John Battista, CASp

EXHIBIT A
787
Request for Proposals On-Call American with Disabilities Act (ADA) Consulting Services RFP Number: 23-002
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SECTION 7 PROJECT MANAGEMENT PLAN
Access, Inc. will furnish all personnel, transportation, materials, supplies, and equipment necessary to perform services. Our primary method of understanding the details of the project is fundamental, maintaining the City’s budget and schedule. Services include, but not limited to the following:

1. Review with the City’s ADA Coordinator in implementing and/or improving, the City’s Grievance Response Procedures. Also, review current and/or ongoing grievance complaints.

2. Provide ADA field surveys performed by a CASp for existing facilities, alteration projects, new projects and provide detailed ADA report of the area’s accessible elements and/or identify all violation.

3. Review the adopted ADA Self-Evaluation and Transition Plan and existing ADA assessment documents available at the City and assist with the implementation of solutions for items to be resolved.

4. Access representatives will be available for meetings with City Staff and prompt responses to staff emails.

5. Provide training for City team members regarding ADA compliance issues as needed.

Access Inc. assist our clients in complying with applicable rules, regulations and accepted guidelines. Our experienced key personnel assists clients in conducting their business in an efficient and cost-effective manner, therefore achieving a competitive advantage in the industry.

Our approach will include the following general steps:

Task 1: Approach to Responding to Requests for as Needed Work: Access will provide personalized service and prompt responses to all City requests. Throughout the duration of the proposed contract, a project manager will be assigned to this project and will respond to questions, concerns, and/or City requests within 1 business day.

Task 2: Ensuring clear communication between the Consultant’s Contract Manager and the City: Access will keep the City’s Project Manager informed of any major changes in the schedule and/or budget throughout the project period. Communication will either be via email, phone calls or video conferences to address the City’s specific issues by identifying issues and details of the projects. The project manager will allocate and oversee tasks within the overall project to our technical staff and subcontractors and communicate project status to the City.

Task 3: Oversight of Task Orders to Ensure Schedule and Budget: Access will keep the City’s Project Manager informed of any major changes in the schedule and/or budget. On a weekly basis the Project Manager will review the project’s progress and budget. The progress of the project and budget will be kept in a spreadsheet and updated at the end of each week.

EXHIBIT A
788
Request for Proposals On-Call American with Disabilities Act (ADA) Consulting Services RFP Number: 23-002
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Task 4: Adherence and Quality Assurance/Quality Control: The Project Manager will review the records, reports, and associated documentation on a regular basis to ensure the projects are being completed as required, to ensure communication has been provided regarding the projects progress, budget and/or any issues that have arrived and ensure all documents are completed and submitted in a timely manner.

EXHIBIT A
789
Request for Proposals On-Call American with Disabilities Act (ADA) Consulting Services RFP Number: 23-002

RATE SCHEDULE
JANUARY 2023 FEE SCHEDULE
General Fee Unit
Principal Access Specialist $275 per hour
Project Manager $275 per hour
Certified Access Specialist (CASp) $250 per hour
ADA Access Specialist (ICC) $195 per hour
Office Services / Administration $85 per hour
Expert Witness
Drawing Review/Site Visit/Support Services* $290 per hour Forensic / Expert Witness (4-hr. min.) * $550 per hour
Legal Testimony/Deposition** $550 per hour
Travel $0.63 per mile
Reimbursables (parking, travel, food, printing or binding, messenger, etc.) Cost + 15% lump sum
-Rates are guaranteed for the term of the agreement.
-Regular Hours: Monday - Friday 7:00am - 4:00pm
-Field work will be billed on a time and materials basis unless otherwise quoted. -Payment due thirty (30) days of invoice, then Past Due with a finance charge of 1.5% per month (18% annual).
* Fee assumes a $5,000 minimum including travel time from door to door and is invoiced in quarter hour increments + reimbursables
** Fee is invoiced in full hour increments
-Reimbursable Expenses: If pre-approved by the City Project Manager, parking, air-fare, car rental, food and lodging, etc… to be billed at Cost (w/ no mark-up)
2901 West Coast Hwy, Suite 200
Newport Beach, CA 92663
(949) 270-2775

EXHIBIT A
790

CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE ON-CALL AMERICANS WITH

DISIBILITIES ACT (ADA) CONSULTING SERVICES

BETWEEN THE CITY OF HERMOSA BEACH AND BUREAU VERITAS,
This AGREEMENT is entered into this 28th day of February 2023, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and Bureau Veritas, a limited liability company (“CONSULTANT”).

