Hermosa Beach City Council
April 25, 2023

CITY OF HERMOSA BEACH
1315 Valley Drive, Hermosa Beach, CA,
90254 Phone: (310) 318-0207, FAX:
(310) 937-5015
www.hermosabeach.gov
RFP NUMBER: RFP# 23-004
RFP TITLE: RESIDENT AND BUSINESS MITIGATION EDUCATION PROGRAM REQUESTING DEPARTMENT: Office of the City Manager
RELEASE DATE: Monday, March 13, 2023
QUESTIONS DUE: Tuesday, March 21, 2023
DUE DATE: Thursday, April 6, 2023 @ 3:00 p.m. PST
Notice is hereby given that the City of Hermosa Beach will receive proposals for:

RFP# 23-004, RESIDENT AND BUSINESS MITIGATION PROGRAM
Proposals must be submitted as PDF via the PlanetBids Portal (pbsystem.planetbids.com/portal/51313/portal-home). Proposals will be received until 3:00 p.m. PST, Thursday, April 6, 2023.

The City reserves the right to make no award.

Please direct any inquiries regarding this RFP to Sara Russo, Senior Management Analyst at [email protected]. All questions regarding the content of the proposal may be emailed to Sara Russo referenced above.

Dated: March 13, 2023
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Table of Contents
1 Introduction ............................................................................................................................4

1.1 Invitation for Proposals ....................................................................................................4

1.2 RFP Timeline......................................................................................................................4

1.3 Submittal Procedures.......................................................................................................4

1.4 Contact ............................................................................................................................5

1.5 General RFP Conditions...................................................................................................5

2. Project Overview.................................................................................................................10

2.1 Background ...................................................................................................................10

2.2 Objective and Goals .....................................................................................................10

2.3 Relevant Plans, Policies, Programs, or Projects............................................................11

3. Scope of Services................................................................................................................12

4. Proposal Submittal Instructions...........................................................................................12

4.1 Proposal Format.............................................................................................................13

4.2 Proposal Content...........................................................................................................13

4.2.1 Cover Letter.............................................................................................................13

4.2.2 Firm Profile................................................................................................................13

4.2.3 Project Understanding and Approach to Scope of Work ...................................14

4.2.4 Project Management Plan.....................................................................................14

4.2.5 Experience and Qualifications...............................................................................15

4.2.6 Required Forms........................................................................................................16

4.2.7 Cost Proposal ..........................................................................................................17

5. Proposal Evaluation and Selection ....................................................................................18 Proposal Review Process ................................................................................................................19

6. Contract Expectations ........................................................................................................20

6.1 Contract Period..............................................................................................................20

6.2 Professional Services Agreement .................................................................................20

6.3 Standards of Work..........................................................................................................20

6.4 Invoicing and Payment.................................................................................................20

7.2 Required Forms ..............................................................................................................32

7.2.1 Certification of Proposal.........................................................................................32

7.2.2 Non-Collusion Affidavit ...........................................................................................34

7.2.3 Compliance with Insurance Requirements...........................................................35

7.2.4 Acknowledgement of Professional Services Agreement.....................................36

7.2.5 COVID Vaccination Certification ..........................................................................37 590
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1 Introduction

1.1 Invitation for Proposals
The City of Hermosa Beach, Office of the City Manager is seeking proposals from qualified individuals or firms to design a resident and business mitigation education program. Proposer(s) must have the expertise, experience, and demonstrate resources available to perform the work described in the RFP.

Should an award be made, the selected Consultant(s) will enter into a professional services agreement with the City of Hermosa Beach to provide these services. The City anticipates a contract start date around April 2023.

1.2 RFP Timeline
RFP posted March 13, 2023
Deadline to submit written questions March 21, 2023
Posting of responses to questions March 28, 2023
Deadline to submit proposals April 6, 2023 - 3 PM PST
Tentative award April 25, 2023

1.3 Submittal Procedures
Proposes shall submit one copy of the proposal and one copy of the fee schedule in PDF format on the PlanetBids Portal.

No proposals will be accepted after the listed date and time. The format, content, and procedures for submitting a proposal are provided in further detail within the RFP (See Section 4 for complete submittal procedures).
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1.4 Contact
Please direct any inquiries regarding this RFP to Sara Russo, Senior Management Analyst at [email protected]. All questions regarding the content of the proposal may be emailed to Sara referenced above.

1.5 General RFP Conditions
The following instructions and conditions apply to this RFP:

Pre-Contractual Expenses
The City of Hermosa Beach shall not, in any event, be liable for any pre-contractual expenses incurred by any consultant. In addition, no consultant shall include any such expenses as part of the price proposed. Pre-contractual expenses are defined as expenses incurred by bidders in:
• Preparing a proposal in response to this RFP;
• Submitting that proposal to the City of Hermosa Beach; • Negotiating with the City of Hermosa Beach any matter related to this RFP, proposal, and/or contractual agreement; or
• Any other expenses incurred by the consultant prior to the date of an executed contract.

Authority to Withdraw RFP and/or Not Award Contract
The City of Hermosa Beach reserves the right to withdraw this RFP at any time for any reason without prior notice. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP. The City expressly reserves the right to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s).

The release of this RFP does not obligate or compel the City to enter into a contract or agreement.

Authority to Revise RFP and Request Additional Information The City reserves the rights to amend the RFP at any time, to determine the successful respondent(s), and to reject any or all Proposals or their components. Should it be necessary for the City to issue addendums to this RFP during the proposal period, the City will post addendums to the PlanetBids Portal. It is the responsibility of all prospective proposers to check PlanetBids regularly to see whether any addenda or supplemental materials have been issued. Proposals shall acknowledge that the consultant is aware 592
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of all addendums which have been issued and has incorporated their provisions in their proposal by completing the Certification of Proposal Form.

The City reserves the right, to request additional information or clarifications from consultants where it may serve the City’s best interest.

Other Conditions
• ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm(s), the Scope of Work may be modified and refined during negotiations with the City. Any proposer that provides additional services can include those services in the proposal and list them as additional services.
• AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the consultant to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a consultant shall provide a current power of attorney certifying the agent’s authority to bind the consultant.
• AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected consultant, if any. Award may be made to the consultant offering the most advantageous proposal after consideration of all criteria. • COMPLIANCE WITH LAWS. All proposals shall comply with current Federal, State, and other laws relative thereto.
• CONFLICT OF INTEREST. By signing the Certification of Proposal, the consultant declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Qualifications, consultant declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
• DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the consultants, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any consultant is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a consultant is interested. Consultants shall submit as part of their Proposal documents the completed Non-Collusion Affidavit.
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• EXAMINATION OF DOCUMENTS. It is the responsibility of the consultant to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addendums (if any).

Consultants shall satisfy themselves as to the character, quantity, and quality of work to be performed and materials, labor, supervision necessary to perform the work as specified by these documents. The failure or neglect of the consultant to examine documents shall in no way relieve the consultant from any obligations with respect to the solicitation for and subsequent contract that may be awarded.

The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the consultant has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a consultant to receive or examine any of the documents shall in no way relieve the consultant from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document. • INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of this RFP documents, or finds discrepancies or omissions in the document, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City.

Proposers shall submit all questions in writing to the contact listed in the announcement. Proposers may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests.

When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each consultant to ensure the City has their correct business name, mailing address and e-mail address on file through the PlanetBids online portal. Any prospective consultants who obtained a set of RFP documents from the PlanetBids online portal are responsible for checking PlanetBids to verify if any subsequent Addendums were issued.
• IRREGULARITIES. City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Manager. • NON-DISCRIMINATION. Consultant represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age or medical condition.
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• NON-EXCLUSIVE. Should the City make an award, the successful consultant will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms.
• OFFERS OF MORE THAN ONE PRICE. Consultants are NOT allowed to submit more than one cost proposal.
• OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission. All bid proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Proposals should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All Information contained within the proposals will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within its bid proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. • PROFESSIONAL SERVICES AGREEMENT. Prior to awarding any work, the selected Consultant will be required to execute a professional services agreement (sample attached) with the City. Any proposed change to the agreement shall be identified in the response to the Request for Proposals (RFP) and shall be subject to the sole approval of the City. The City requires the Consultant to obtain and maintain a policy of professional liability and other insurance as indicated in the agreement.
• NO PUBLIC BID PROPOSAL OPENING/PUBLIC RECORDS ACT. Proposals shall be opened and its contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing consultants.

Adequate precautions shall be taken to treat each consultant fairly and to insure that information gleaned from competing proposals is not disclosed to other Consultants. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authority. • PUBLIC RECORD. All proposals submitted in response to this RFP will become the property of the City upon submittal and a matter of public record when the City selects a proposer for recommendation to the City Council for its consideration pursuant to applicable law.
• REPRESENTATIONS. Consultant understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in evaluation of the proposal. Consultant misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.
• SEVERABILITY. If any provisions or portion of any provision, of this Request for Proposals are held invalid, illegal or unenforceable, they shall be severed from 595
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the Request for Proposals and the remaining provisions shall be valid and enforceable.
• SUBCONSULTANT INFORMATION. If the proposal includes the use of sub consultants, consultant must identify specific sub consultants and the specific requirements of this RFP for which each proposed sub consultant would perform services. All sub consultant for work services must follow all required provisions of the prime contract.
• VALIDITY. Proposal must be valid for a period of 90 days from the due date. • WITHDRAWAL OF PROPOSAL. Consultants’ authorized representative may withdraw Proposals only by written request received by this RFP contact personal before the Proposal Submittal Deadline.
• BUSINESS LICENSE. The selected firm(s) must obtain a City of Hermosa Beach Business license and maintain a current certificate of insurance with the City for the duration of the Professional Service Agreement.
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2. Project Overview

2.1 Background
Hermosa Beach is a thriving community of some 20,000 residents. It was established in 1907 and is 1.4 square miles. The City of Hermosa Beach owns the sand to the tide line and is bordered by City of Manhattan Beach, City of Redondo Beach, and the Pacific Ocean. Hermosa Beach is part of the seismically active Southern California region, known as the San Andreas Fault. The City is bounded on the Southwest by the Palos Verdes Fault and on the northeast by the Newport-Inglewood Fault. Both faults are less than 5 miles from Hermosa Beach. There are areas of Hermosa Beach that are subject to landslides or liquefaction west of Hermosa Avenue and North of Hernando Street between Monterey Boulevard and Valley Drive which are all within the Coastal Zone. In addition, there are three areas of Hermosa Beach with steep slopes with the potential for earthquake-induced landslides: along Gould Terrace, at South Park and along the City's eastern border near 8th Street. There are a variety of other hazards as identified in the Local Hazard Mitigation Plan that can impact the residents, businesses and visitors in Hermosa Beach.

There is currently no formal cohesive education program in the City to educate the residents on the hazards that may impact them, ways that they can mitigate the impacts and how to be prepared in the event that one of these hazards happens. In addition, the City is composed of a variety of small businesses that do not have emergency operations plans nor Continuity of Operations plans. The Chamber of Commerce does not focus on emergency preparedness, resiliency, and recovery with the businesses, so it is imperative that the City partner with local businesses and the Chamber of Commerce to launch an education program that includes businesses, faith-based organizations and the school district.

2.2 Objective and Goals
The City of Hermosa Beach is seeking a qualified consultant, or team of consultants capable of completing a formal public education program that will educate businesses and residents on the hazards identified in the local hazard mitigation plan that may impact them, ways to mitigate the impacts, and how to prepare in the event an incident happens.

The goal would be to work with a consultant to develop a comprehensive community education campaign to educate the community about the hazards that may impact the community and how both businesses and residents can implement mitigation strategies to prevent injury and death as a result of the exposure to the disaster. The community campaign will include a potential speaker series with subject matter experts and provide practical solutions to hazard mitigation and preparedness. The 597
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campaign will have a children series in which it can be implemented in partnership with the Hermosa Beach City School District. Collateral materials will be developed and distributed community wide via social media, website, and at community events. In addition, presentations will be provided to Neighborhood Watch block captains and the City’s Community Emergency Response Team (CERT) volunteers. The consultant will work through City staff to coordinate with the Chamber of Commerce to develop and implement an educational series and materials that business can use to implement a mitigation, preparedness, and resiliency program.

2.3 Relevant Plans, Policies, Programs, or Projects
Proposers should review and consider the work already completed or underway in the development of approach, budget, and schedule. The following links are provided for your convenience:
• City of Hermosa Beach General Plan – PLAN Hermosa
• City of Hermosa Beach Emergency Preparedness Webpage
• Final 2017 Local Hazard Mitigation Plan (Update Forthcoming) • Ready.gov

3. Scope of Services
The Scope of Services shall include, but not be limited to the following tasks. Consultant teams are encouraged to recommend alternative approaches and/or additional tasks to completing the work.

Consultant will develop a Hermosa Beach branded comprehensive community education campaign to educate the community about hazards identified in the local hazard mitigation plan that may impact the community and how both residents and businesses can implement mitigation strategies to prevent injury and death as a result of the exposure to the disaster.

The City anticipates the contract term would begin around April 2023. The City is interested in having the community and business emergency preparedness campaign completed and ready for FEMA’s review and approval within five (5) months from the Notice to Proceed.

Task 1 – Resident Emergency Preparedness Campaign
a. Develop a whole community emergency preparedness education campaign including mitigation, preparedness, response, and recovery techniques that can be presented at public meetings of governing bodies, volunteer group meetings such as Neighborhood Watch and CERT, and to various community organizations. 598
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encouraging residents to implement self-preparedness in order to increase community resiliency.
b. Develop a branded 12-month editorial calendar with content that includes, but is not limited to, social media, banners, website, flyers, brochures, activity pages, and materials such as emergency kits, flashlights, earthquake straps, etc. To be reinforced with a speaker series.
c. Develop a children’s series that includes a presentation to the Hermosa Beach City School District, activity pages, social media, e-newsletter and website content that may be used by the Hermosa Beach City School District.

All task deliverables shall follow the City’s Branding and Style Guidelines and shall include:
social media posts and graphics for Facebook, Twitter and Instagram; website content; brochures (printable and downloadable); children’s activity pages; video shorts; and Public Service Announcements. Content must adhere to relevant ADA guidelines and be accessible to all members of the community.

Task 2- Business Community Emergency Preparedness Campaign a. Develop a comprehensive business community emergency preparedness education campaign including mitigation, preparedness, response, and recovery techniques that focus on business capabilities to mitigate disaster impacts and enhance business recovery including step-by-step materials that businesses could use to implement the full program.
b. Develop a speaker series partnering with local community stakeholders to reinforce concepts including workshops where attendees (both residents and businesses) leave with completed components of the campaign.
c. Present information i.e. marketing collateral materials, websites, links, etc. to businesses at the Chamber of Commerce’s monthly meetings.

All task deliverables shall follow the City’s Branding and Style Guidelines and shall include:
social media posts and graphics for Facebook, Twitter and Instagram; website content; brochures (printable and downloadable); scripts; video shorts; and Public Service Announcements. Content needs to be accessible to all members of the community including those with access and functional needs.

Task 3- Report
Provide a report that includes all branded aspects of the education program for residents, businesses, and children to the City in a format that can be downloaded and easily shared with the community. Materials should be editable so that they can easily be updated with any changes in information.

4. Proposal Submittal Instructions
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4.1 Proposal Format
Proposes shall submit one copy of the proposal and one copy of the fee schedule in PDF format on the PlanetBids Portal.

4.2 Proposal Content
Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals should include the sections as described in greater detail below. Do NOT include marketing brochures or other promotional material not connected with this RFP.

4.2.1 Cover Letter
Proposal must be accompanied by a cover letter, signed by an individual authorized to bind the proposing entity. An unsigned proposal is grounds for rejection. The cover letter should include an introduction of the firm, contact information, summary statement of professional qualifications, and statement of understanding of the scope of work. The cover letter also shall acknowledge receipt of any addendums that were issued for this RFP.

4.2.2 Firm Profile
Proposers should provide a brief profile of the prime consultant and any sub-consultants.

Information should include, but is not limited to the following information:
• Official name and address;
• Name, address, email, and telephone number of the consultant’s primary point of contact;
• Type of business entity of consultant (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture;
• Federal Employer I.D. Number;
• Address, telephone numbers and fax numbers of each of the proposing firm’s locations;
• Indication whether firm is totally or partially owned by another business organization (parent company) or individual;
• Number of years consultant has been in business under the present business name;
• Number of years of experience the consultant has had in providing required, 600
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equivalent, or related services; and
• Any failures or refusals to complete a contract, and explanation.

4.2.3 Project Understanding and Approach to Scope of Services Proposers should include in this section a statement of project understanding, organizational chart, approach to work program and summary of deliverables, described in greater detail below.

Statement of Project Understanding
Consultant must include in this section its understanding of the project and understanding of the Scope of Services noted herein. Consultant should be able to articulate a thorough understanding of the Federal, State, County and local requirements, and other industry standards applicable to the project or services to be provided.

Organizational Chart
Consultant shall include an organizational chart that reflects key staff and roles/responsibilities of each individual assigned to provide services under this Proposal.

Any roles or topics in which the proposer anticipates utilizing the expertise of subcontractors should be clearly identified.

Approach to Work Program (Required and Optional Tasks)
The City is seeking an effective, efficient, and creative approach to preparing work products and meeting the City’s goals and timelines. In this section, proposers should include their recommended approach to providing the requested professional services and tasks noted in the Scope of Services in the RFP. The approach to the work plan shall be of such detail to demonstrate the proposer’s ability to accomplish project objectives within the specified timeline. This section should also include proposed approaches and techniques to engagement of community and stakeholders in the process of developing projects.