R E C I T A L S
A. The City desires to obtain on-call ADA consulting services 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 consulting services to accomplish this work.

C. The Consultant 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 Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:

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

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

As additional consideration, CITY agrees to pay CONSULTANT a total amount not to exceed $400,000, for CONSULTANT’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.

CONSULTANT 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 CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received.

SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.
791
City of Hermosa Beach

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Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT 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 CONSULTANT by this Agreement.

PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT 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 CONSULTANT 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, CONSULTANT represents that CONSULTANT 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. CONSULTANT’s key person assigned to perform work under this Agreement is Erik Piller. CONSULTANT 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 February 28, 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 CONSULTANT 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. CONSULTANT will provide CITY with a Taxpayer Identification Number.

PERMITS AND LICENSES. CONSULTANT 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. 792
City of Hermosa Beach

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

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

Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

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

INSURANCE REQUIREMENTS.

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

Page 5 of 10 ends

non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

CONSULTANT also agrees to require all contractors, and subcontractors to do likewise.

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.

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.

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Page 7 of 10 ends

by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

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 CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Joe San Clemente
Bureau Veritas
220 Technology Dr.,
Irvine, CA 92618
ATTN: Erik Piller
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.

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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 798
City of Hermosa Beach

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vaccinated from COVID-19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.

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

CITY OF HERMOSA BEACH CONSULTANT
[Suja Lowenthal/CITY MANAGER] By: Erik Piller/Senior VicePresident ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney
800
RFQ 23-002 City of Hermosa Beach

2. Scope of Services

Hermosa Beach is thriving, and engaged community, with some 20,000 residents and naturally draws a high number of visitors to its beaches and downtown.

In 2022, the City Council also approved the City’s Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan, which outlines a number of accessibility priorities and needs.

EXHIBIT A
801
RFQ 23-002 City of Hermosa Beach
compliance needs of the City and its residents. Consultants must have the expertise, experience, and demonstrate resources available to perform the work described in this RFQ.

2.2 General Scope of Work
The consulting firms must have a Certified Access Specialist (CASp) on staff at all times during the duration of the contract with the City.

EXHIBIT A
802
RFQ 23-002 City of Hermosa Beach
 Perform CASp ADA surveys for existing facilities, alteration projects, new projects, etc., including identification of all violations and include measurements of each non-compliant element along with code references, sketches, photo documentation, and cost effective recommendations in a comprehensive report.  Be available to meet with City Staff or answer City Staff emails and inquiries, in a timely manner, pertaining to ADA related grievances, projects, and other relates as needed.
 Provide training for City team members regarding ADA compliance issues as needed.
 Other related as-needed work.

EXHIBIT A
803
January 31, 2023
City of Hermosa Beach
Attn: Andrew Nguyen
1315 Valley Drive
Hermosa Beach, CA 90254
RE: RFQ# 23-002, ON-CALL AMERICAN WITH DISABILITIES ACT (ADA) CONSULTING SERVICES Dear Mr. Nguyen,
Thank you for taking the time to review Bureau Veritas Technical Assessments, LLC’s (Bureau Veritas) qualifications in response to the City of Hermosa Beach’s RFP for On Call Americans with Disabilities Act (ADA) Consulting Services. The following proposal details our capability to execute this project.

Proven Experience | Bureau Veritas has extensive experience providing ADA Assessments for City, County and State Government entities. We are licensed in the State of California and are familiar with all ADA and California codes and regulations. In addition to ADA Self-Evaluation and Transition Plan expertise - Bureau Veritas offers a full suite of services including ADA plan check, inspections, design, and turn-key project management for implementation. BVTA’s code compliance group has performed ADA and CASp plan check and inspections for hundreds of municipalities acting as augmented staff or third party consultants..