The proposer’s approach should provide detail on both the required and optional tasks identified in the scope of services, as well as any additional tasks or services performed by the proposer.

Additional Services
Consultant shall provide the City with any additional services that the firm can provide.

Consultant may additionally itemize those services which are further beneficial but are not noted in the aforementioned paragraphs as requirements.

Roles and Responsibilities for City Staff
Proposer should summarize any services NOT provided by their firm that are listed in the Scope of Services. Consultant shall also list any resources, City assistance or other items expected to be provided by City, “Work to be Performed or Provided by the City”. 601
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4.2.4 Project Management Plan
Key to a creative, effective, and efficient delivery of projects is close coordination and communication between the City, community, and the selected consultant. In this section, proposers should provide information on scheduling, and describe the firm or project manager’s approach to communications and quality assurance/quality control.

Project Schedule
Proposers must provide a project schedule with anticipated timeframe for key deliverables outlined in the scope of services.

Communications Approach
Proposers should describe their recommended or preferred approach to project communications between the City and Consultant team. This should include detail on the frequency of project check-ins, progress updates, and meeting locations (i.e. phone, email, in-person). Communications protocols for coordinating with other City departments, agencies, and the community can be established during individual project kick-offs. Consultant should have the capability to manage virtual meetings as needed.

Quality Assurance/Quality Control Approach
Describe the firm’s QA/QC processes that will be adhered to during the term of the agreement. Describe the Consultant’s method of ensuring that the assigned personnel’s quality of work is high.

4.2.5 Experience and Qualifications
Proposers should include in this section a summary of relevant projects, contact information for references, and information about the experience, qualifications, and availability of key personnel, described in greater detail below.

Summary of Relevant Projects
Proposers should highlight representative projects that are similar in scope to the services requested to demonstrate the firm’s depth of experience and familiarity with Similar projects. For each project, please include the following information, at a minimum:
• Year started and completed (if relevant)
• Contracting Agency and Department;
• Project Description;
• Key Personnel Assigned; and
• Contract Value
References
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Consultant must provide at least three (3) references for which consultant has provided services similar in scope as set forth in the RFP within the last five (5) years. Reference information should include:
• Name of agency;
• Name of agency project manager;
• Email address and telephone number of contact person; and • Description of project or services provided.

Experience and Qualifications of Key Personnel
The consultant shall provide resumes indicating the experience and qualifications for the key personnel identified in the organization chart. Consultant shall also include the number and type of additional support personnel who will be providing services. At a minimum, the resume for each team member should include:
• Name;
• Position and Role for This Project;
• Degrees and Certifications;
• Professional Memberships/Registrations;
• Summary of Experience; and
• Work on Representative Project Similar in Scope.

If sub-consultants are to be used as part of this proposal, a resume of the sub-consultant and relevant experience is to be included in the same format.

Assignment of Key Personnel
It is the City’s preference to have the key personnel identified in the Organizational Chart remain with the individual project during its duration. In this section, please indicate the availability of key personnel to pursue completion of projects.

After contract execution the Consultant should not substitute key personnel (project manager and others listed by name in the proposal) or sub-consultants without prior written approval from the local agency. The consultant must request and justify the need for the substitution and obtain approval from the agency prior to use of a different subconsultant on the contract. The proposed substituted person must be as qualified as the original, and at the same or lower cost for geotechnical types of consultant contracts, the Consultant’s project manager shall have all the necessary credentials to qualify him/her as a project manager for this project.

In the event there are proposed changes in key personnel, including sub-consultants, during the term of the agreement that are outside of the consulting firm’s control, the 603
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consultant shall prepare a transition plan that is presented to the City’s project manager for review.

4.2.6 Required Forms
Consultant shall review, acknowledge and submit the following forms:
• Certification of Proposal. Consultant is required to sign and submit the Certification of Proposal including acknowledgement that they have received and considered any addendums issued by the City of Hermosa Beach in connection with this RFP. (See section 7.2.1)
• Non-Collusion Affidavit. Consultant is required to sign and submit the NonCollusion Affidavit. (See section 7.2.2) • Compliance with Insurance Requirements. Consultant shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Professional Services Agreement. (See section 7.2.3) • Acknowledgement of Professional Services Agreement. Consultant shall demonstrate willingness and ability to comply with the City’s Sample Professional Services Agreement and/or indicate any exceptions to the Professional Services Agreement. (See section 7.2.4)
• Covid Vaccination Certification. Consultant agrees to certify in writing to CITY that all 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 vaccinated from COVID-19. (See section 7.2.5) 604
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4.2.7 Cost Proposal
The cost proposal shall be submitted through PlanetBids Portal as a separate file, labeled “Cost Proposal” and indicate the firm’s name. The cost proposal shall detail costs broken down by task, hourly rates, and key personnel.

Consultant should provide the cost proposal for the duration of the agreement to successfully fulfill the Scope of Services detailed in this RFP. Required and optional tasks should be consistent with the tasks listed in the Scope of Services and be clearly marked in the cost proposal to facilitate consistent comparison of costs between proposals. The Cost Proposal should identify project team members, and hourly billing rates and break costs by task and phase. The fee schedule should also include any direct costs such as travel, equipment, printing/materials.

The method of payment shall be primarily at Specified Rates of Compensation but may include Cost per Unit of Work. The proposal should include hourly rates for all types of personnel required to perform the services described in this RFP.

Other direct costs, intended to be charged to the City, need to be stated. No mark-ups will be allowed for other direct costs.

5. Proposal Evaluation and Selection

5.1 Proposal Review Process
The City will evaluate all proposals received in accordance with the evaluation criteria.

The City shall not be obligated to accept the lowest priced fee schedule, but the City may make award(s) in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer. Evaluation scores will not be released until after award of proposal, if one is made.

Following the review of RFPs by the City’s team, the City may, if it chooses to do so, invite short-listed consultants to be interviewed by a panel of City staff, which may include nonCity personnel at the City’s discretion. Discussions may, at the City's option, be conducted with the most qualified Proposers. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements.

Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers.

The City will verify references of short-listed consultants, which may include persons not listed as references, and this will help inform the City’s decisions. The City will select a consultant to negotiate for the performance of work. In negotiating the contract the City may request modifications to the proposed scope or to the technical team or other elements of the proposal. If negotiations fail, the City will commence negotiations with 605
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the next qualified candidate. Work will promptly commence following contract award and satisfaction of contract requirements.

5.2 Evaluation Criteria
Evaluation criteria will typically include RFP understanding, demonstrated expertise, relevant experience, availability of the firm’s team, and other factors. Task orders resulting from this contract will be negotiated and executed between the City and the selected firm.

Proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of Hermosa Beach will use the following criteria in its evaluation of proposals, interviews may be required with selected consultants, or verification of references. The categories will be weighted approximately as follows.

Approach and Methods (30%):
• A well thought-out and tailored approach to the technical work that responds to the City’s particular issues and needs.
• Incorporation of innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities.
• Evidence of the team’s ability to work collaboratively with other members of a multi-disciplinary team in a complex and dynamic working environment. • Demonstration of the team’s commitment to accurate and superior work products and services as detailed in the project management project management plan.

Relevant Experience & Expertise (35%):
• Recent experience preparing similar projects or providing similar services for jurisdictions.
• Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements.
• The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project.
• The consultant team’s ability to dedicate a strong project manager that will serve as a single point of contact for the duration of the project. 606
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• The team’s experience and ability to clearly communicate technical concepts and terminology with the community.

Timeframe and Costs (25%):
• Display of responsive timeframe to assign tasks.
• Evidence of the team’s ability to successfully deliver project tasks and deliverables within the identified project budget and minimize cost overruns.

Administration (10%):
• Ability to comply with the timeline contract terms, and billing procedures. • The extent and nature of any proposed amendments to the City’s Professional Services Agreement or insurance requirements.

6. Contract Expectations

6.1 Contract Period
The City anticipates the contract term would begin around April 2023. The City is interested in having the community and business emergency preparedness campaign completed and ready for FEMA’s review and approval within five (5) months from the Notice to Proceed.

6.2 Professional Services Agreement
The selected consultant will be expected to comply with and sign the City’s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 7.1. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City’s Professional Services Agreement.

6.3 Standards of Work
In case of conflicts, ambiguities, discrepancies, errors, or omissions, Consultant shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Consultant prior to clarification by City shall be at Consultant's risk and expense.

6.4 Invoicing and Payment
Each invoice shall contain a progress report describing the work completed during the billing period and shall also include cost information by task regarding: previous work billed to date, work billed during the reporting period, percent of task completed and amount remaining by task.
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Invoices are to be submitted monthly. The invoices shall reference the project title, and list charges by task, worker classification, hours, billing rate, and totals.

Each invoice shall contain a progress report describing the work completed during the billing period and the following summary information:

Contract
Amount
Total Prior
Contract Billings
Contract Work
Performed this
Period
Total Contract
Amount
Performed To
Date
Contract
Percent
Complete
Total Amount
Remaining for the
Contract
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7. Attachments and Required Forms

7.1 Sample Professional Services Agreement

CONTRACT FOR PROFESSIONAL SERVICES TO

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

R E C I T A L S
A. The City desires to .

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 of $ , 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 609
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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.

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 . 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 , 20 , 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.
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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.

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. 611
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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 CONTRACTOR. 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, 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 612
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($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 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.
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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. CONSULTANT agrees to 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 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 614
RFP 23-004 City of Hermosa Beach

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 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: ATTN:

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 615
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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 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 616
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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, 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.

DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’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 Consultant employed by the City. Consultant 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 consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
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City Initials
Consultant Initials
OR
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 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
[MAYOR/CITY MANAGER] By: NAME/TITLE
ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:
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Patrick Donegan, City Attorney

7.2 Required Forms

7.2.1 Certification of Proposal
RFP #:

The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP).

1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.

2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.

3. Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.

4. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal

6. The proposal shall be valid for 90 days from the date of submittal.

7. Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued:

Addendum:

Addendum:

Addendum:

Addendum:
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8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal.

Signature of Authorized Representative:

Printed Name and Title:
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7.2.2 Non-Collusion Affidavit
RFP #:

The undersigned declares states and certifies that:

1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.

2. This proposal is genuine and not collusive or sham.

3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP.

4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract.

5. All statements contained in the Proposal and related documents are true.

6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal.

7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this proposal.

8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

Signature of Authorized Representative:

Printed Name and Title:
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7.2.3 Compliance with Insurance Requirements
RFP #:

The selected consultant will be expected to comply with the City s insurance requirements contained within this RFP.

The undersigned declares states and certifies that:

1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal.

2. If selected, proposer agrees to accept all conditions and requirements as contained therein.

Signature of Authorized Representative:

Printed Name and Title:
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7.2.4 Acknowledgement of Professional Services Agreement RFP #:

The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement.

1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement.

2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:

Signature of Authorized Representative:

Printed Name and Title:
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7.2.5 COVID Vaccination Certification

PLEASE PLACE LETTER ON OFFICIAL COMPANY LETTERHEAD
(Insert Date)
Suja Lowenthal, City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
RE: Mandatory COVID-19 Vaccination for City of Hermosa Beach Consultants Dear Ms. Lowenthal:

Per this letter, (Insert Company Name) certifies that all of its officers, agents, employees, subcontractors, representatives and volunteers servicing the City of Hermosa Beach on-site within the City pursuant to the (Insert Agreement Title) dated (Insert Agreement Date), are or will be fully vaccinated or covered by an approved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement.

Respectfully,
(Insert Name)
(Insert Title)
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HERMOSA BEACH + SIREN
1 / RFP 23-004
City of
Hermosa
Beach

PREPARED BY
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Contents

03. (4.2.1) Cover Letter

06. (4.2.2) Firm Profile

08. (4.2.3) Project Understanding & Approach to Scope of Work

17. (4.2.4) Project Management Plan

21. (4.2.5) Experience & Qualifications

53. (4.2.6) Required Forms
HERMOSA BEACH + SIREN / RFP 23-004
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Veer HERMOSA BEACH + SIREN / Brand Exploratory / Confidential / RFP 23-004 3 (4.2.1)
Cover letter
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Although this letter is penned by me, the co-founder and creative director at SIREN, the pages that follow reflect the effort of our entire team—a team that is highly experienced, award-winning, and passionate about creating thoughtful, informed, and cohesive communication campaigns that drive a greater good.

The notion of a greater good can be hard to conceive of in the context of a disaster. These situations have the potential to instill fear and uncertainty, dividing a population rather than unifying it. Yet the impetus for preparedness is communication. Starting a conversation. Anticipating responses. Putting resources in place.

SIREN, in combination with Two Lynchpin Road, is uniquely positioned to be the best consultant for your request to deliver a comprehensive public education campaign(s) focused on hazards that may impact the residents and businesses of Hermosa Beach, ways to mitigate the impacts, and how to prepare ahead of time.
• We are an unbeatable combination for your initiative, specifically. We have deep experience in creating successful awareness campaigns, and are experts in working on emergency preparedness with major cities and international non-profits.
• We have experience working with and for governments and institutions with a chair at the table, similar to your own.
• We have experience crafting branded communications and collateral for game changers who seek to shift mindsets and behaviors.
• We understand how to navigate complexities and how to position proposals to get buy-in from various constituents.
• Our demonstrated success relies not only on tactical outputs, but also on being good stewards of time, budget, and service.
• We know this issue; we are based on the west coast with most of our team in California.

Confirmed receipt of RFP No. 23-004 and Addendum No. 1
To our friends at Hermosa Beach,
E: [email protected] P: (415) 596-3005
We would be honored to work with you.

Kate Harris
Co-Founder & Creative Director, SIREN SF
Kate Harris
HERMOSA BEACH + SIREN / RFP 23-004
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SIREN is an award-winning design studio that shapes brands, sharpens stories, and brings innovative thinking to a range of clients—from non-profits and start-ups just finding their feet, to massive government agencies and fortune 100 companies with decades of brand history. Our boutique size enables us to attract and nurture top talent versed in big agency strategies and executions, while delivering meaningful, personalized client service. You’ll build close relationships with our leadership and know that the team you’re interacting with are the same people working on your project. Many of our clients employ visions to fundamentally change lives. Others are major thought leaders and brands. With experience across a breadth of industries from fintech to environmental services to AI, we are always interested in new opportunities to collaborate.

Two Lynchpin Road is a disaster preparedness consulting company and a woman-owned Certified Micro Business. We work with communities throughout the United States to help them prepare for, respond to, and recover from disasters. Our focus on community-centered organizations will bring a collaborative and sustainable nature to the development of this project. We believe a prepared community is a resilient community, and we are dedicated to helping your community prepare for and respond to disasters.

Our proven combination results in a blend of experience we feel no one else can bring to the table.

A proven combination with an unbeatable track record in preparedness 629
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Firm profile
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(4.2.2) Firm Profile
Primary Consultant
Legal:

SIREN Creative LLC (DBA SIREN SF)
3323 W. Laurelhurst Drive, NE
Seattle, WA 98105
Primary POC
Kate Harris
640 Davis Street, #51
San Francisco, CA 94111
E: [email protected]
P: (415) 596-3005
Website
SirenSF.com
Ownership
San Francisco based, female-founded and independently owned Limited Liability Company. 10 years in business providing campaign strategy and execution, design and branding services.

Employer ID:
46-3709298
Subconsultant
Legal:

Two Lynchpin Road INC
850 Palou Street
Sonoma, CA 95476
Primary POC
Alicia D. Johnson
850 Palou Street
Sonoma, CA 95476
E: [email protected]
P: (801) 833-4952
Website
twolynchpinroad.com
Ownership
Female-founded and independently owned S-Corporation.

1.5 years providing emergency management consulting services.

Employer ID:
87-2691695
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Project understanding
& approach to scope
of work
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(4.2.3) Statement of Project Understanding
The 21st century hosts a growing set of threats and hazards for communities throughout California, including the City of Hermosa Beach. Safety, security, and trust are integral to building community resilience and responsiveness to
these known challenges. The SIREN team, which includes
emergency management and graphic design expertise,
believes public education strategy and campaign
development can and should make preparedness and
community resilience simple, ubiquitous, and deeply
connected to the Hermosa Beach community ethos.

To develop a comprehensive
community education
campaign to educate
businesses and residents on
the hazards pre-identified in
the Local Hazard Mitigation
Plan (LHMP), as well as ways
to prepare for all hazards,
we will use the following
approach:
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Identify the target
audience needs
We want to meet residents and
businesses where they are in their
preparedness education and
capacity. Our goal is to build trust
and connection with residents as we
communicate about hazards that are
often full of fear.

We will work with city, private, nongovernment, K-12 education and other client-identified stakeholders
to learn about their concerns, needs,
communication habits, interests and
abilities to inform our message and
communication development.

Develop resonate
messages
Once the target audience needs
have been identified, our next step
is to develop a set of messages and
themes that effectively communicate
the hazards, mitigation strategies, and
preparedness measures unique to the
City of Hermosa Beach.

These messages will be clear, concise,
and actionable, with a focus on
educating and building trust with the
target audiences about the specific
hazards, preparedness actions they
can take and opportunities to increase
community resilience.

Select appropriate
communication channels
To ensure the message reaches the
target audience, it is important to select
the most effective communication
channels. Our approach includes a
combination of decades of emergency
management and graphic design
experience enabling a cutting edge and
sustainable approach to preparedness
across coastal communities.

Implement the
program
Once our communications program has
been developed and approved, we will
provide training and resources to help your
team implement and sustain the campaign.

This will include a training session on
how to use and update these materials,
distribution of print materials, launching
social media campaign, launching the
speaker series, and youth educational
materials, as well as other activities to
ensure the message reaches the target
audience.
(4.2.3) Statement of Project Understanding
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(4.2.3) Organizational Chart
*Print and video production partners to be identified once the project is awarded Collaborative and curated teams are the key to the success of every project. Meet the team we’ve built for you.