Highly Qualified Team | Bureau Veritas is an architecture and engineering firm focused solely on assessment and planning studies, with 800 professionals nationwide. We provide a national broad based Project Team of Accessibility Assessors with backgrounds in Architecture, Civil Engineering, Landscape Architecture, and Construction.

ADA Experience | Our Assessment teams have performed similar services for clients including:

We appreciate the opportunity to present our qualifications for these services and look forward to working with the City of Hermosa Beach. I am authorized to bind Bureau Veritas to all terms, conditions, and commitments made in this proposal.

Please contact me at 800.733.0660, ext. 7292704 or [email protected] to further discuss our qualifications.

Sincerely,
Erik Piller
Senior Vice President
• City of Industry, CA
• City of Garden Grove, CA
• City of Brea, CA
• City of Orange, CA
• City of Rancho Cucamonga, CA
• San Bernardino County, CA
• City of Pomona, CA
• City of Montebello, CA
• City of Alameda, CA
• City of Tracy, CA
• Hayward Recreation and Parks, CA
• City of Napa, CA
• Ambrose Parks and Recreation District, CA
• Sonoma County, CA
• Humboldt County, CA
• Gavilan College, CA
BUREAU VERITAS 220 TECHNOLOGY DRIVE | IRVINE, CA 92618
P 800.733.0660 | F 410.785.6220 | BVNA.COM

1. COVER LETTER

EXHIBIT A
804
2 Name of Company:

Tax ID:

Regional Address:

Primary Contact:

Telephone:

Email:

Bureau Veritas Technical
Assessments LLC
02-0655997
220 Technology Drive
Irvine, CA 92618
Erik Piller
Sr. Vice President
(800) 733-0660, ext. 7292704
[email protected]
Company Information

2. FIRM PROFILE
Profile
Founded in 1986, Bureau Veritas Technical Assessments
LLC (Bureau Veritas) is a professional service consulting firm providing comprehensive architectural, engineering, energy, and environmental solutions. Our team includes
over 700 building professionals nationwide, including
Certified ADA Specialists, Registered Architects, Professional Engineers, Certified Energy Managers, Environmental
Professionals, Building Systems Consultants, and Code
Compliance Experts.

Annually, Bureau Veritas conducts thousands of assessments for Private, Industrial, Government, K-12 Education, and Higher Education Clients. Having successfully completed assessments of several million square feet of building
space, Bureau Veritas has developed a proven and efficient methodology for the performance of field assessments, and data collection.

Services
• ADA Accessibility Compliance
• Facility Condition Assessments
• Space Analysis
• Educational Adequacy
• Capital Needs Assessments
• Energy Studies
• Capital Planning
• Feasibility Studies
• Project Management
• Construction Monitoring
• Plan and Document Review
• Inventory, Barcoding and Tagging
• Capital Planning Software
• Preventive Maintenance
What We Do

EXHIBIT A
805
3 3. ORGANIZATIONAL CHART
Erik Piller

PROJECT EXECUTIVE
Allyson Watts, CASp, RA
Bryon Scott, ADAC

QUALITY ASSURANCE

MANAGER

PROGRAM MANAGER

ADA ASSESSMENT TEAM

PROJECT

ORGANIZATION
CHART
Michael Cunni

SENIOR PROJECT MANAGER

EXHIBIT A
806
The following fees include all costs associated with travel, lodging, car rental, food, tools, equipment, and all other miscellaneous expenses applicable to the work related to this project.

BVTA guarantees the following rates for the term of the agreement.

SERVICES FEE
Consulting (CASp for 20 hours per week) $2,600.00/week or as-needed (T&E)

HOURLY RATES
Team Role Hourly Rate ($)
Sr. ADA Program Manager $140.00
ADA Consultant (CASp) $130.00
Quality Control Manager $135.00
ADA Assessor / Project Manager I $120.00
Technical Reviewer $115.00
Administrative $80.00
BVTA will submit a monthly invoice inclusive of all services performed during that period. The per site fee will be established per the schedule of values provided at the program kick-off, and invoiced at the billing milestones stated below. Invoices will be payable within 30 days of receipt.