Kate Harris
Co-Founder +
Creative Director
• Research and strategy lead
• Copy and design oversight
• Campaign ideation
• Presenter
Alicia Johnson
Emergency Management
Outreach Specialist
• Content expert
• Local hazard review and
stakeholder outreach
• Campaign research and
message alignment
• Presenter
Anneliese Hammer
Senior Account Director
• Project Management and QA
oversight
• Relationship and
communication oversight
• Presenter
Jeff Hunt
Senior Design Director
• Design lead (asset
build-out)
• Campaign ideation
• Presenter
Lori Bredel
Senior Copywriter
• Copywriting and
messaging lead
• Copy strategy
• Presenter
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01—Project Blueprint 02—Qualitative & Quantitative Research Our kick-off meeting with project leads helps us uncover insights and understand the core mission. We seek to root ourselves in what is driving this need (in your words), what we need to be considerate of, what inspires you, and what will define success. This set of data becomes our North Star, informing every decision that builds the larger approach.

Facilitated by introductions from you, we will outreach to key stakeholders and resources to understand what is needed from their perspective and how we might leverage their expertise in creating and/or disseminating information.
• City Officials
• Chamber of Commerce
• School Board/Staff/Administrators
• Library
• First Responders
• Community & Neighborhood Organizations
We will additionally look at other community education campaigns —specifically those related to hazard mitigation and disaster management—to draw influence from.
(4.2.3) Approach to Work - DISCOVERY
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(4.2.3) Approach to Work - STRATEGY
03—Overarching Structure and Theme
Considering all of what we learn in the Discovery phase, we will look at the project wholistically and recommend an informed structure to achieve the objectives under a common theme that correlates with the City’s brand.
• For example, it could make sense to launch one campaign with variations in messaging and channels by audience vs. considering the campaigns separately.
04—Campaign Planning
Once we are aligned on strategy, we will propose the components that make up the campaign(s)—outlining the content and distribution channels for each. Our scope allows for up to 2 rounds to accommodate feedback and adjustments as needed.
• 12-month editorial calendar structure and planned deliverables (residents)
• Youth series structure and planned deliverables (residents) • Speaker series structure and planned deliverables (businesses) 637
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(4.2.3) Approach to Work - IMPLEMENTATION
05—Asset Build-Out
The creation of assets that map to the approved strategy and structure will be batch delivered with priority based on client needs and seasonality (e.g., National Preparedness Month). Including concepting, copywriting, design, and revisions, our scope allows for up to 3 rounds to accommodate feedback and adjustments as needed.
• Print materials (e.g., brochure, flyers, posters, activity page) • Social posts and platform versioning - includes animations • Website landing page - includes animations
• E-newsletter
• Out-of-home (e.g., banner/billboard)
• Hard materials (e.g., kit, “swag”)
• Video script/storyboard/production
• Public Service Announcement
• Once the assets are approved, SIREN will prepare final design files for print production and/or implementation. As we do not yet know the specifics of these items in terms of depth/breadth and quantity (to be defined as part of the structure), outside costs for production and placement are ballpark as represented in our scope. 06—Stakeholder Presentations
07—Report Build-Out
The SIREN team will participate in up to 3 total meetings with stakeholders including the Hermosa Beach City School District and Chamber of Commerce. The purpose of these meetings will be to inform and train the audience on the assets/materials developed and available for their use.

A final report that is editable and downloadable—encompassing the elements above—will be our last design deliverable once all approvals are in place. Our scope allows for up to 1 round of minor feedback if needed.

NOTE: Direct costs that are not included in the scope of this proposal include print production and travel. As identified, until we can understand and define certain project nuances, we are unable to assign specific amounts to these buckets - it will be based on the chosen concepts. Production costs would reflect SIREN’s wholesale discount and the City would pay the vendor directly. Travel costs may be reduced or eliminated completely at client's discretion (contractor can facilitate virtual meetings). 638
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(4.2.3) ADDITIONAL SERVICES
Expertise in Experiential
Concepting and creating experiential events, including visual installments, is a capability of ours that we feel could resonate well given this topic. (E.g., designing an exhibition at the Hermosa Beach branch of the LA County Library). These types of events and exhibitions can be especially effective in connecting the community— across age and socioeconomic demographics—with a “for all” approach.

Experiential also includes digital experience, like how the City of Hermosa beach shows up in its social channels and online.

Development
Process Support
We also have the ability to provide support via digital development (e.g., landing page or website) on a number of platforms, including WordPress and Webflow.

Our team is also available to assist with the FEMA approval process.

Our subject matter expertise on federal grant management and public information and education support can provide insight, collaboration, and presentation support.
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(4.2.3) Roles And Responsibilities For City Staff
+
We don't work like your teammate, we ARE your teammate
It is our expectation that the City of Hermosa Beach clearly identifies its points of contact for this project. Defining who should be included on written communications, who should be involved with presentations, and who will contribute to feedback. We recommend keeping this group tight to maintain an efficient and streamlined project flow.

We additionally ask that these individuals make themselves readily available (with reasonable notice) for meetings, respond to communications in a timely manner, dedicate ample time for reviews, and facilitate warm introductions between SIREN and key constituents within the community.

It is assumed that the City of Hermosa Beach will lead the FEMA review and approval process, unless support is requested of the SIREN team. 640
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Project management
plan
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Project Blueprint
Kick-off Meeting:
- SIREN/Project Leads
(4.2.4) Project Schedule
Project Awarded
Project Blueprint
Qualitative &
Quantitative Research
Overarching Structure &
Theme/Campaign Planning
FEMA Review & Approval
Project Awarded
Notice to Proceed
Overarching Structure & Theme
Campaign Planning
Content & Distribution Channels
12 Mo. Editorial Calendar Structure
Youth Series Structure
Speaker Series Structure
Qualitative & Quantitative Research
Stakeholder & Resource Outreach:
- City Officials
- Chamber of Commerce
- School Board/Staff/Admins
- Library
- First Responders
- Community & Neighborhood Orgs.
"Competitive" Review
Asset Build
Print Materials
Social Posts
Website Landing Page
E-newsletter
Out-of-home
Hard Materials
Video Script/Storyboard/Production
Public Service Announcement
24 Week of:
01 08 15 22 29 05 12 19 26 03 10 17 24 31 07 14 21 28 04 11 18 25 02 09 16 23 30 06 13 20 27 04 11 18 April May June July August September October November December Asset Build
Full Launch: January 2024
Report Build &
Print Production
Stakeholder Presentations
Report Build & Print Production
*Opportunity to prioritize specific deliverables for September National Preparedness Month with advanced planning. (Soft launch Youth and/or Speaker Series.) FEMA Review & Approval
City-led; Timing TBD
Stakeholder Presentations
Material Training
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(4.2.4) Communications Approach
SIREN will provide one project manager designated to meet virtually with the City of Hermosa Beach every two weeks, or as needed. These bi-weekly meetings will provide an opportunity share progress, observations from interviews, review deliverables, and seek feedback to ensure efficient and comprehensive project completion.
� Communications
Approach
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All project direction is given by SIREN’s Creative Director and Account Director based on client’s inputs (verbal and/or written) which are documented for reference. Internal check-ins are part of our process to ensure that deliverables are on track with timing and scope, considered from the standpoints of cohesion and consistency and aligning with feedback. Each round of deliverables —including, but not limited to, final files—is proofed and presented to client allowing an opportunity for additional QA review. �
(4.2.4) Quality Assurance / Quality Control Approach
Quality Assurance/
Quality Control
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Experience &
qualifications
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City of San Francisco
Contracting Agency: Department of Emergency Management
Year: 2014
Project Description:

Charged with the duty of changing to a culture of preparedness—San Francisco Office of Emergency Management set out to create and instill ubiquitous preparedness, throughout a community of over one million people.

A widely celebrated emergency preparedness campaign. "Connection.

Not Catastrophe". This was the overarching campaign idea from which we developed a campaign oriented towards connecting the large and varied community of San Francisco.

We needed to be mindful of accessibility, languages spoken and meeting citizens where they were. The result was a multi-pronged campaign including printable piece with various interachangeable inserts (translated and printed in 7 languages), a landing page, community contact cards to share with a neighbor, a video and wild postings to increase reminders to prepare.

Key Personnel: Kate Harris, Jeff Hunt, Alicia Johnson, Lori Bredel Contract Value: $250,000
(4.2.5) Summary of Relevant Projects
Chemical Stockpile Emergency Preparedness Program
(CSEPP)
Contracting Agency: FEMA Headquarters - Washington D.C.

Year: 2021-Present
Project Description:

In partnership with FEMA, the Chemical Stockpile Emergency Preparedness Program (CSEPP), enables communities located near U.S.

Army chemical warfare agent stockpile sites to protect their residents by strengthening their ability to prepare for, respond to and recover from a chemical emergency.

We support CSEP Program with consistent Public Affairs and Strategic Communications support, including:
• Interface between Local, State, Federal, and Department of Defense stakeholders to build preparedness capacities across two Stockpile sites
• Evaluate and train Public Information Officers and Public Affairs support across the program
• Coordinate implementation of Marketing and Public Preparedness Campaigns across Site footprint
Key Personnel: Alicia Johnson
Contract Value: $250,000+
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City of Piedmont
Contracting Agency: City of Piedmont Fire Department
Year: 2022
Project Description:

The City of Piedmont California partnered with our team to develop a ‘Know Your Zone’ Public Affairs campaign customized for the population of Piedmont and their media preferences. The campaign included a presentation deck and script deliverable by key community stakeholders, an essay publishable in a community newspaper or community club newsletters, and shareable graphics for community gatherings and in other media locations.

This project began with a deep interview process with community stakeholders including those from marginalized groups across the community. This interview process informed the overall public education strategy and the creation of deliverables to be customized to the community's needs, desires, and capacity. Because the process was centralized in the community’s needs our work was easily sharable and leveraged immediately by the community upon the completion of the project.

Key Personnel: Alicia Johnson
Contract Value: $65,000
(4.2.5) Summary of Relevant Projects
Destination Tiburon
Contracting Agency: Tiburon Tourism Board
Year: 2017
Project Description:

The city of Tiburon is often seen as a brunch and booze town, the little cousin to San Francisco across the bay. Tiburon was aiming to turn the opinion towards an overnight getaway destination. The campaign goal was "Heads in Beds". How do we attract people to come to Tiburon and enjoy more of the hotels, restaurants, and businesses?
After our research, we identified the immediate missed opportunity was attracting the myriad tech companies over for corporate offsites aimed at team building. This market was large and untapped.

SIREN developed a multi-faceted campaign to showcase itineraries, and "only available in Tiburon" experiences for team building, a corporate planner outreach strategy, print campaign and event marketing campaign.

Key Personnel: Kate Harris, Jeff Hunt, Lori Bredel
Contract Value: $75,000
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(4.2.5) Summary of Relevant Projects
Loma Prieta Earthquake 25th Awareness
Contracting Agency: Department of Emergency Management
Year: 2014
Project Description:

The 25th anniversary of one of the biggest earthquakes in San Francisco sparked the campaign to create awareness around emergency preparedness. This multi-faceted, experiential event served as a way to commemorate the brave first responders who protected the city, as well as educate the community through fun activities and "passports" through a live event on the Embarcadero.

Key Personnel: Kate Harris, Jeff Hunt, Lori Bredel
Contract Value: $26,000
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(4.2.5) Summary of Relevant Projects
The Challenge:

San Francisco Office of Emergency Management
set out to connect a community of over one million
people to support one another in an emergency.

The Solution:

Leaning into "Connection, Not Catastrophe" helped
gel a community around preparedness education in
a non fear-based way. The idea behind the campaign
and identity "SF72" is that a citizen must prepare to
support themselves for 72 hours in San Francisco.

Having simple, effective ways that fit into their daily lives makes preparedness more attainable and
actionable.

City of San Francisco
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A visual system was developed, comprised of a confident, vibrant color palette, and pattern. It is intended to activate the community, not to create fear.

One of the insights was to create an infinitely editable print piece that people could paste on their fridge or share with a neighbor. These inserts allowed for editing parts of the kit without tossing "the whole". This was printed in 7 languages. 651
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Alongside the roll-out of the brand toolkit—we worked with the Department of Emergency Management to fine tune
messaging, create out of home and digital awareness and hand off a fully actionable tool kit the city could use again and again.
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(4.2.5) Summary of Relevant Projects
The Challenge:

The New Lunchroom exhibition showed at Mission
High School in San Francisco. In partnership with
IDEO, the purpose of the exhibit was to display
dense and complicated research around waste in
the current lunchroom landscape.

The Solution:

Using hand drawn type, rough illustrations, and
beautiful photographic portraiture, we designed
and constructed an immersive experience that felt
both inclusive and exciting. Data was digestable
and resontated with the school district to insight
change.

The New Lunchroom
San Francisco Schools
(relevant due to Hermosa's
desired Youth Awareness Program)
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The event invited local teachers to interact with a board.

The event was designed with kraft paper to emulate a
school lunch sack.
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657
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(4.2.5) Summary of Relevant Projects
The Challenge:

The city of Tiburon needed to increase "heads in
beds" and tasked SIREN with identifying how to market
to a new corporate audience to change perceptions
and achieve this goal. They wanted people to
experience a new kind of inspired corporate offsite,
outside of the board room.

The Solution:

The message? "How can you think outside the box
when you’re stuck in one all day?" We positioned
Tiburon as the destination for corporate event
planners looking to go beyond simply booking meeting
rooms and instead provide an experience which is
exponentially more impactful for corporate offsites.

Starting with our out of the box marketing collateral.

City of Tiburon
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To break out of the boring, ubiquitous glossy Brochure cycle, SIREN created a House of Cards designed to create a oneof-a-kind experience each time it’s built. It is as unique as the destination itself. The meeting planners are invited to “build” their own meeting experience by taking various cards and building them together.
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SIREN created a visually arresting Magazine of Whitepapers that feels both authoritative and informative. It communicates the symbiotic relationship between the outdoors and creative thinking.
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(4.2.5) Summary of Relevant Projects
The Challenge:

Commemorate the Loma Prieta Earthquake and
use it as a catalyst for emergency preparedness.

Most citizens will take action immediately after an
event when it is too late. This was an organic way to
educate, in person, and spark action.

The Solution:

We created a bold and exciting event in the city
which "gamified" preparedness education. Similar
to a scavenger hunt, users were invited to grab
an "LP25 Passport" and stamp their way through
activities and training. Combined with speakers and
collateral, this event helped amplify the message.

Loma Prieta
Earthquake 25th
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Alongside the roll-out of the brand toolkit—we worked with the Commerce team to develop an exhaustive set of deliverables including a revamped website, print collateral, wayfinding signage and out-of-home advertising.
668
The event was set-up as a scavenger
hunt, where people would stamp a
passport and go station to station for
interactive learning and fun.
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(4.2.5) References SIREN/Alicia Johnson
Nikesha Kersey
Chemical Stockpile Emergency Preparedness Program (CSEPP) Emergency Management Specialist
E: [email protected]
P: (202) 374-9997
Role: Public Affairs Support
Dates: 2021 - present
Dave Brannigan
City of Piedmont Fire Department
Fire Chief
E: [email protected]
P: 510-420-3038
Role: Public Affairs Support
Dates: 2022
David Reid
Santa Cruz County
Director, Office of Response, Recovery, and Resilience
E: [email protected]
P: (831) 454-3407
Role: Plan creation; After-Action Report
Dates: 2022 - present
Scott Ferguson
Aptitude Labs (Covid testing sites)
PhD | CEO | Aptitude Medical Systems Inc.

E: [email protected]
P: 415.233.4290
Role: Brand ideation, collateral, and website
Dates: 2022
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(4.2.5) Experience/Qualifications of Key Personnel
Kate Harris
Co-Founder & Creative Director
BA - Marketing, Business
University of Washington, Seattle, WA
Continued Edu - Graphic Design, Fine Art
California College of the Arts, San Francisco, CA
Member of AIGA (American Institute of Graphic Arts)
Fast Company 2022 Award Winner for Brand Identity - Planet FWD Summary of Experience: Kate is a co-founder and Creative Director of SIREN, where she oversees all creative coming through the agency's doors. Kate has concepted and developed numerous high-profile campaigns for a variety of clients, including PayPal, Rock Health, TechCrunch, WIRED Magazine, The Red Cross, the City of San Francisco, and UCLA.

Kate excels in the creation and implementation of corporate identity, branding, and conceptual design. She is known for her distinctive art direction.

Relevant Experience:

SIREN—design for Loma Prieta Anniversary identity / design for the city of Tiburon campaign / design for SF72 (city of San Francisco Emergency Preparedness)
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(4.2.5) Experience/Qualifications of Key Personnel
Alicia Johnson
Emergency Management Specialist/Subject Matter Expert
BA - Communications & Political Science
University of Colorado, Colorado Springs, CO
MPA - Public Administration
University of Colorado, Denver, CO
Homeland Emergency Exercise Program (HSEEP) Evaluator Certification Micro Small Business Certified
Summary of Experience: Alicia is a highly accomplished emergency manager with nearly 20 years of experience in the public sector. She has responded to several disasters and large-scale events, including Hurricane Sandy, Super Bowl 50, the 2017 Sonoma County Fires, and COVID-19. She regularly served as an Emergency Operations Center Manager and has held numerous positions within Incident Command Teams. Most recently, Alicia served as Director of Emergency Management for the University of California - Berkeley. She was responsible for all aspects of emergency management, including planning, training, exercises, response, and recovery for 75,000 students, staff, and faculty.

Relevant Experience: Alicia has a demonstrated track record of success in risk communications and public affairs. Her experience and clients span local, state, federal, and non-profit partners in disaster management and strategic communications. Her work with similar-sized communities has resulted in stronger community relationships, more effective disaster response, and more robust disaster recovery. She supports the Chemical Stockpile Emergency Preparedness Program (CSEPP) with all public affairs closeout program support. Currently, she holds emergency management contracts with communities throughout California and the Western United States. 673
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Jeff Hunt
Senior Design Director
BFA (with honors)
California College of the Arts, San Francisco, CA
Member of AIGA (American Institute of Graphic Arts)
Fast Company 2022 Award Winner for Brand Identity - Planet FWD Summary of Experience: An accomplished designer, illustrator, and art director, Jeff comes with over 10 years of industry experience designing for, and building brands with studios like Red Antler, Tomorrow Partners, and Morla Design. Having spent time in-house with real estate industry disrupters Compass and Jazz at Lincoln Center, Jeff brings a unique understanding of scaling design systems both internally and from the outside looking in.

Relevant Experience:

SIREN—design for Loma Prieta Anniversary identity / design for the city of Tiburon campaign Tomorrow Partners—design research and design for The City of San Francisco small business portal / design for website redesign for Stanford University (4.2.5) Experience/Qualifications of Key Personnel
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(4.2.5) Experience/Qualifications of Key Personnel
Anneliese Hammer
Senior Account Director/Project Manager
BA - English Writing
Saint Mary’s College, Notre Dame, IN
Summary of Experience: Anneliese has keen attention to detail. She brings experience in team leadership, strategy and planning, project management, writing, and the ability to build and maintain strong client relationships. Her can-do attitude and desire for good work translate to her standing as a trusted resource for both clients and internal team members. Anneliese is able to navigate complicated projects and campaigns that require heavy client communication and interaction, great organization, forward thinking, and the ability to keep internal staff engaged and on task.

Relevant Experience: Anneliese has worked on and led marketing communication activities and campaigns across a breadth of sectors from fintech to consumables to healthcare. Her experience orchestrating the launch of Whirlpool’s Zera Food Recycler on the crowdfunding platform Indiegogo required intensive management of agency, client, and partner teams, backend content coordination, and appropriately timed lifecycle communications via supporting tactics and channels to reach multiple audiences. Her work as Account Director for Stryker (Surgical) Instruments included many robust product launches each targeting between 5-7 unique audiences with materials specifically developed for training and presentations. 675
HERMOSA BEACH + SIREN / RFP 23-004 52
Lori Bredel
Senior Copywriter/Copy Strategist
BA – English
Wake Forest University, Winston-Salem, NC
Summary of Experience: Lori brings extensive experience in concept development and copywriting for a variety of media including print, social, websites, radio, and outdoor. She masters the craft of listening to understand, digging deep and applying key takeaways to define an appropriate objective, voice and tone principles, and foundational and/or tactic-specific messaging.

Relevant Experience: Destination Tiburon Tourism Campaign, Education (4.2.5) Experience/Qualifications of Key Personnel
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Veer HERMOSA BEACH + SIREN / Brand Exploratory / Confidential / RFP 23-004 53 (4.2.6)
Required forms
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7. Attachments and Required Forms

7.1 Sample Professional Services Agreement

CONTRACT FOR PROFESSIONAL SERVICES TO

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

R E C I T A L S
A. The City desires to .

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 of $ , 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 678
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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.

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 . 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 , 20 , 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.
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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.

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. 680
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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 CONTRACTOR. 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, 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 681
RFP 23-004 City of Hermosa Beach

($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 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.
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RFP 23-004 City of Hermosa Beach

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. CONSULTANT agrees to 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 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 683
RFP 23-004 City of Hermosa Beach

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 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: ATTN:

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 684
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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 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 685
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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, 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.

DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’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 Consultant employed by the City. Consultant 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 consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
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City Initials
Consultant Initials
OR
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 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
[MAYOR/CITY MANAGER] By: NAME/TITLE
ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:
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Patrick Donegan, City Attorney

7.2 Required Forms

7.2.1 Certification of Proposal
RFP #:

The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP).

1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.

2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.

3. Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.

4. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal

6. The proposal shall be valid for 90 days from the date of submittal.

7. Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued:

Addendum:

Addendum:

Addendum:

Addendum:
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8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal.

Signature of Authorized Representative:

Printed Name and Title:
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7.2.2 Non-Collusion Affidavit
RFP #:

The undersigned declares states and certifies that:

1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.

2. This proposal is genuine and not collusive or sham.

3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP.

4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract.

5. All statements contained in the Proposal and related documents are true.

6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal.

7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this proposal.

8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

Signature of Authorized Representative:

Printed Name and Title:
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7.2.3 Compliance with Insurance Requirements
RFP #:

The selected consultant will be expected to comply with the City s insurance requirements contained within this RFP.

The undersigned declares states and certifies that:

1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal.

2. If selected, proposer agrees to accept all conditions and requirements as contained therein.

Signature of Authorized Representative:

Printed Name and Title:
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7.2.4 Acknowledgement of Professional Services Agreement RFP #:

The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement.

1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement.

2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:

Signature of Authorized Representative:

Printed Name and Title:
692

7.2.5 COVID Vaccination Certification

04.06.23 Suja Lowenthal, City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
RE: Mandatory COVID-19 Vaccination for City of Hermosa Beach Consultants Dear Ms. Lowenthal:

Per this letter, SIREN Creative, LLC certifies that all of its officers, agents, employees, subcontractors, representatives and volunteers servicing the City of Hermosa Beach on-site within the City pursuant to the RFP 23-004 dated 04.06.23, are or will be fully vaccinated or covered by an approved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement.

Respectfully,
Kate Harris
Co-Founder, Creative Director
415.596.3005 / 640 Davis Street, #51 San Francisco, CA 94111 / SirenSF.com 693
COMMERCE VENTURES | BRAND EXPLORATORY | CONFIDENTIAL 54 SIREN
[email protected]
1 (415) 596–3005
640 Davis Street, No. 51
San Francisco, CA 94111
694
SIREN Cost Proposal
Hours
Per Task
Blended
Hourly Rate
Total
Cost
Key
Personnel

DISCOVERY PHASE
Project Blueprint 17 $200 $3,400 CD, AD, DD,
Copy, EMS
● Preparation and scheduling (6 hours)
● Meeting (7.5 hours)
● Post summary/notes (3.5 hours)
Qualitative & Quantitative Research 41 $150 $6,150 EMS
● Stakeholder & Resource Outreach:
○ Preparation and scheduling (15 hours)
○ Interviews - up to 10 (10 hours)
○ Synthesizing interview data (10 hours)
● "Competitive" review (6 hours)

STRATEGY PHASE
Overarching Structure & Theme 20 $200 $4,000 CD, AD,
EMS
Campaign Planning (up to 2 rounds) 178 $200 $35,600 CD, AD, EMS
● Identify content and distribution channels (18 hours) ● 12-month editorial calendar structure and planned deliverables (60 hours) ● Youth series structure and planned deliverables (60 hours) ● Speaker series structure and planned deliverables (40 hours)

IMPLEMENTATION PHASE
Asset Build-out (up to 3 rounds) 400 $225 $90,000 CD, AD, DD, Copy, EMS
Concepting, copywriting, design, proofing, and presentations of:
● Print materials (e.g., brochure, flyers, posters, activity page) (150 hours) ● Social posts and platform versioning - includes animations (40 hours) ● Website landing page - includes animations (45 hours) ● E-newsletter (20 hours)
● Out-of-home (e.g., banner/billboard) (25 hours)
● Hard materials (e.g., kit, “swag”) (35 hours)
● Video script/storyboard/production (65 hours)
● Public Service Announcement (20 hours)
Stakeholder Presentations 9 $200 $1,800 CD, EMS
695
● Preparation and scheduling (3 hours)
● Informative and training presentations - up to 3 (6 hours) Report Build-out (up to 1 round) 50 $225 $11,250 CD, AD, DD, Copy, EMS
● Copywriting, design, and proofing (50 hours)

UMBRELLA BUDGET BUCKET
Project Management 8 hours/
month
$200 $12,800 AD
Travel Not to
exceed
$5,000
Print Production Not to
exceed
$10,000
GRAND TOTAL 779 Not to
exceed
$180,000
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City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

CONTRACT FOR PROFESSIONAL SERVICES TO CREATE A RESIDENT AND BUSINESS MITIGATION

EDUCATION PROGRAM BETWEEN THE CITY OF HERMOSA BEACH AND SIREN CREATIVE LLC (DBA

SIREN SF)
This AGREEMENT is entered into this 25 day of April, 2023, by and between the City of Hermosa Beach, a general law city a municipal corporation (“CITY”) and SIREN CREATIVE LLC (DBA SIREN SF), a limited liability company (“CONSULTANT”).

R E C I T A L S
A. The CITY desires to create a Resident and Business Mitigation Education Program.

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 $180,000, 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 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.

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 697
City of Hermosa Beach

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 B”.

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 Anneliese Hammer. 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 April 25, 2024, 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 the 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.

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.
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INDEMNIFICATION. CONSULTANT 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 attorney’s fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT'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 CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered 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 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 CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is 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, 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 699
City of Hermosa Beach

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 subconsultants 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 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 subconsultants. 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 700
City of Hermosa Beach

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.

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, 701
City of Hermosa Beach

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 by the CITY for any defect or error in the work prepared by the CONSULTANT, its employees, subconsultants 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 performed 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: Israel Estrada
Emergency Management
Coordinator
SIREN Creative LLC
(DBA Siren SF)
3323 West Laurelhurst Drive, NE
Seattle, WA 98105
ATTN: Kate Harris
Co-Founder and Creative
Director
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 it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’S bona fide employee, any fee, 702
City of Hermosa Beach

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 Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement 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 attorney’s fees and costs in addition to all other relief to which that party or those parties may be entitled. 703
City of Hermosa Beach

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.

DISCLOSURE REQUIRED. (CITY and CONSULTANT initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONSULTANT hereby acknowledge that CONSULTANT is a “consultant” for the purposes of the California Political Reform Act because CONSULTANT’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 CONSULTANT employed by the CITY. CONSULTANT hereby acknowledges his or her assuming-office, annual, and leavingoffice 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 consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of CONSULTANT’S disclosure obligations in accordance with the City’s Conflict of Interest Code.

CITY Initials ______
CONSULTANT Initials ______
OR
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 vaccinated from COVID19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing. 704
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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES REQUIREMENTS:

A. Suspension and Debarment of Contractors;
B. FEMA and CalOES are not parties to the contract and not subject to obligations or liabilities.

C. The Contractor acknowledges that 31 U.S.C. CHAP. 39 applies to its actions; D. FEMA will fund the contract and that FEMA and CalOES have the right to review the contractors records; and
E. The Contractor will comply with Federal law, regulation, Executive Orders, and FEMA policies, procedures, and directives.

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

CITY OF HERMOSA BEACH CONSULTANT
Raymond Jackson, Mayor By: Kate Harris, Co-Founder and Creative Director
ATTEST:
46-3709298
Myra Maravilla, City Clerk Employer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney
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City of Hermosa Beach

Exhibit A
Scope of Work
The Scope of Work shall include, but not be limited to the following tasks.

Consultant will develop a Hermosa Beach branded comprehensive community education campaign to educate the community about hazards identified in the local hazard mitigation plan that may impact the community and how both residents and businesses can implement mitigation strategies to prevent injury and death as a result of the exposure to the disaster.

Task 1 – Resident Emergency Preparedness Campaign
a. Develop a whole community emergency preparedness education campaign including mitigation, preparedness, response, and recovery techniques that can be presented at public meetings of governing bodies, volunteer group meetings such as Neighborhood Watch and Community Emergency Response Team, and to various community organizations encouraging residents to implement self-preparedness in order to increase community resiliency.
b. Develop a branded 12-month editorial calendar with content that includes, but is not limited to, social media, banners, website, flyers, brochures, activity pages, and materials such as emergency kits, flashlights, earthquake straps, etcetera to be reinforced with a speaker series.
c. Develop a children’s series that includes a presentation to the Hermosa Beach City School District, activity pages, social media, e-newsletter and website content that may be used by the Hermosa Beach City School District.

All task deliverables shall follow the City’s Branding and Style Guidelines and shall include: social media posts and graphics for Facebook, Twitter, and Instagram; website content; brochures (printable and downloadable); children’s activity pages; video shorts; and public service announcements. Content must adhere to relevant Americans with Disabilities Act guidelines and be accessible to all members of the community.

Task 2- Business Community Emergency Preparedness Campaign a. Develop a comprehensive business community emergency preparedness education campaign including mitigation, preparedness, response, and recovery techniques that focus on business capabilities to mitigate disaster impacts and enhance business recovery including step-by-step materials that businesses could use to implement the full program. b. Develop a speaker series partnering with local community stakeholders to reinforce concepts including workshops where attendees (both residents and businesses) leave with completed components of the campaign.

Present information i.e. marketing collateral materials, websites, links, etcetera to attendees at the Chamber of Commerce’s monthly meetings.

All task deliverables shall follow the City’s Branding and Style Guidelines and shall include: social media posts and graphics for Facebook, Twitter, and Instagram; website content; brochures (printable and downloadable); scripts; video shorts; and Public Service Announcements. Content must adhere to relevant Americans with Disabilities Act guidelines and be accessible to all members of the community.
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Task 3- Report
Provide a report that includes all branded aspects of the education program for residents, businesses, and children to the City in a format that can be downloaded and easily shared with the community. Materials should be editable so that they can easily be updated with any changes in information.
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Exhibit B
Fee Schedule
Hours
Per
Task
Blende
d Hourly
Rate
Total
Cost
Key
Personnel

DISCOVERY PHASE
Project Blueprint 17 $200 $3,400 CD, AD,
DD, Copy,
EMS
Preparation and scheduling (6 hours)
Meeting (7.5 hours)
Post summary/notes (3.5 hours)
Qualitative & Quantitative
Research
41 $150 $6,150 EMS
Stakeholder & Resource Outreach:

Preparation and scheduling (15 hours)
Interviews - up to 10 (10 hours)
Synthesizing interview data (10 hours)
"Competitive" review (6 hours)

STRATEGY PHASE
Overarching Structure & Theme 20 $200 $4,000 CD,
AD,
EMS
Campaign Planning (up to 2
rounds)
178 $200 $35,600 CD,
AD,
EMS
Identify content and distribution channels (18 hours)
12-month editorial calendar structure and planned deliverables (60 hours) Youth series structure and planned deliverables (60 hours) Speaker series structure and planned deliverables (40 hours)

IMPLEMENTATION PHASE
Asset Build-out (up to 3 rounds) 400 $225 $90,000 CD, AD, DD, Copy,
EMS
Concepting, copywriting, design, proofing, and presentations of:

Print materials (e.g., brochure, flyers, posters, activity page) (150 hours) Social posts and platform versioning - includes animations (40 hours) Website landing page - includes animations (45 hours)
E-newsletter (20 hours)
Out-of-home (e.g., banner/billboard) (25 hours)
Hard materials (e.g., kit, “swag”) (35 hours)
Video script/storyboard/production (65 hours)
Public Service Announcement (20 hours)
Stakeholder Presentations 9 $200 $1,800 CD, EMS
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Preparation and scheduling (3 hours)
Informative and training presentations - up to 3 (6 hours) Report Build-out (up to 1 round) 50 $225 $11,250 CD, AD, DD, Copy,
EMS
Copywriting, design, and proofing (50 hours)

UMBRELLA BUDGET BUCKET
Project Management 8 hrs/
month
$200 $12,800 AD
Travel Not to
exceed
$5,000
Print Production Not to
exceed
$10,000
GRAND TOTAL 779 Not to
exceed
$180,000
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0209
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023
AWARD OF CONSTRUCTION CONTRACT FOR CIP 195 CITY SIDEWALK IMPROVEMENTS AND CIP 760 TREE WELL GRATES
TO GENTRY GENERAL ENGINEERING, INC.
(Public Works Director Joe SanClemente)
Recommended Action:

Staff recommends City Council:

1. Award a construction contract for sidewalk, curb ramps, ADA improvements, and tree well grates to Gentry General Engineering, Inc. in the amount of $194,031 (Attachment 4);

2. Appropriate additional funds from the Capital Improvement Fund in the amount of $45,580 to CIP 195 City Sidewalk Improvements;

3. Authorize the Director of Public Works to establish a project contingency amount of $40,000 and approve contract change orders up to the amount of the approved contract contingency;

4. Adopt the attached resolution entitled "A Resolution of The City Council of the City of Hermosa Beach Approving the Construction of CIP 195 City Sidewalk Improvements & CIP 760 Tree Well Grates Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account” (Attachment 3);

5. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and

6. Authorize the Director of Public Works to file a Notice of Completion following final completion of the project.

Executive Summary:

Capital Improvement Program (CIP) Projects 195 City Sidewalk Improvements and 760 Tree Well Grates provide sidewalk rehabilitation improvements to meet the American with Disability Act (ADA) standards and tree well grate installation at various locations as shown on the map provided as Attachment 5. Staff received construction bids for the combined projects and recommends City Council award a construction contract to the lowest responsible and responsive bidder, Gentry General Engineering, Inc.

Due to recent increases in actual construction costs, staff also recommends appropriation of additional funds from the Capital Improvement Fund to cover the low bid amount of $194,031 and the requested $40,000 construction contingency to cover any unforeseen conditions. The cost increase City of Hermosa Beach Page 1 of 5 Printed on 3/25/2024
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Staff Report
REPORT 23-0209
requested $40,000 construction contingency to cover any unforeseen conditions. The cost increase was primarily a result of higher than anticipated costs for metal tree grates, which are being added along Hermosa Avenue between 10th Street and 14th Street to reduce trip hazards along the sidewalk.