Upon receipt of each monthly invoice, the amount due per billing milestone is fully collectible. Please forward payments to: Accounting Department, Bureau Veritas Technical Assessments LLC, PO Box 74007289, Chicago, IL 60674-7289 or contact [email protected] to pay via credit card or to receive wiring instructions. Please ensure that BVTA Proposal # 143819.20P or invoice number is clearly identified on all payments and correspondence for proper credit.

8. RATE SCHEDULE

EXHIBIT A
807

AWARD OF PROFESSIONAL

SERVICES AGREEMENTS FOR

ON-CALL AMERICANS WITH

DISABILITES ACT (ADA)

SERVICES
FEBRUARY 27, 2023
808
Background
 The City relies on third-party experts to
assist with American’s with Disabilities Act
(ADA) requirements and compliance
 City previously contracted help on a
project-by-basis.
 On-call agreements improves efficiency
and expedites delivery for routine services
809
Background
 March 2022, Council approved the ADA SelfEvaluation and Transition Plan, directed staff to advance recommendations as funds are
available
810
Scope of Work
 Advance ADA Self-Evaluation and Transition
Plan and update
 Assist the City’s ADA Coordinator with the City’s
Grievance Procedure
 ADA field surveys, assessments, and
recommendations
 Provide training for City team members
regarding ADA compliance issues as needed.
811
Analysis
Advertised Request for Qualifications (RFQ),
January 12, 2023
– PlanetBids
– Easy Reader
– City website
Received 7 statements of qualification
(SOQs) on February 1, 2023
Staff reviewed SOQs, interviewed top
ranked firms, and scored per weighted
selection criteria
812
Analysis
 Selection Criteria
Criteria Weight (%)
Approach and Methods 40%
Relevant Experience and Expertise 40%
Administration 20%
Total 100%
813
Analysis
Ranking Company
1 Access Inc
2 Bureau Veritas
3 Sally Swanson Architects, Inc.
4 Collaborative Access Studios
5 Partner Assessment Corporation
6 ARCOR Inc.
7 Disability Access Specialists, Inc.
814
Analysis
Access Inc and Bureau Veritas exhibited greatest
understanding of City’s needs.
Access Inc. has in-depth knowledge of City’s needs
(prepared Transition Plan, Greenbelt Assessment,
Beach Mat Assessment).
Bureau Veritas brings a strong background in similar
services (City of Alameda, San Bernadino County,
City of El Segundo).
Public Works will use two on-call consultants to
further enhance timeliness and breadth of
experience.
815
Recommendation
 Staff recommends award to Access Inc. and Bureau
Veritas:
 Each not not-to-exceed $400,000 each
 Five-year terms, option to extent one year
816
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0100
Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of February 27, 2023

UPDATE AND DISCUSSION OF OPTIONS FOR
PARKING LOT D IMPROVEMENTS (CIP 682)
(Environmental Programs Manager Douglas Krauss)
Recommended Action:

Staff recommends City Council:

1. Receive an update on the Parking Lot D project and Conceptual Rendering (Attachment 1); and

2. Provide staff with feedback or direction on next steps, if so desired.

Executive Summary:

At its January 10, 2023 meeting, City Council directed staff to return to Council with an update on the status of the Parking Lot D Improvement Project (CIP 682) to facilitate a discussion regarding the project and possible project alternatives.

Background:

The Parking Lot D Improvement Project was first conceived in 2017 to reconstruct Parking Lot D, located at the southwestern corner of Manhattan Avenue and 14th Street, as a demonstration project showcasing a range of environmentally sustainable design elements. The conceptual design elements include storm water infiltration, native vegetation, electric vehicle (EV) charging stations, and solar power generation to help power the lights and EV charging stations (Attachment 1).