Background:

The FY 2022-2023 Capital Improvement Program includes CIP 195 City Sidewalk Improvements and CIP 760 Tree Well Grates which have been combined into a single construction project. The scope of work includes, but is not limited to, removing and replacing sidewalk, removing non-ADA compliant curb ramps and replacing with ADA compliant curb ramps, sidewalk grinding, tree replacement, and installation of tree well grates on Hermosa Avenue between 10th Street and 14th Street, where no grates are provided today, to reduce potential trip hazards along the sidewalk. As part of this project, the City would modify 21 metal tree grates that were previously purchased by the City and have been in storage, and purchase an additional 12 new matching grates so that that all tree wells along this segment of Hermosa Avenue are consistent. The design for this project was prepared in-house by City staff thereby saving approximately $50,000 in design fees and allowing those funds to be utilized for construction. However, staff did need to retain the professional services of a qualified arborist and biologist to assess the conditions and habitat of the existing trees along Valley Drive prior to their removal. Sidewalks for this project were selected based on the City’s sidewalk condition rating report and public requests.

Analysis:

On March 9, 2023, the City advertised the combined project for formal competitive bid in the local newspaper and on Planet Bids, the City’s electronic bidding platform. On March 30, 2023, the City received three bids, which were opened and read aloud by the City Clerk (Attachment 1). The bid results are summarized below.

Bidders Amount
Gentry General Engineering, Inc. $194,031.00
Addison-Miller Inc. $243,030.00
CT&T Concrete Paving, Inc. $348,406.60
Staff reviewed the bid documents and found the low bidder, Gentry General Engineering, Inc. (Gentry), to be a responsible and responsive bidder. The unit pricing for the low bid was generally consistent with the engineer’s estimate with the exception of the modification, and purchase of new metal grates which was higher than anticipated, but not unreasonable in comparison to other unit pricing received in the other bids. Staff recommends proceeding with the installation of the tree grates so that they can be removed from storage in the City Yard and utilized along Hermosa Avenue to enhance safety.

Staff confirmed Gentry’s contractor license is active and in good standing with the Contractor’s State City of Hermosa Beach Page 2 of 5 Printed on 3/25/2024
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Staff Report
REPORT 23-0209
Staff confirmed Gentry’s contractor license is active and in good standing with the Contractor’s State License Board. Staff contacted references and confirmed competency through completion of recent projects of similar type of work within the past five years.

Gentry completed sidewalk construction projects for the City of El Monte, City of Rancho Cucamonga, City of El Segundo, and City of Torrance in 2022. The referenced cities reported highly satisfactory work and willingness to work with Gentry again. Gentry has also performed prior work in the City of Hermosa Beach in 2019 for 8th Street Improvements and is currently constructing ADA access ramps as part of the combined CIP 601, 606, and 698 project where their work has been very satisfactory. Overall, staff finds the low bidder to be a qualified contractor to complete the proposed work for the project and recommends City Council award the construction contract (Attachment 4) to Gentry General Engineering, Inc.

If approved, staff would provide construction management and inspections services for the project due to the limited scope of work. Staff anticipates construction to start as soon as May 2023, with an anticipated completion date in June 2023.

ADA Self-Evaluation and Transition Plan Consistency
The project is consistent with the goals of the adopted 2022 ADA Self-Evaluation and Transition Plan as it advances the construction of improvements that remove physical barriers and facilitate access for all individuals.

Environmental Analysis
The Project is exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 (Existing Facilities). The proposed work is a minor alteration of existing public structures or facilities involving negligible or no expansion of existing use. No exceptions to the CEQA exemption apply.

General Plan Consistency:

The report and associated recommendation have been evaluated for their consistency with PLAN Hermosa, the City’s General Plan. Relevant Policies are listed below:

Mobility Element
Goal 3. Public rights-of-way supporting a multimodal and people-oriented transportation system that provides diversity and flexibility on how users choose to be mobile.

Policies:
· 3.1 Enhance public rights-of-way. Where right-of-way clearance allows, enhance public right of ways to improve connectivity for pedestrians, bicyclists, disabled persons, and public transit stops.
· 3.2 Complete pedestrian network. Prioritize investment in designated priority sidewalks to ensure a complete network of sidewalks and pedestrian-friendly amenities that enhances City of Hermosa Beach Page 3 of 5 Printed on 3/25/2024
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Staff Report
REPORT 23-0209
ensure a complete network of sidewalks and pedestrian-friendly amenities that enhances pedestrian safety, access opportunities and connectivity to destinations. · 3.10 Require ADA standards. Require that all public rights-of-way be designed per Americans with Disabilities Act (ADA) standards by incorporating crosswalks, curb ramps, pedestrian signals, and other components to provide ease of access for disabled persons.

Infrastructure Element
Goal 2. Roadway infrastructure maintenance supports convenient, attractive, and complete streets and associated amenities.

Policy:
· 2.4 Sidewalk Improvements. Consider innovative funding strategies, such as cost-sharing, ADA accessibility grants, or sidewalk dedications, to improve the overall condition, safety, and accessibility of sidewalks.

Fiscal Impact:

CIP 195 City Sidewalk Improvements and CIP 760 Tree Well Grates are funded through the Capital Improvement Fund, State Gas Tax Fund, Measure R Fund, and Measure M Fund with a combined appropriation of $188,451. The low bidder, Gentry General Engineering, Inc.’s bid is $194,031.00.

Staff recommends appropriating additional funds from the Capital Improvement Fund in the amount of $45,580 to CIP 195 to cover the base contract plus approximately 20 percent contingency of $40,000. The contingency, which is primarily intended to cover unknowns during construction, would also be used to construct additional sidewalk or perform additional sidewalk grinding. The additional work would be subject to available contingency following completion of the base contract scope of work.

Agreement Request
Request Amount FY 2022-2023 Budget Dept. Account # Total Contract Amount $194,031 115-8195-4201, 147-8195-4201, 148 -
8195-4201,301-8760-4201
$194,031
Attachments:

1. Bid Opening Log

2. Gentry General Engineering, Inc. Bid Documents

3. Draft Resolution

4. Gentry General Engineering, Inc. Contract Agreement

5. Map of Sidewalk Removal and Construction in the City Respectfully Submitted by: German Alvarez, Assistant Engineer City of Hermosa Beach Page 4 of 5 Printed on 3/25/2024
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REPORT 23-0209
Concur: Stephanie Holst, Senior Engineer
Concur: Lucho Rodriguez, City Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 5 of 5 Printed on 3/25/2024
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716
15 IV. BID DOCUMENTS
A. PROPOSAL
CIP No. 195

CITY SIDEWALK IMPROVEMENTS
CONTRACTOR: Date: ___________________
TO: City of Hermosa Beach
Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254
Ladies and Gentlemen:

The undersigned declares that he/she has carefully examined the location of the proposed work and that they have examined the Plans and Specifications, has read the Contract Documents, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for:

CIP No. 195

CITY SIDEWALK IMPROVEMENTS
In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021, Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein.

The Contractor also certifies that he/she is registered with the Department of Industrial Relations.

All work shall be completed within (25) working days from the date the notice to proceed is issued by the Engineer.

Contractor Signature PWCR Registration Number
Gentry General Engineering, Inc March 27, 2023
1000024189
717
16 B. BIDDING SCHEDULE
CIP No. 195

CITY SIDEWALK IMPROVEMENTS
Item
No.

Estimated
Quantity
Unit Description of Work Payment
Reference
Unit
Price Total
1 1 LS

MOBILIZATION AND
DEMOBILIZATION (5%

MAXIMUM)
7-3.4
------- $
2 1 LS TRAFFIC CONTROL
601-3.5.2
601-3.6.1
601-7
------- $
3 260 SF REMOVE PAVEMENT

MARKINGS
314-2.3 $ $
4 260 SF INSTALL CROSSWALK AND

STOP BAR
314-4.4.6 $ $
5 2174 SF

REMOVE EXISTING

SIDEWALK (OUTSIDE OF

CURB RAMP AREA)
303-5.9
$ $
6 2114 SF

CONSTRUCT PCC SIDEWALK
(OUTSIDE OF CURB RAMP
AREA)
303-5.9
$ $
7 2 EA REMOVE EXISTING CURB
RAMP
303-5.9 $ $
8 1 EA
CONSTRUCT ADACOMPLIANT PCC CURB
RAMP PER SPPWC STD. PLAN
111-5, CASE C
303-5.9
$ $
9 1 EA
CONSTRUCT ADACOMPLIANT PCC CURB
RAMP PER SPPWC STD. PLAN
111-5, CASE D, TYPE 2
303-5.9
$ $
10 1 EA

REMOVE, PROTECT, AND

REINSTALL SIGN POST AND
SIGNS
400-5
$ $
11 113 LF

GRIND EXISTING

SIDEWALK, CURB, OR

DRIVEWAY
303-9.2
$ $
12 200 SF REMOVE AND DISPOSE OF
BRICK
401-3.4 $ $
13 100 SF REMOVE AND DISPOSE OF

PARKWAY CONCRETE
401-3.4 $ $
14 6 EA REMOVE TREE 401-8 $ $
15 1 EA FURNISH AND INSTALL
TREE,
801-4.5 $ $
3,800.00
20,900.00

10.50 2,730.00

11.35 2,951.00

9.00 19,566.00

11.00 23,254.00
2,250.00 4,500.00
8,200.00 8,200.00
7,200.00 7,200.00
579.00 579.00

31.00 3,503.00

16.00 3,200.00

16.00 1,600.00
1,650.00 9,900.00
1,150.00 1,150.00
718
17 (Total Bid in Figures) ______
(Total Bid in Words)
Contractor Name: ______
In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to Item
No.

Estimated
Quantity
Unit Description of Work Payment
Reference
Unit
Price Total

MELALEUCA NESOPHILA IN
24 INCH BOX
16 7 EA

FURNISH AND INSTALL
TREE, QUEEN PALM IN 36

INCH BOX
801-4.5
$ $
17 2 EA INSTALL ROOT BARRIER

AROUND EXISTING TREE
801-11 $ $
18 4
CU
YD

FURNISH AND PLACE

PARKWAY TOPSOIL TO

MATCH ADJACENT

SIDEWALK GRADE
801-2.1
$ $
19 5 EA

MODIFY METAL TREE

GRATE PROVIDED BY THE
CITY. INSTALL FRAME AND

METAL TREE GRATE BY

CASTING FRAME INTO

NEWLY POURED SIDEWALK
801-10
$ $
20 17 EA

MODIFY FRAME AND

METAL TREE GRATE
PROVIDED BY THE CITY.

INSTALL FRAME AND

METAL TREE GRATE INTO

EXISTING TREE WELL PER

THE PROCEDURE

DESCRIBED IN THE SPECIAL

PROVISIONS
801-10
$ $
21 12 EA

FURNISH FRAME AND
METAL TREE GRATE.

INSTALL FRAME AND

METAL TREE GRATE INTO

EXISTING TREE WELL PER

THE PROCEDURES

DESCRIBED IN THE SPECIAL

PROVISIONS
801-10
$ $
Gentry General Engineering, Inc
1,158.00 8,106.00
2,400.00 4,800.00
423.00 1,692.00
652.00 3,260.00
820.00 13,940.00
4,100.00 49,200.00
$194,031.00
one hundred ninety-four thousand thirty-one dollars and zero cents 719
18 represent the Bidder’s intention and all totals will be corrected to conform thereto. Attached hereto is cash, a certified check, a cashier's check, or a Bidder's bond in the amount of __________________________________________________Dollars, said amount being not less than ten (10) percent of the amount bid. It is agreed a portion equal to the difference between the low bid and second low bid shall be retained as liquidated damages by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

Contractor Signature: __________________________________________ PW Registration #: __________________________________________ State License #: __________________________________________ Contractor Company Name: __________________________________________ 10%
1000024189
974279
Gentry General Engineering, Inc
720
721
722
723
724
21 D. BIDDER'S ASSURANCE
CIP No. 195

CITY SIDEWALK IMPROVEMENTS
FROM:

Name of Bidder:

Business Address:

Telephone No:

TO:

Members of the City Council
c/o City Hall
City of Hermosa Beach, California
Members of the City Council:

Pursuant to your published Notice Inviting Bids for: CIP No. 195 CITY SIDEWALK

IMPROVEMENTS
The undersigned declares that he/she has carefully examined the location of the proposed work; that he/she has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders and hereby proposes to furnish all materials, machinery, tools, labor, and services and do all the work necessary to complete the project in accordance with said Plans and Specifications and other Contract Documents at the item prices on the bidding schedule.

BY: TITLE:

Gentry General Engineering, Inc
9277 Archibald Ave
Rancho Cucamonga, CA 91730
(909) 330-1128
President
725
22 E. BIDDER'S DECLARATION
CIP No. 195

CITY SIDEWALK IMPROVEMENTS
It is understood and agreed that:

1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, and the Special Provisions.

2. The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters, which can in any way affect the work or the cost thereof.

3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he further understands that the City will not be responsible for any errors or omissions in the preparation of the Proposal.

4. The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned.

The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance within the period of time specified in the Contract Documents.

The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified and will complete said work within the time specified in the Bidding Schedule.

5. The undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other Bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding.

6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the Owner after evaluation of the bids as submitted. The undersigned agrees that the Owner shall recover or retain as liquidated damages an amount equal to the difference between the low bid and amount of the bid of the Bidder with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest Bidder in accordance with the provisions of the Public Contract Code section 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided.

7. This bid will not be withdrawn within a period of ninety (90) days after the date of its proper opening by the City.
726
727
In attendance:

Board of Directors:

GENTRY GENERAL ENGINEERING
Gentry General Engineering, Inc.
5 minutes
Date: February 3, 2023
7:30 a.m.

Brenton Gentry - President, CEO and Secretary
I called the meeting to order at 7:30 a.m.

I made a motion to submit to the City of Hermosa Beach a statement of those authorized to sign and contract on behalf of Gentry General Engineering, Inc. Those authorized are as follows:

Brenton Gentry, President, CEO and Secretary
9277 Archibald Ave, Rancho Cucamonga, CA 91730
The aforementioned individual can act alone to execute any and all documents on behalf of the Corporation and to bind the Corporation with respect thereto. All were in favor and none were opposed.

I called a conclusion of this meeting at 7:35 a.m.

Respectfully Submitted,
Brenton Gentry
President, CEO and Secretary
__ ... -
728
24 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
CIP No. 195

CITY SIDEWALK IMPROVEMENTS
As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding nondiscrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

FIRM

TITLE OF PERSON SIGNING

SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:

Gentry General Engineering, Inc
President
March 27, 2023
729
25 G. CERTIFICATION OF PRINCIPAL
CIP No. 195

CITY SIDEWALK IMPROVEMENTS
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Section 1861, Labor Code.) Signature:

Name:

Title:

Name of Company:

Brenton Gentry
President
Gentry General Engineering, Inc
730
26 H. DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] CIP No. 195

CITY SIDEWALK IMPROVEMENTS
The undersigned, a duly authorized representative of the Contractor, certifies and declares that:

1. The undersigned Contractor is aware of Section 1771.1 and 1777.7 of the California Labor Code, which prohibit a Contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.

2. The undersigned Contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law.

3. The undersigned Contractor is aware of California Public Contract Code Section 6109, which states:
“(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a Contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a Contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.”
“(b) Any Contract on a public works project entered into between a Contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works Contract, and any public money that may have been paid to a debarred subcontractor by a Contractor on the project shall be returned to the awarding body. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.”

4. The undersigned Contractor has investigated the eligibility of each and every subcontractor the undersigned Contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of
, at (place of execution), California.

Signature:

Name:

Title:

Name of Company:
27 March
2023 Rancho Cucamonga
Brenton Gentry
President
Gentry General Engineering, Inc
731
27 I. NON-COLLUSION DECLARATION
CIP No. 195

CITY SIDEWALK IMPROVEMENTS
The undersigned declares:

I am the ___________________ of ______________________________, the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state].

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP
President Gentry General Engineering, Inc
03/27/2023 Rancho Cucamonga
CA
Gentry General Engineering, Inc
9277 Archibald Ave
Rancho Cucamonga, CA 91730
732
733
28 J. REFERENCES OF WORK
CIP No. 195

CITY SIDEWALK IMPROVEMENTS
Date: ________________
The following are the names, addresses and phone numbers/ email addresses for at least three public agencies for which Bidder has performed similar work within the past five years.

All contact information must be current.
__________________________________________________________________________________ Name and Address of Public Agency
__________________________________________________________________________________ Name and Telephone Number of Project Manager
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Name and Description of Project
____________________________________ ______________________________________ Contract Amount Date Completed
__________________________________________________________________________________ Name and Address of Public Agency
__________________________________________________________________________________ Name and Telephone Number of Project Manager
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Name and Description of Project
____________________________________ ______________________________________ Contract Amount Date Completed
March 27, 2023
please see attached
please see attached
734
29 __________________________________________________________________________________ Name and Address of Public Agency
__________________________________________________________________________________ Name and Telephone Number of Project Manager
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Name and Description of Project
____________________________________ ______________________________________ Contract Amount Date Completed
__________________________________________________________________________________ Name and Address of Public Agency
__________________________________________________________________________________ Name and Telephone Number of Project Manager
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Name and Description of Project
____________________________________ ______________________________________ Contract Amount Date Completed
For additional References, please add separate sheets.
please see attached
please see attached
735
9277 Archibald Ave.

Rancho Cucamonga, CA 91730
off: 909.330.1128
fax: 909.330.1129
[email protected]
Prior Projects
2013 – $34,500.00
City of Fontana
Damaged Street/Sidewalk
Asphalt & Concrete R&R
8353 Sierra Ave
Fontana, Ca 92335
Jason Jojola: No Email Address
909.350.6636
2014 – $30,000.00
City of Rancho Cucamonga
Solar Shade Structure
8794 Lion St.

Rancho Cucamonga, Ca 91730
909.477.2730 (No Email Address)
2015 – $495,000
City of Whittier
Fire Loop/Fire Sprinkler Repair
9401Painter Ave
Whittier, Ca 90605
Karla Embry: [email protected]
562.332.9303
2015 – $41,000
City of Glendora
Water Improvement
116 E. Foothill Blvd.

Glendora, Ca 91741
Carlos Cigneros: No Email Address
626.786.1285
2016 – $504,420
City of Baldwin Park
Alleyway Street/Sidewalk
Asphalt & Concrete R&R
14403 Pacific Ave
Baldwin Park, Ca 91706
Chase Fidler: [email protected]
626.960.4011
2016 – $619,075
City of Bloomington
ADA Ramp – Repair/Maintenance/Replaced
825 E. 3rd Street
San Bernardino, CA 92415
Haile Ford: [email protected]
909.387.7936
2016 – $173,604
City of Montclair
Alleyway Street/Sidewalk Asphalt & Concrete
5111 Benito St
Montclair, Ca 91763
Steve Stanton: [email protected]
909.625.9444
2017 – $325,000
City of Upland
Damaged Street/Sidewalk
Asphalt & Concrete R&R
1370 North Benson Ave
Upland, Ca 91785
Tony Trejo: [email protected]
909.631.3918
736
9277 Archibald Ave.

Rancho Cucamonga, CA 91730
off: 909.330.1128
fax: 909.330.1129
[email protected]
2017 – $624,688
Santa Ana
Repair Maintenance/Replaced
Damaged Street/Sidewalk
Asphalt & Concrete R&R
20 Civic Center Plaza
Santa Ana, Ca 92701
Victor So: [email protected]
714.647.5076
2017 – $694,000
City of Corona
Miscellaneous Concrete Repair
400 S. Vicentia Ave, Ste. 210
Corona, Ca 92882
Barry Ghaemi: [email protected]
951.739.4961
2017 – $30,000
City of San Diego
Demo/Backfill/Compact Existing
Vault Location
422 W. Washington St.

San Diego, Ca 92103
Matt Cavan: [email protected]
951.684.1909
2018 – $1.2 Million
City of Torrance
Damaged Street/Sidewalk
Asphalt & Concrete R&R
20500 Madrona Ave
Torrance, Ca 90503
Shin Furukawa: [email protected]
310.618.3073
2018 – $547,950
City of Pasadena
Miscellaneous Concrete Repair
100 Garfield Ave
Pasadena, Ca 91101
Morley Saralya: [email protected]
626.744.3703
2018 – $2.2 Million
City of Torrance
Downtown Torrance Active Transportation
Improvements
20500 Madrona Ave
Torrance, Ca 90503
Justin Gatza: [email protected]
310.618.3032
2019 – $288,974
City of Barstow
Water Treatment Plant Dewatering Pad & Wall
2200 Riverside Dr.

Barstow, Ca 92311
Kody Topkins: [email protected]
760.252.2538
2019 - $544,342
Torrance Unified School District
Anza, Arnold and Hickory ES Site Drainage
21400 Ellinwood Dr
Torrance, CA 90503
Joe Winterburn:
[email protected]
(949) 502-4000
2019 - $714,000
City of Hermosa Beach
8 th Street Improvements Project
8 th Street
Hermosa Beach, CA 90254
Reed Salan: [email protected]
(310) 318-0229
737
9277 Archibald Ave.

Rancho Cucamonga, CA 91730
off: 909.330.1128
fax: 909.330.1129
[email protected]
2019 - $267,000
Costa Mesa Sanitary District
Indus Sewer Main Replacement
20122 Santa Ana Ave
Newport Beach, CA 92660
Rob Hamers: [email protected]
(949) 548-1192
2019 - $285,744
City of Fullerton
Curb/Gutter and Sidewalk Reconstruction
Fullerton, CA 92831
Jose Medina: [email protected]
(714) 738-6863
2019 - $141,312 ($139,573 original bid; work
limits increased)
City of Irvine
Ranch Park Bike Trail Rehabilitation
Irvine, CA 92618
Anthony Caraveo: [email protected]
(949) 724-7365
2019 - $644,763
City of Thousand Oaks
Concrete Replacement and Sidewalk Repair
Program
Thousand Oaks, CA 91320
Michelle McCarty: [email protected]
(805) 449-2477
2019 - $14,800.00
Whittier Unified School District (Whittier CHS)
Refurbish Long Jump Pits
9401 S. Painter Ave.,
Whittier, CA 90605
Danny True –
[email protected]
(562) 237-0795
2019 - $210,000
Lynwood Middle School (USD)
Storm Drain Improvements
11321 Bullis Road
Lynwood, CA 90262
Manuel Jaramillo: [email protected]
(323)447-0996
2020 - $1,369,000
City of Torrance
Sidewalk Repair for Handicap Accessibility
Torrance, CA 90505
Shin Furukawa: [email protected]
(310) 781-6900
2020 - $19,546
City of Fontana
San Bernardino at Cypress Driveway
Improvements
Fontana, CA 92335
Christopher Smethurst:
[email protected]
(909) 350-6649
2020 - $158,338 ($149,835 original bid;
additional grading work performed)
City of Walnut
Butterfield Park Trail Rehabilitation
21201 La Puente Rd
Walnut, CA 91789
Tony Lopez: [email protected]
(909) 594-9702
738
9277 Archibald Ave.

Rancho Cucamonga, CA 91730
off: 909.330.1128
fax: 909.330.1129
[email protected]
2020 - $29,820
City of Irwindale
Peppertree Bus Shelter Removal and Foothill
Column
5050 N Irwindale Ave
Irwindale, CA 91706
Elizabeth Rodriguez –
[email protected]
(626) 430-2211
2020 - $5,565
City of Irwindale
Arrow Bus Shelter Roof Repair
5050 N Irwindale Ave
Irwindale, CA 91706
Elizabeth Rodriguez –
[email protected]
(626) 430-2211
2021 - $22,000
Whittier Unified School District
Collapsed Storm Drain Repair
9401 S. Painter Ave.,
Whittier, CA 90605
Danny True –
[email protected]
(562) 237-0795
2021 - $29,999
Costa Mesa Sanitary District
Manhole Surface Repairs Phase 7
290 Paularino Ave
Costa Mesa, CA 92626
Michael Benesh –
[email protected]
(949) 548-1192
2021 - $366,732
City of Laguna Beach
Zones 2 and 3 Street Concrete Improvements
505 Forest Ave
Laguna Beach, CA 92651
Alpha Santos-Guinto –
[email protected]
(949) 497-0729
2021 – $221,318 ($211,965 original bid; extra
work added)
City of Laguna Beach
Ramona Alley Decorative Paving Replacement
505 Forest Ave
Laguna Beach, CA 92651
Alpha Santos-Guinto –
[email protected]
(949) 497-0729
2021 - $198,420
Chino Valley Unified School District
Briggs K-8 Waterline Upgrades
11880 Roswell Ave
Chino, CA 91710
Sam Sousa –
[email protected]
(909) 628-1201 x1490
2021 - $125,400
Torrance Unified School District
Seaside Elementary Site Drainage Improvement
2335 Plaza Del Amo
Torrance, CA 90501
Ryan Palmer –
[email protected]
(310) 972-6240
739
9277 Archibald Ave.

Rancho Cucamonga, CA 91730
off: 909.330.1128
fax: 909.330.1129
[email protected]
2021 - $252,796
City of Rancho Cucamonga
Citywide Concrete Repair
10500 Civic Center Dr
Rancho Cucamonga, CA 91730
Ernie Ruiz –
[email protected]
(909) 774-4108
2021 - $41,750
State of California
Moro State Deck and ADA Access
715 P Street
Sacramento, CA 94296
Michelle Humphrey –
[email protected]
(949) 366-8533
2021 - $1,924,055
City of Anaheim
Alley Sanitary Sewer Improvement
200 S Anaheim Blvd
Anaheim, CA 92805
Scott Yanagihara –
[email protected]
(714) 231-4696
2022 - $9,010,551 ($8,449,000 original bid;
plans/specs revised post-award)
State of California
Doheny State Beach Projects A, B and C
715 P Street
Sacramento, CA 95832
Ryan McBride –
[email protected]
(714) 833-1792
2022 - $88,066
Cucamonga Valley Water District
Nitrate Facility Retaining Wall
10440 Ashford St
Rancho Cucamonga, CA 91730
Tyler Bui –
[email protected]
(909) 483-7455
2022 - $148,029
County of San Bernardino
Laurel Ave/Randall Ave Drainage Improvement
825 E 3rd St
San Bernardino, CA 92415
Carlos Seanez –
[email protected]
(909) 486-0227
2022 – $98,050
City of Laguna Beach
Citywide Guardrails
505 Forest Ave
Laguna Beach, CA 92651
Alpha Santos-Guinto –
[email protected]
(949) 497-0729
2022 - $121,318 ($111,000 original bid; work
limits extended)
City of Orange
Chapman Ave Alley Improvement
300 E Chapman Ave
Orange, CA 92866
Karl Schmidt –
[email protected]
(714) 744-5562
740
9277 Archibald Ave.

Rancho Cucamonga, CA 91730
off: 909.330.1128
fax: 909.330.1129
[email protected]
2022 - $1,085,610.50
City of Torrance
Citywide Sidewalk Repair for Disabled
Accessibility
3031 Torrance Blvd
Torrance, CA 90503
Marc Simons –
[email protected]
(424) 399-3193
2022 - $7,997
City of Rancho Cucamonga
Citywide Fence Repair
8794 Lion St
Rancho Cucamonga, CA 91730
Phillip Ortega –
[email protected]
(909) 477-2730
2022 - $206,496 ($200,010 original bid; design
revisions)
City of El Segundo
W Mariposa Ave and W Pine Ave Sidewalk
Construction
350 Main St
El Segundo, CA 90245
Floriza Rivera –
[email protected]
(310) 524-2361
2022 - $413,420
Temecula Valley Unified School District
Vintage Hills Elementary School Modernization
31350 Rancho Vista Rd
Temecula, CA 92592
Jim Flath –
[email protected]
(951) 501-9594
2022 - $5,700
City of Rancho Cucamonga
Way Finder Monument Sign Replacement
8794 Lion St
Rancho Cucamonga, CA 91730
Phillip Ortega –
[email protected]
(909) 477-2730
2022 - $426,472 ($508,372 original bid; some
bid schedule items deleted from work)
County of San Bernardino
Ridgecrest Rd Sidewalk and Ramps
825 E 3rd St
San Bernardino, CA 92415
Carlos Seanez –
[email protected]
(909) 486-0227
2022 - $48,606
City of Rancho Cucamonga
Calle Carabe Sidewalk Repair
8794 Lion St
Rancho Cucamonga, CA 91730
Richard Favela –
[email protected]
(909) 774-4107
2022 – $128,695
City of Laguna Beach
Peppertree Parking Lot Rehabilitation
505 Forest Ave
Laguna Beach, CA 92651
Alpha Santos-Guinto –
[email protected]
(949) 497-0729
741
9277 Archibald Ave.

Rancho Cucamonga, CA 91730
off: 909.330.1128
fax: 909.330.1129
[email protected]
2022 - $529,424 ($489,075 bid value;
quantities/limits increased)
City of El Monte
Sidewalk and Curb Ramp Reconstruction
11333 Valley Blvd
El Monte, CA 91731
John Rico –
[email protected]
(626) 258-8833
2022 - $47,522 ($44,236 bid value; additional
signage added to scope)
City of El Monte
City Hall Parking Lot ADA Improvements
11333 Valley Blvd
El Monte, CA 91731
Kevin Ko –
[email protected]
(626) 580-2058
2022 - $142,591
City of Rancho Cucamonga
Heritage Community Park Pedestrian Trail
Rehabilitation
8794 Lion St
Rancho Cucamonga, CA 91730
Richard Favela –
[email protected]
(909) 774-4107
2022 - $15,600
City of Rancho Cucamonga
Carnelian Block Wall Repair
8794 Lion St
Rancho Cucamonga, CA 91730
Richard Favela –
[email protected]
(909) 774-4107
2022 - $8,922
City of Rancho Cucamonga
Guardrail Replacement at Woodruff and
Highland
8794 Lion St
Rancho Cucamonga, CA 91730
Phillip Ortega –
[email protected]
(909) 477-2730
2022 – $176,450 ($138,925 bid value;
limits/quantities increased)
City of Orange
Chapman and Yorba Sidewalk Construction
300 E Chapman Ave
Orange, CA 92866
Eric Perez –
[email protected]
(714) 744-4107
2022 - $109,208 ($99,420 bid value; scope of
work increased
City of Rancho Cucamonga
Construction of Pickleball Courts at Redhill Park
8794 Lion St
Rancho Cucamonga, CA 91730
Jenny Hanlon –
[email protected]
(909) 774-2343
742
30 K. SUBCONTRACTORS LIST
CIP No. 195

CITY SIDEWALK IMPROVEMENTS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each Bidder shall set forth below: (a) the name and location of the place of business, (b) the California Contractor license number, (c) the DIR public works Contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime Contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.

Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the Contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the Owner.

We propose to use the following listed subcontractors as per Public Contract Code Section 4100 et seq.: List all Subcontractors. The subcontractor shall be licensed for the type of work they are performing.

Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License Classification and
No.

DIR Registration No.

Phone No. Dollar Amount of Work & % of Work
V&E Tree Service PO Box 3280, Orange, CA 92865
tree removal and root barrier installation
654506 - C27, C61/D49 1000001936
(714) 997-0903 $12,600.00; 6.5%
743
31 Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License Classification and
No.

DIR Registration No.

Phone No. Dollar Amount of Work & % of Work
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License Classification and
No.

DIR Registration No.

Phone No. Dollar Amount of Work & % of Work
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License Classification and
No.

DIR Registration No.

Phone No. Dollar Amount of Work & % of Work
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License Classification and
No.

DIR Registration No.

Phone No. Dollar Amount of Work & % of Work
Percent of work to be performed by sub-Contractors: %
(Note: 50% of work is required to be performed by general Contractor) For additional Sub-Contractors, please add additional sheet(s) PCI 975 W 1st St, Azusa, CA 91702
striping, wheel stops and ADA signs
415490 - C32, C61/D42 1000813536
(562) 218-0504 $10,750.00; 5.5%
12 744
32 L. IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
CIP No. 195

CITY SIDEWALK IMPROVEMENTS
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on Contracts for three years.

X
X
Brenton Gentry
President
Gentry General Engineering, Inc
March 27, 2023
745
33 M. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION CIP No. 195

CITY SIDEWALK IMPROVEMENTS
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. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

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.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations.1
Name of Bidder:_________________________________
DIR Registration Number:_________________________
DIR Registration Expiration:_______________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

Bidder shall maintain a current DIR registration for the duration of the project.

Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its Contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Bidder______________________________________
Signature___________________________________________
Name and Title______________________________________
Date______________________________________________
1 If the Project is exempt from the Contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Gentry General Engineering, Inc
1000024189
June 30, 2025
X
Gentry General Engineering, Inc
Brenton Gentry, President
March 27, 2023
746

CITY OF HERMOSA BEACH
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE CONSTRUCTION OF CIP 195 CITY SIDEWALK
IMPROVEMENTS & CIP 760 TREE WELL GRATES PURSUANT TO
GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT

PAYMENT ACCOUNT
WHEREAS, City staff designed and prepared the plans for CIP NO. 195 City Sidewalk Improvements & CIP NO. 760 Tree Well Grates (“Project”); and WHEREAS, The City solicited competitive bids for the City Sidewalk Improvements and Tree Well Grates; and
WHEREAS, Bids were received and opened publicly on March 30, 2023 and Gentry General Engineering, Inc. was chosen as the lowest responsible bidder; WHEREAS, the City Council, concurrent with the adoption of this Resolution, awarded the construction contract to the lowest responsible bidder, Gentry General Engineering, Inc. for the City Sidewalk Improvements and Tree Well Grates (Reconciliation).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regards to the plans and construction of the Project. The City Engineer finds that the plans are complete and the Project may be constructed.

SECTION 2. Design Immunity; Authorization
A. The design, plans and vendor proposal for the Project are determined to be consistent with the City’s standards and are approved; B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced;
747

C. The approval granted by this Resolution conforms with the City’s General Plan;
D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution; and
E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6.

SECTION 3. For purposes of the Contract Documents administering the Project, the City establishes an account containing sufficient monies from the current and following fiscal year budget to pay for the project. This Account is the sole sources of funds available for the Construction Sum as defined in the Contract Document administering the Project.

SECTION 4. The City Clerk is directed to certify the adoption of this Resolution.

SECTION 5. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED and ADOPTED on this 25th day of April, 2023 Raymond Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
748
36 A. CONTRACT AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between Gentry General Engineering, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY").

R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for CIP NO. 195 C I T Y S I D E W A L K I M P R O V E M E N T S AND CIP NO. 760 TREE WELL GRATES (RECONCILIATION) (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On April 25, 2023, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and
C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the CIP No. 195 C I T Y S I D E W A L K I M P R O V E M E N T S and CIP No. 760 TREE WELL GRATES (RECONCILIATION) in the City of Hermosa Beach.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work forthe CIP NO. 195 CITY SIDEWALK IMPROVEMENTS AND CIP NO. 760 TREE WELL GRATES (RECONCILIATION) in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated March 09, 2023 (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications 2021 edition, Special Provisions, Exhibit A and Exhibit B, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any 749
37 inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.