To date, the City has expended approximately $120,000 on design and grant application support and has conducted extensive community outreach and engagement at the project’s inception to help shape the scope and design. Staff anticipates it will take approximately $20,000 to complete the design and to prepare the bid package for advertisement.

Construction estimates in 2021 for the current project was approximately $1,200,000, with $857,600 paid with outside funding and $342,000 with local funds. Staff applied for, and was successful in securing, $433,650 in grant funding from the Coastal Conservancy and $423,950 from the Safe Clean Water (SCW, formerly Measure W) regional funding program to complete construction of the project. The local funding includes $47,186 in CIP funds and $295,214 in Storm Drain Funds.

Staff is currently reviewing the final plans and will begin development of specifications prior to City of Hermosa Beach Page 1 of 5 Printed on 2/23/2023
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REPORT 23-0100
Staff is currently reviewing the final plans and will begin development of specifications prior to advertisement. It will take staff roughly several months to complete the remaining work amidst other competing project priorities. Staff has tentatively set a goal of advertisement and award of the contract to be able to begin construction in fall 2023. Construction is slated to be completed during the off-season to avoid additional impact to parking during the busier summer months.

At its January 10, 2023 meeting, Councilmember Saemann requested staff bring back an item to provide an update on the project and discuss possible strategies for amending the project.

Specifically, it was proposed to add a second deck for additional parking at the site to maximize the parking benefits of the proposed project. This request was supported by Mayor Jackson.

Past Council Actions
Meeting Date Description
March 27, 2018 City Council approved a resolution authorizing staff to submit a grant application to the California Climate Investments Urban Greening Program
July 13, 2021 City Council approved a resolution authorizing acceptance of grant funding from the Coastal Conservancy
January 10, 2023 Two Councilmembers supported returning to City Council with an item updating Council on the status of the Parking Lot D Improvement Project to facilitate a discussion regarding the project and possible project alternatives.

Discussion:

Should Council choose to pursue the multi-story parking concept, it would be timely to provide such direction. With limited number of properties under City ownership, it is reasonable to consider maximizing the potential of surface lots with concepts such as: designing parking areas exclusively below ground, allowing above ground levels to include mixed-use development; incorporating additional levels below and above ground to increase parking capacity; and assembling properties to concurrently develop through public-private partnerships.

Following City Council’s direction to provide an update, staff discussed the possibility of a project amendment and conferred with the project engineer regarding logistics and costs for the proposed project amendment. Staff also consulted with the funding agencies to determine if extensions or amendments to the grants were feasible.

The Coastal Conservancy funding is set expire in February of 2024, at which time construction of the project must be completed. Conservancy staff indicated that there may be a chance to extend the deadline to February of 2025. An extension would require an amendment to the current funding agreement, which is subject to approval by the Coastal Conservancy Board. Any substantial changes to the project would also require resubmittal to its board for approval. The amendment process can City of Hermosa Beach Page 2 of 5 Printed on 2/23/2023
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take up to six months.

Los Angeles County staff responsible for the administration of the Safe Clean Water (SCW) funding program indicated that the City has five years after the transfer of funds to expend the grant. The City’s funding is slated for two equal transfers, with the first fund transfer of $211,975 scheduled for Spring of 2023 and the second transfer with the remaining balance scheduled for 2024. Any change in scope, or request for additional funds, would require a separate application to the SCW Scoring Committee and eventual approval by the Los Angeles County Board of Supervisors. The scope change process can take up to one year. If the scope changes were not approved, and the City decided not to move forward with the current project, then any funds provided to the City in Spring 2023 would need to be returned.

Both funding opportunities were targeted to support sustainability improvements and specifically storm water pollution prevention. Any revision to the project that deviates from this goal would jeopardize the project’s eligibility for this funding. Per the consultant, the additional level of parking would require a new design. Design and engineering services for a revised project could cost approximately $300,000 and take approximately six months. A Coastal Development Permit from the Coastal Commission would also be required. The current project design would result in 22 parking spaces, which is one more than in the current parking lot.