3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal $194,031.00 as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 25 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time.

5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum set forth in Part 1 General Provisions Section 6-9 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract.

This Article does not exclude recovery of other damages specified in the Contract Documents.

6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR may request CITY to make retention payments directly to an escrow agent or may substitute securities for any money withheld by CITY to ensure performance under the contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a state or federally chartered bank as the escrow agent who shall return such securities to CONTRACTOR upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS.

Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil 750
38 damages resulting from a violation of the prevailing wage laws. 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.

In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD.

CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.

CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.

Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:

When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
751
39 Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

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.

CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by 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.

Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

By executing this Contract, CONTRACTOR verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of 752
40 California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or 40 hours in any one calendar week in violation of the Labor Code.

9. PUBLIC WORKS CONTRACTOR 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 (DIR). No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. 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.

10. LABOR COMPLIANCE AND STOP ORDERS: This Project is subject to compliance monitoring and enforcement by the DIR. It shall be 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 DIR 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 CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.

11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

12. LABOR/EMPLOYMENT SAFETY: CONTRACTOR shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA 753
41 requirements and requirements for verification of employees’ legal right to work in the United States
CONTRACTOR shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. CONTRACTOR shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.

CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site specific safety program to CITY prior to beginning Work at the Project site.

CONTRACTOR shall maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program

13. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

14. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

To the fullest extent permitted by law, CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, 754
42 operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.

Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.

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. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

15. THIRD PARTY CLAIMS. In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of 755
43 this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.

16. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors.
a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Working On, Over, or Near Navigable Waters. This Contract involves work on or adjacent to and/or work contributing to commerce on Navigable Waters of the United States, as defined by the U.S. Code of Federal Regulations. The Contractor therefore shall provide proof of insurance coverage in compliance with the statutory requirements of the U.S. Longshore and Harbor Workers’ Compensation Act.

If the Contractor is working from barges or any other watercraft, owned or nonowned, the Contractor must maintain Protection and Indemnity (P&I) insurance providing coverage for actions of the crew to third parties in the amount of $1,000,000 each occurrence or accident. The City shall be named by endorsement as an additional insured on the Contractor’s Protection and Indemnity insurance policy. The Contractor must also provide proof of insurance coverage in compliance with the statutory requirements of the Merchant Marine Act of 1920 (Jones Act). 756
44 iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vii. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
viii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
ix. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY.
b. Builder’s Risk (Course of Construction) Insurance.
i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear.
ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures,processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site. 757
45 c. Claims Made Policies. If any coverage required is written on a claims-made coverage form:
i. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is cancelled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. iv. A copy of the claims reporting requirements must be submitted to the CITY for review.
v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. d. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY.
e. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors. f. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
g. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors.

For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
758
46 h. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

18. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

19. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.

20. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them.

The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.

21. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession.

CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance.

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within five (5) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

22. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for four years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

23. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion 759
47 enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

24. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.

25. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf.

26. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.
760
48 CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: Project Manager
CONTRACTOR:

Attention:

27. DISPUTES. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

Claims. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. 761
49 Supporting Documentation. The CONTRACTOR shall submit all claims in the following format:

Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:

Specifications
Drawings
Clarifications (Requestsfor Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed.

Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion.
762
50 Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR.

CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater.

Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time.

If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed.
763
51 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY.

Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. 764
52 Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY’s rights to any subsequent procedures for the resolution of disputed claims.

24. NON-DISCRIMINATION: Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.

25. TERMINATION: This Contract may be terminated by CITY at any time, either with our without cause, by giving CONTRACTOR three (3) days advance written notice. In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract.

26. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tender final payment to Contractor, without further acknowledgment by the Parties.

27. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party.

There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

28. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
765
53 29. FORCE MAJEURE. If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled to a time extension, as provided in the contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the contract price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the contract documents. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

30. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

31. ACCEPTANCE OF FACSIMILE 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. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

32. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. 766
54 State of California
CONTRACTOR'S License No.

CONTRACTOR
By:

Date TITLE

CITY OF HERMOSA BEACH, CALIFORNIA
By:

Date MAYOR
ATTEST:

By:

Date CITY CLERK
CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM:

CITY ATTORNEY
Date
767
Hermosa Avenue (13th Street to 14th Court)
Anticipated Sidewalk Panel & Curb Ramp Replacement
768
34th Street (Hermosa Avenue to Palm Drive)
Anticipated Sidewalk Panel Replacement
769
Valley Park Avenue (18th Street to End)
Anticipated Sidewalk Panel & Tree Replacement
770
11th Street (Beach Drive to Hermosa Avenue)
Portion of Anticipated Sidewalk Panel Replacement
771
Valley Drive (6th Street to 8th Street)
Anticipated Sidewalk Panel Replacement
772
Hermosa Avenue (10th Street to 14th Street)
Anticipated Tree Well Grate Installation
773
S Park Avenue (24th Place to 25th Street)
Anticipated Sidewalk Panel Grinding
774
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0218
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023

CONSIDERATION OF REQUESTS FOR NAMING OF

PUBLIC FACILITIES AND PUBLIC SPACE IN HONOR OF

JEFF DUCLOS AND JULIAN KATZ
(Deputy City Manager Angela Crespi)
Recommended Action:

Staff recommends City Council consider designating a subcommittee to review two requests for the naming of specified public facilities and outdoor space as follows:
1) Naming a bike corral located on Hermosa Avenue and 10th Street in honor of late Public Works Commissioner and bicycling advocate Julian Katz; and 2) Renaming the Hermosa Beach Community Garden in honor of former Mayor and Councilmember Jeff Duclos.

Executive Summary:

At its September 28, 2021 meeting, City Council adopted the Municipal Naming, Monument and Sponsorship Policy (Attachment 1). The purpose of the policy, among other naming and sponsorship activities, is to establish criteria and formal procedures for consideration of the naming of public facilities and outdoor space. Staff recommends City Council proceed with the review procedure for two pending requests initiated by City Councilmembers, which include the naming of a bike corral located on Hermosa Avenue and 10th Street in honor of late Public Works Commissioner and bicycling advocate Julian Katz and the renaming of the Hermosa Beach Community Garden in honor of former Mayor and Councilmember Jeff Duclos.

Background:

At its November 18, 2019 meeting, under the “Other Matters” section of the agenda, City Council directed staff to return to Council with an item to consider the creation of a Council subcommittee to work with a Parks and Recreation Commission subcommittee on dedicating the Community Garden at South Park in Councilmember Jeff Duclos’ name. Given the absence of a formalized process or policy for the naming of City facilities, staff subsequently returned to Council at its December 17, 2019 meeting with a recommendation that Council form a subcommittee to work with a subcommittee of the Parks & Recreation Commission on the dedication process.

At its September 28, 2021 meeting, City Council adopted the Municipal Naming, Monument, and City of Hermosa Beach Page 1 of 4 Printed on 4/25/2023
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Staff Report
REPORT 23-0218
At its September 28, 2021 meeting, City Council adopted the Municipal Naming, Monument, and Sponsorship Policy (Attachment 1). The purpose of the policy, among other naming and sponsorship activities, is to establish criteria and formal procedures for consideration of the naming of public facilities and outdoor space.

At the March 28, 2023 City Council meeting, under the “Future Agenda Items” section of the agenda, Councilmember Detoy made a motion, and three Councilmembers supported, directing staff to return with an item regarding the naming of the Bike Corral at Hermosa Avenue and 10th Street in honor of late Commissioner and cycling advocate Julian Katz.

Past Board, Commission and Council Actions
Meeting Date Description
November 18, 2019 Under the “Other Matters” section of the agenda, City Council directed staff to return to Council with an item to consider the creation of a Council sub-committee to work with a Parks and Recreation Commission sub-committee on dedicating the Community Garden at South Park in
Councilmember Jeff Duclos’ name.

December 17, 2019 Absent of a formalized naming policy, staff retuned to City Council with a recommendation that Council form a subcommittee to work with a sub-committee of the Parks & Recreation Commission on the dedication process.

September 28, 2021 City Council approved a final Municipal Naming, Monument and Sponsorship Policy Guide.

March 28, 2023 Under the “Future Agenda Items” section of the agenda, Councilmember Detoy made a motion and three Council
members supported directing staff to return with an item regarding the naming of the Bike Corral at Hermosa Avenue and 10th Street in honor of late Commissioner and cycling advocate Julian Katz.

Discussion:

In accordance with the City’s Municipal Naming, Monument, and Sponsorship Policy Guide, staff recommends Council consider designating a subcommittee consisting of two City Councilmembers to provide a detailed analysis and recommendation regarding the two outstanding naming requests.

The Council may also direct any applicable Commission to also create a subcommittee to further assist in the review.

The first request is to consider renaming the Hermosa Beach Community Garden at South Park in City of Hermosa Beach Page 2 of 4 Printed on 4/25/2023
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Staff Report
REPORT 23-0218
The first request is to consider renaming the Hermosa Beach Community Garden at South Park in honor of former Mayor and Councilmember Jeff Duclos. An avid surfer and environmentalist, Duclos was the leading voice who spearheaded the movement for a permanent community garden in Hermosa Beach. Duclos served on the City Council between 2009 and 2019 and lived in Hermosa Beach for 40 years before moving to San Diego County to be closer to his children and grandchildren.

The second request is to consider naming the bike corral on Hermosa Avenue and 10th Street in honor of late Public Works Commissioner and cycling advocate Julian Katz. A founding member and past president of the South Bay Bicycle Coalition, Katz was instrumental in developing the South Bay Bikeway Master Plan, which led to the construction of the region’s first sharrow lane on Hermosa Avenue. Through his leadership, he helped unify the Cities of El Segundo, Hermosa Beach, Manhattan Beach, Redondo Beach, Torrance, Lawndale, and Gardena to develop that plan, which led to a $250,000 grant from the Los Angeles County Department of Public Health. As a result of the Hermosa Avenue sharrows demonstration project, over 13.8 miles of sharrows and 40 miles of the bikeways have been installed throughout the South Bay as part of the Bikeway Master Plan.

Should the Council choose to form a subcommittee to provide a detailed analysis and recommendation regarding the two requests, the subcommittee(s) would subsequently present their recommendations to the applicable body followed by the City Council for a formal review.

General Plan Consistency:

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

Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.

Policy:
· 1.6 Long-term considerations. Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities.

Goal 2. The community is active and engaged in decision-making processes.

Policy:
· 2.6 Responsive to community needs. Continue to be responsive to community inquiries, providing public information and recording feedback from community interactions.

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Staff Report
REPORT 23-0218
Fiscal Impact:

There is no fiscal impact associated with the recommended action to consider the creation of a City Council subcommittee. The fiscal impact of implementing the two naming requests is unknown at this time as each request for naming or placement of a monument or statue would have unique needs and require different levels of support from the City.

Attachments:

1. Municipal Naming, Monument and Sponsorship Guide

2. Link to November 18, 2019 City Council Meeting Minutes

3. Link to December 17, 2019 City Council Staff Report

4. Link to September 28, 2021 City Council Staff Report

5. Link to March 28, 2023 City Council Meeting Video
Respectfully Submitted by: Sirinya Matute, Senior Management Analyst Concur: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 4 of 4 Printed on 4/25/2023
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City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
(310) 318-0239

MUNICIPAL NAMING,

MONUMENT AND SPONSORSHIP

POLICY GUIDE
PUBLIC FACILITIES + OUTDOOR SPACES
MONUMENTS, STATUES + PUBLIC ART
EVENT + ACTIVITY SPONSORSHIP
779

TABLE OF CONTENTS
Purpose .......................................................................................................................... 1 General Information ..................................................................................................... 1 Definitions ................................................................................................................... 1 Naming of Public Facilities + Outdoor Space ............................................................ 3 Purpose ..................................................................................................................................3 Guiding Principles..................................................................................................................4 Guidelines..............................................................................................................................4 Review Procedure.................................................................................................................5 Qualifying Names and Criteria.............................................................................................6 Renaming ..............................................................................................................................6 Monuments, Statues + Public Art................................................................................. 7 Purpose ..................................................................................................................................7 Guiding Principles..................................................................................................................7 Guidelines..............................................................................................................................8 Review Procedure.................................................................................................................9 Signage........................................................................................................................ 10 Municipal Naming, Monument and Sponsorship Quick Glance........................... 11 780
1 PURPOSE
The purpose of this policy is to establish criteria and formal procedures for consideration of the naming of public facilities and outdoor space; the placement of Monuments or Statues, public art, and memorial park benches; and event and activity Sponsorships for the purpose of recognizing individuals, groups or organization that have made a significant contribution to the City of Hermosa Beach. This policy shall guide the City Council in its approval of these recognition opportunities to ensure a thorough and formal review of each request.

This policy outlines criteria, conditions and procedures in order to maintain integrity, encourage philanthropic giving while acknowledging public investments, and to safeguard against unwanted commercialization of City Assets. Consideration will include the specific name(s) of public facilities and outdoor space; the specific placement of Statues and/or Monuments on Cityowned land; Sponsorship opportunities; and the duration of each of these relationships.

GENERAL INFORMATION
Definitions
The following definitions will apply for the purpose of this policy:

City Assets: Tangible or intangible items of value that are owned or created by the City including but not limited to both City facilities and City-owned land.

City Facility (included in City Assets): Any part of real property or structure owned by the City including, but not limited to parks, libraries, Recreational Facilities buildings, parking facilities, interior or ancillary features that are a part of, or within, a larger facility and other City facilities.

Civic Organizations: any local service club or association not organized for profit but operated exclusively for education or charitable purposes.

Commission: Commission as defined by the Hermosa Beach Municipal Code Chapters 2.28; 2.32; 2.76 and 2.80.
781
2 Donation or Gift: A monetary (cash) contribution, endowments, personal property, real property, financial securities, equipment, in-kind goods or services, or any other City Asset that the City has accepted and for which the Donor has not received any goods or services in return.

Donor: A person or other legal entity that proposes or provides a Donation to the City.

Funding: Financial or in-kind resource to provide Funding that might result in Naming or Renaming.

Naming: The selection and approval by the city for the initial Naming of a City Asset within the public right of way.

Monument or Statue: a structure erected to commemorate a famous or notable person or event.

Renaming: The selection and approval by the City for a new name of an existing City Asset.

Sign Ordinance: The City’s sign regulations contained in the Hermosa Beach Municipal Code Chapter 17.50.

Sponsorship: A contractual arrangement for a defined period of time where a third party provides goods, services or financial contribution in return for access to the commercial/marketing potential associated with rights to be publicly denoted as being a sponsor of a city service, program, event, activity or sub-component of a City Asset and/or rights for the inclusion and public display of the third party’s name as part of the name of a city service, program, event, activity or sub-component of a City Asset. 782
3 NAMING OF PUBLIC FACILITIES + OUTDOOR SPACE
Purpose
To establish formal policies as a guide to the City Council in considering appropriate names for city-owned land, buildings, and facilities (City Asset); whether, and under what circumstances, such land, building, and facilities should be named or renamed in honor of an individual; and the duration of Naming rights of City-owned land, buildings, and facilities.

This policy is in place to ensure the following:
• The Naming of public facilities and outdoor space enhances a sense of community within the city.
• Parks and recreational areas are easily identified and located. • Names given are consistent with the values and characteristics of the City of Hermosa Beach.
• Assure the quality of the title/name, so that it will serve the purpose of the city in a permanent manner.
• Encourage public participation and input in order to fully represent the best interest of the area affected; and
• Encourage and recognize the dedication of lands, or Donations by individuals or groups.
783
4 Guiding Principles
In considering proposals for the Naming or Renaming of a city-owned public facility or outdoor space, the city will consider whether the proposed name will:
• Engender a strong positive image consistent with the city’s goals and values;
• Be appropriate relative to the City Asset’s location and/or history; • Have historical, cultural, or social significance for future generations; • Commemorate places, people, or events that are of continued importance to the city, community, region, or state;
• Have symbolic value that transcends its ordinary meaning or use and enhances the character and identity of the City Asset;
• Names that have recognizable geographic, topographic, or historical significance associated with Hermosa Beach. In assessing this type of name, the City Council will take into consideration the recommendations from different bodies such as the Planning Commission or the Hermosa Beach Historical Society.
• Have broad public support; and
• Not result in the excessive commercialization of the City Asset.

Guidelines
The City Council will consider requests for the Naming of public facilities and outdoor space whether submitted by City Council members, city staff, city agencies, Civic Organizations, or by members of the community.

City-owned land, buildings and facilities may be named in honor of persons who have served the nation, the State of California and/or the City of Hermosa Beach in an exceptional and distinguished manner; and where such action is warranted by a contribution or service which is deemed to be of major significance. In assessing this honor, the City Council will take into consideration the recommendations from different bodies such as the applicable City Commission(s) or local interest groups.

City-owned land, buildings and facilities may be named after individuals or families who have donated the land or funds for a capital project, particularly if such Naming is set forth as a condition of the Donation. Additionally, the City Council may approve the Naming of city-owned land, buildings or facilities based on an organization or individual’s monetary contribution to the city for that purpose. The funds from that contribution may be used for any purpose deemed appropriate by the City Council unless there is a specified use as a condition of 784
5 the contribution. The duration of the name is on a case-by-case basis at the discretion of the City Council unless otherwise set forth as a condition of the contribution approved by the Council.