It is unclear at this time the extent to which the sustainability improvements could be retained if the project were revised to include a second parking deck. A second deck structure would require footings that would impact the retention system making it less effective. It could also reduce the number of parking spaces on the first floor. The visual impacts of a larger structure with solar panel canopy on top, the operational impacts of vehicle circulation, and long-term operation and maintenance needs would also need further consideration and with input from the community. Staff estimates that the new deck could potentially allow up to 22 additional spaces maximum but would likely require the removal of two spaces on Manhattan Avenue to accommodate a new driveway. The consultant also provided a very rough construction cost estimate of at least $3,000,000, based in part on recent comparable projects bringing the combined estimated cost of approximately $3,600,000, including a 20 percent contingency.

Should the Council find it timely to reconsider the original concept and design for Lot D in order to add additional uses and/or parking capacity, future design concepts need not abandon consideration of the sustainability elements in the current design. Considering the information provided by the project engineer and funding agencies, it is most likely that the City would need to cancel the current project, return the grant funding, and seek additional funding before design of a revised project could commence. Alternate sources of revenue could be explored, including leveraging the site along with other City-owned properties in a public-private partnership. The upcoming facilities needs assessment could additionally inform this consideration should the Council elect to move in this City of Hermosa Beach Page 3 of 5 Printed on 2/23/2023
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direction.

General Plan Consistency:

This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

Mobility Element
Goal 4. A parking system that meets the parking needs and demand of residents, visitors, and employees in an efficient and cost-effective manner.

Policy:

4.2 Encourage coastal access. Ensure parking facilities and costs of such facilities are not a barrier to beach access by the public
Infrastructure Element
Goal 5. The stormwater management system is safe, sanitary, and environmentally and fiscally sustainable.

Policy:

5.7 Stormwater permits. Strictly implement, enforce, and monitor MS4 National Pollutant Discharge Elimination Systems (NPDES) Permit requirements through stormwater ordinances.

Fiscal Impact:

The City has secured $857,600 in grant funds from the two funding agencies for the currently proposed Parking Lot D project. The construction estimate provided by the consultant in 2021 was approximately $840,000 and ongoing maintenance is estimated at approximately $12,000 annually.

Ongoing annual storm water monitoring costs are not yet known. The City has spent approximately $120,000 of its own funds to date for design and engineering.

There is no funding source currently identified for the estimated $300,000 design and engineering services and estimated $3,600,000 construction cost of the proposed multi-story parking lot project.

Attachments:

1. Parking Lot D Conceptual Rendering

2. Link to March 27, 2018 City Council Staff Report

3. Link to July 13, 2021 City Council Staff Report
Respectfully Submitted by: Douglas Krauss, Environmental Programs Manager Concur: Joe SanClemente, Director of Public Works
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Pat Donegan, City Attorney
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REPORT 23-0100
Approved: Suja Lowenthal, City Manager
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PERMEABLE CONCRETE PAVERS
(TO MATCH PAVERS AT PIER AVE. &
MANHATTAN AVE. CORNER PLAZA)

BICYCLE RACKS

WASTE RECEPTACLE

TREE GRATE (OPTION)
(TO MATCH PIER AVE. &
MANHATTAN AVE. CORNER
PLAZA)
14TH STREET

PALM DRIVE

DEMONSTRATION WATER SCUPPER
MANHATTAN AVE.

PARKING LOT D - PROPOSED DESIGN IMPROVEMENTS

CITY OF HERMOSA BEACH

PROPOSED LOCATION FOR

RELOCATING EXISTING CACTUS
(CEREUS PERUVIANUS)
NOTE:

INTERPRETIVE / INFORMATIONAL SIGNAGE

LOCATION TO BE DETERMINED
CONCRETE ‘PEBBLE’ SEATING

WITH DECORATIVE SKATE STOPS
822

PARKING LOT D - SUSTAINABILITY

CITY OF HERMOSA BEACH

STORM WATER MITIGATION & FILTRATION SYSTEM

PERMEABLE INTERLOCKING PARKING STALL PAVERS

DEMONSTRATION BIOSWALE

SMART PARKING, EV CHARGING STATION

LOW WATER PLANTING
& HIGH-EFFICIENCY IRRIGATION

SOLAR MULTI-SPACE PAY STATION
823

PARKING LOT D - DESIGN SIMULATION

CITY OF HERMOSA BEACH

EXISTING CONDITIONS

PROPOSED IMPROVEMENTS
824
Melaleuca leucadendra (quinq.)
Cajeput Tree
20’-40’ H x 15’-25’ W
TREES
Melaleuca nesophila
Pink Melaleuca
15’-30’ H x 15’-30’ W
Prunus cerasifera ‘Newport’
Purple Leaf Plum
15’-20’ H x 15’-20’ W
Pyrus kawakamii
Evergreen Pear
15’-30’ H x 15’-30’ W
Agave attenuata ‘Variegata’
Variegated Fox Tail Agave
Agave vilmoriniana
Octopus Agave

SHRUBS & GROUNDCOVERS
Limonium perezii
Sea Lavender
Aloe striata
Coral Aloe
Crassula capitella ‘Campfire’
Campfire Crassula
Kalanchoe ‘Flap Jacks’
Paddle Plant
Senecio vitalis
Narrow Leaf Chalksticks
Echeveria ‘Afterglow’
Afterglow Echeveria
Carissa grand. ‘Green Carpet’
Green Carpet Natal Plum
Dianella ‘Clarity Blue’
Clarity Blue Dianella
PARKING LOT D - SEA COAST (ZONE 1) PLANT PALETTE

CITY OF HERMOSA BEACH
Muhlenbergia rigens
Deer Grass
Carex barbarae
Santa Barbara Sedge

BIOSWALE PLANTS
Anemopsis californica
Yerba Mansa
Distichlis spicata
Saltgrass
Juncus patens
Common Rush
Mimulus cardinalis
Scarlet Monkeyflower
Sisyrinchium bellum
Blue-eyed Grass
Limonium californicum
California Sea Lavender
Muehlenbeckia complexa
Wire Vine
VINES
Distictis buccinatoria
Red Trumpet Vine
Ficus pumila
Creeping Fig
Pittosporum crassifolium
Seaside Pittosporum/Karo
15’-30’ H x 6’-15’ W
825
City Council Special Meeting
02-27-23 17:00
Agenda Name Comments Support Oppose Neutral
f) REPORT 23-0100 UPDATE AND DISCUSSION OF OPTIONS FOR
PARKING LOT D IMPROVEMENTS (CIP 682)
(Environmental Programs Manager Douglas Krauss)
2 0 1 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Agenda Item: eComments for f) REPORT 23-0100 UPDATE AND DISCUSSION OF OPTIONS FOR PARKING LOT D IMPROVEMENTS (CIP 682)
(Environmental Programs Manager Douglas Krauss)
Overall Sentiment
Howard L
Location:

Submitted At: 2:52pm 02-27-23
I agree with Ms Berman notwithstanding that Rob Saemann has exactly the right idea. This project has been going on actually for over 8 years, not just the 6 years.

Also to do it right in the future, the lot would best be dug out flat to the Eastern boundary and a retaining wall put in and then with two decks above the Palm Drive suraface. The single property to the South, with its cracy long sliding door on the slope into the parking lot creates a massive headache for doing the leveling and decking.

This is no time to throw out the baby with the bathwater. Best leave this small project get done. Good G. at least something will get finished durijng the Lowenthal mess of cluster F after cluster F. Howard L. PS Thank you Rob Saemann for having the right idea.
826
Claudia Berman
Location: Hermosa Beach
Submitted At: 12:09pm 02-27-23
After many years and obtaining a grant to proceed with parking lot D improvements, please give direction to complete the project as designed. I’m against changing the project direction that would more than double the cost and require “starting over” for an estimated 20 additional parking spaces. Please don’t risk losing the funding. I also think a 2 story parking structure in that location would be an eye sore as well. 827

Hermosa Beach City CouncilFebruary 27, 2023

Hermosa Beach City Council
February 27, 2023