The names of city-owned land, buildings and facilities shall not normally be named in honor of individuals when they have previously been named for another individual. However, if the Council deems it appropriate, they may vary from the guideline on a case-by-case basis.

When appropriate, parks, trails and facilities can be named after predominant geographical or physical features of the land. These may include natural features or man-made features. Different sections of public facilities and outdoor space may carry names that differ from that of the overall park or facility. This may include the Naming of individual items in a park or facility such as a meeting room.

However, the guidelines outlined in this guide shall still apply in the selection and adoption of the name.

Review Procedure
Consideration of requests for the Naming of public facilities and outdoor space will include the following:

1. Submittal Request. Letter requests for Naming of City-owned land, buildings and facilities shall be filed with the City Clerk. Letters shall include clear justification for the request including qualifying information, as outlined below.

2. Sub-committee Review. Upon review by the City Manager and if the request warrants further investigation, it will be presented to the City Council to consider designating a sub-committee consisting of two (2) City Council Members to provide a detailed analysis and recommendation. The Council may also direct any applicable Commission to also create a subcommittee to further assist in the review.

3. Sub-committee(s) Recommendation. The sub-committee(s) will present their recommendations to the applicable body followed by the City Council for a formal review. If the Sub-committee recommends approval, it will also provide a written statement to be preserved as to who the individual is/was and why the naming is taking place.
785
6 4. City Council Review. The City Council will make its determination as to the Naming or Renaming of City-owned land, buildings, and facilities at regularly scheduled meetings. The decision of the City Council will be final. a. In the case the request is denied by the Council, no further action is taken.
b. If the request is approved, staff will begin implementing the Naming of the public facility or outdoor space through execution of a formal agreement.

Qualifying Names and Criteria
The review and selection of names will follow an extensive and exhaustive review of several factors. The following will be considered as part of this review:
• Geographical location of the facility or outdoor space including descriptive names.
• An outstanding feature of the area (i.e. hill, vegetation). • Commonly recognized subjects of historical significance such as an event, person, group, culture, or place.
• A person or group who significantly contributed to the acquisition or development of the park/facility.
• An individual who provided an exceptional service in the interest of the park system as a whole or for the community as a whole. • A person whose contribution or significant Gift is of a most extraordinary nature.
• Parks and facilities that are donated to the city can be named by deed restriction by the Donor.

Additionally, Naming may be considered based on the provision of significant Funding that underwrites the cost of renovation or construction of city property.

Financial underwriting shall be broadly defined as substantial monetary contributions that enable the City to acquire, maintain, and/or improve City Assets. This may include monetary Gifts and/or grants that leverage federal, state and local Funding for such projects or complete Donation of land.

Renaming
The intent of Naming a public facility or outdoor space is intended for permanent recognition. Therefore, the Renaming of parks and facilities is strongly discouraged. Requests for the Renaming or removal of the name of an already named public facility or outdoor space will be subject to the most careful examination so as not to diminish the original justification for the name or discount the value of the prior contributors. Notwithstanding the preceding language, and 786
7 unless restricted by an agreement with a Donor, City Council has complete discretion to remove a name or rename a property
MONUMENTS, STATUES + PUBLIC ART
Purpose
To establish formal policies as a guide to the City
Council in considering the placement of a
Monument, Statue or public art on city-owned
land including city facilities and outdoor spaces;
whether and under what circumstances a
desired location would be best suited for the
placement of a Statue, Monument and/or
public art in honor of an individual or family; and
the duration of this placement of a Statue,
Monument and/or public art.

Memorial park benches are not included as part of this policy. These are administered by the Public Works Department and should be contacted directly for further details. The Community Development Department oversees placement of Monuments, Statues and public art on private property.

Guiding Principles
In considering proposals for the placement of a Monument, Statue or public art on city-owned land including City facilities and outdoor spaces, the city will evaluate whether the Monument or public art piece:
• Engenders a strong positive image consistent with the city’s goals and values;
787
8 • Have historical, cultural, or social significance for future generations; • Commemorate places, people, or events that are of continued importance to the city, community, region, state, or nation; • Have symbolic value that transcends its ordinary meaning or use and enhances the character and identity of the City Asset;
• The location of the Monument, Statue or public art piece is significant in some measurable way to the individual or image depicted; • The individual or image depicted in the art piece have recognizable geographic, topographic, or historical significance associated with Hermosa Beach. In assessing this type of name, the City Council will take into consideration the recommendations from different bodies such as the Planning Commission or the Hermosa Beach Historical Society. • Have broad public support; and
• Not result in the excessive commercialization of the City Asset.

Guidelines
The City Council will consider placement of Statues, Monuments or public art whether submitted by City Council members, city staff, city agencies, Civic Organizations, or by members of the community.

Placement of a Statue, Monument or public art should have recognizable geographic, topographic, or historical significance associated with Hermosa Beach. In assessing this placement location, the City Council will take into consideration the recommendations from different bodies such as the applicable City Commission(s) or local interest groups. Placement may be in honor of persons who have served the nation, the State of California and/or the City of Hermosa Beach in an exceptional and distinguished manner; and where such action is warranted by a contribution or service which is deemed to be of major significance.

Placement of a Statue, Monument or public art in honor of a deceased person shall generally not take place until after a minimum of one-year waiting period unless the City Council determines that there are overriding considerations deviating from this policy guideline. This policy guideline is not intended in any way to reflect on the merits of any deceased individual who may have been a prominent civic leader. However, it is felt appropriate to establish some type of waiting period to ensure that an individual’s accomplishments or contributions will stand the test of time; and that a decision shall not be made on an emotional basis immediately following a person’s death.
788
9 A Statue and/or Monument may be named after individuals or families who have donated the land or funds for the capital project, particularly if such Naming is set forth as a condition of the Donation. The City Council may approve the placement of a Statue and/or Monument based on an organization or individual’s monetary contribution to the city for that purpose. The funds from that contribution may be used for any purpose deemed appropriate by the City Council unless there is a specified use as a condition of the contribution. The duration of the name is on a case-by-case basis at the discretion of the City Council unless otherwise set forth as a condition of the contribution approved by the Council.

Review Procedure
Consideration of requests for the placement of a Monument, Statue or public art on city-owned land including city facilities and outdoor spaces will include the following:

1. Submittal of Request. Letter requests for Naming of City-owned land, buildings and facilities shall be filed with the City Clerk. Letters shall include clear justification for the request including qualifying information, as outlined below.

2. Sub-committee Review. Upon review by the City Manager and if the request warrants further investigation, it will be presented to the City Council to consider designating a sub-committee consisting of two (2) City Council Members to provide a detailed analysis and recommendation. The Council may also direct any applicable Commission to also create a subcommittee to further assist in the review.

3. Sub-committee(s) Recommendation. The sub-committee(s) will present their recommendations to the applicable body followed by the City Council for a formal review. If the Sub-committee recommends approval, it will also provide a written statement to be preserved as to who the individual is/was and why the naming is taking place.

4. City Council Review. The City Council will make its determination as to the placement of a Statue, Monument or public art on city-owned land including city facilities and outdoor spaces at regularly scheduled meetings. The decision of the City Council will be final. 789
10 a. In the case the request is denied by the Council, no further action is taken.
b. If the request is approved, staff will begin implementing the Naming of the public facility or outdoor space through execution of a formal agreement.

Signage
Donor or Naming acknowledgement is permitted but must be approved by the City Council prior to installation. This approval will include review of the size, subject matter, overall sign design, materials, location and placement. Signage shall comply with the Sign Ordinance (HBMC 17.50) and adhere to the City’s official logo and branding guidelines. Additionally, the following criteria must also be followed:
• Any physical form of recognition shall not interfere with visitor use or routine operations.
• The form of any on-site recognition shall:
o Be of appropriate size and color within the design scheme of the facility, Monument, Statue or public art piece;
o Not dominate the sign in terms of scale or color; and o Not detract from surroundings or any interpretive messages.

The use of corporate logos and insignias on recognition signs will be considered by the City Council for formal approval prior to installation. 790
11 Municipal Naming, Monument and Sponsorship
Quick Glance

APPROVAL

NAMING OF PUBLIC

FACILITIES AND OUTDOOR
SPACES
City Council retains sole authority to name Cityowned land, buildings, and facilities.

PLACEMENT OF

MONUMENTS, STATUES, OR

PUBLIC ART
City Council retains sole authority to allow installation of a Monument, Statue or public art to honor or
memorialize a person or family or to celebrate the
culture of the community.

SPONSORSHIP OF CITY

EVENT OR ACTIVITY
The City Manager retains authority to allow for the
Sponsorship of city operated programs. If deemed
necessary by the City Manager, the sponsorship
opportunity would be taken to the City Council for
final approval.

MEMORIAL BENCH

DONATION PROGRAM
The Public Works department accepts, reviews and
administers Memorial Bench Donation requests.
791

CONSIDERATION OF

REQUESTS FOR NAMING

CITY FACILITIES AFTER

JULIAN KATZ AND JEFF
DUCLOS
792
Overview
• Consider the formation of a sub-committee
to provide a detailed analysis and
recommendation regarding two requests
for the naming of public facilities and
public space
793

RENAMING THE HERMOSA BEACH COMMUNITY

GARDEN IN HONOR OF JEFF DUCLOS
794

FORMER MAYOR AND COUNCILMEMBER JEFF DUCLOS
• Avid surfer and environmentalist
• Leading voice for a permanent community
garden in Hermosa Beach
• Served on City Council from 2009-2019
• 40-Year Hermosa Beach resident
795

NAMING THE BIKE CORRAL ON HERMOSA AVENUE
AND 11TH STREET IN HONOR OF JULIAN KATZ
796

FOUNDING MEMBER AND PAST PRESIDENT OF THE

SOUTH BAY BICYCLE COALITION JULIAN KATZ
• Founding member and past president of
the South Bay Bicycle Coalition
• Served as Hermosa Beach Public Works
Commissioner
• Instrumental in development of South Bay
Bikeway Master Plan
797

MUNICIPAL NAMING, MONUMENT, AND

SPONSORSHIP POLICY PROCESS
Submit Request Appoint
Subcomittee
Subcommittee
makes
recommendation
Council Reviews
Recommendation
798

CONSIDERATION OF

REQUESTS FOR NAMING

CITY FACILITIES AFTER

JULIAN KATZ AND JEFF
DUCLOS
799
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
23-0249
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 25, 2023

TENTATIVE FUTURE AGENDA ITEMS
Attached is the current list of tentative future agenda items for Council’s information.

Attachments:

Tentative Future Agenda Items
City of Hermosa Beach Page 1 of 1 Printed on 4/25/2023
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April 19, 2023
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council April 25, 2023

TENTATIVE FUTURE AGENDA ITEMS
MAY 9, 2023 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
MAY 9, 2023 @ 6:00 PM

PRESENTATIONS

RECOGNIZING AYSO WESTERN STATE CHAMPIONS
RECOGNIZING MAY 2023 AS MENTAL HEALTH AWARENESS MONTH
RECOGNIZING NATIONAL POLICE WEEK MAY 14–20, 2023

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 17, 2023
Community Resources Manager Ongoing
Action Minutes of the Civil Service Board Meeting of March 15, 2023 Human Resources Manager Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for March 2023
Emergency Management
Coordinator
Ongoing
Approval of a Resolution Authorizing the Preparation of a Report for the Annual Levy of Assessments Within the Hermosa Beach Landscaping and Street Lighting District During FY 2023-2024
Public Works Director Annual
Revised Award of Construction Contract for CIP 617 Civic Center Charging Stations
Environmental Programs Manager Staff Request
Apr. 6, 2023
Adopt a Resolution of the City Council of the City of Hermosa Beach, California, Approving an Amendment to The Joint Powers Agreement with The Los Angeles Regional Agency
Environmental Programs Manager Staff Request
Apr. 12, 2023
Second Reading - An Ordinance of the City Council of the City of Hermosa Beach, California Increasing Parking Meter Rates and Finding the Same Exempt from the California Environmental Quality Act
Finance Director Council Direction
Mar. 28, 2023
Vacancies – Civil Service Board Upcoming Expiration of Terms City Clerk 4-Year Term

MUNICIPAL MATTERS
Award of contract for updating the City’s Local Hazard Mitigation Plan Emergency Management Coordinator
Staff Request
Mar. 14, 2023
Information Item on Federal Regulation and City Policy on Wireless Facilities (supported by Detoy and Francois)
City Attorney/
Community Development Director
Council Direction
Mar. 28, 2023
Report on California AB43 - New Legislation Which Gives Cities Throughout the State More Control Over Deciding How Speed Limits Should be Set and Would Allow Local Government to Lower Speed Limits by 5 MPH (Analysis on What the City Can/Can’t do and When the City can do it), (supported by Jackson, Massey and Detoy)
City Attorney Council Direction
Mar. 28, 2023
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
801
2 MAY 23, 2023 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
MAY 23, 2023 @ 6:00 PM

PRESENTATIONS

PRESENTATION FROM MADD
RECOGNIZING NATIONAL PUBLIC WORKS WEEK MAY 21–27, 2023

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report and CIP Report by Project for April 2023
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for April 2023 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of March 15, 2023
Public Works Director Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of May 16, 2023
Community Development Director Ongoing
South Bay Workforce Investment Board Quarterly Summary (3rd Quarter for FY 2022–23)
City Manager/Chris Cagle Quarterly
Approval of Special Event Long-term Agreements Community Resources Manager Staff Request Dec. 19, 2022
Endorsement of Arakelian Enterprises, Inc. (DBA Athens Services) Request for an Annual Rate Adjustment to the Maximum Rates for Solid Waste Services
Environmental Programs Manager Staff Request
Mar. 29, 2023
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
WEDNESDAY, MAY 31, 2023 @ 6:00 PM
FISCAL YEAR 2023–2024 BUDGET STUDY SESSION
802
3 WEDNESDAY, JUNE 7, 2023 @ 6:00 PM
SPECIAL MEETING:
• Applicant Interviews for Parks, Recreation and Community Resources Advisory Commission • Applicant Interviews for Planning Commission
• Appointments to the Parks, Recreation and Community Resources Advisory Commission • Appointments to the Planning Commission
JUNE 13, 2023 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
JUNE 13, 2023 @ 6:00 PM

PRESENTATIONS
PROCLAMATION DECLARING JUNE 2023 AS PRIDE MONTH IN HERMOSA BEACH

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 2, 2023
Community Resources Manager Ongoing
Action Minutes of the Civil Service Board Meeting of April 19, 2023 Human Resources Manager Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for April 2023
Emergency Management
Coordinator
Ongoing
Hermosa Beach Landscaping and Street Lighting District 2023-2024 Adoption of Resolutions Regarding the Engineer’s Report and Setting July 11, 2023 for a Public Hearing
Public Works Director Annual
Adoption of the 2023-24 Appropriations List Finance Director Annual 2021-22 Annual Comprehensive Financial Report (ACFR), (Including Report from Independent Auditors)
Finance Director Annual
PUBLIC HEARINGS – 6:30 PM
Adoption of Fiscal Year 2023-24 Budget Finance Director Annual First Reading - Ordinance to Amend the Hermosa Beach Municipal Code Section 17.04.040 and Chapter 17.21 Regarding ADUS And JAUDS Community Development Director Staff Request
Apr. 13, 2023
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
803
4 NO MEETING JUNE 27, 2023
(DARK)
JULY 11, 2023 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
JULY 11, 2023 @ 6:00 PM

PRESENTATIONS

RECOGNIZING NATIONAL PARKS AND RECREATION MONTH

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 6, 2023
Community Resources Manager Ongoing
Action Minutes of the Civil Service Board Meeting of May 17, 2023 Human Resources Manager Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for May 2023
Emergency Management
Coordinator
Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of June 20, 2023
Community Development Director Ongoing
Second reading of a Request for an Ordinance to Amend The Hermosa Beach Municipal Code Section 17.04.040 and Chapter 17.21 Regarding ADUs and JADUs.

Community Development Director Council Direction
Jun. 13, 2023
PUBLIC HEARINGS – 6:30 PM
Review Delinquent Solid Waste Collection (Refuse) Charges for Consideration of Placing Said Charges on The Property Tax Rolls as a Special Assessment Affecting Only Those Properties With Refuse Bills Delinquent as if March 31, 2022
Environmental Programs Manager Annual
Hermosa Beach Landscaping and Street Lighting District Fiscal Year 2023- 24 Public Works Director Annual
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
804
5 PENDING STRATEGIC PLAN ITEMS

STATUS /

TENTATIVE MEETING DATE
Update Personnel Policies Human Resources
Manager
Pending Labor
Negotiations/Meet & Confer
Process
Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager
This item will be addressed
through the creation of the
Volleyball Court Use Policy, to
be reviewed by City Council in
2023 (date to be determined)
Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst Community Choice Aggregation Direction, Dec. 2016 Environmental Programs Manager

PENDING NEW ITEMS

STATUS /

TENTATIVE MEETING DATE
Approval of the Municipal Lease Policy
Initiated by: Staff Request Jun. 12, 2018
Community Resources
Manager
Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization)
Initiated by: Council Direction Jul. 9, 2019
Public Works Director To be included in Revenue
Strategy Study Session (March
3, 2022). PW staff has funding
to prepare an assessment
adjustment study and will
advance that effort – it is
anticipated that the study will
take approximately 2 to 3
months to complete. If council
agrees to advance the
adjustment, it will need to go to
a city-wide ballot.

The annual assessment is
required to go to council each
year for approval and may need
to go to council separately
before the ballot vote. It was
last approved at the 7/13/2021
council meeting.

Pavement Condition Index Update
Initiated by: Staff Request Sept. 23, 2019
Public Works Director The new pavement
management plan report is
being prepared and is
anticipated to be completed in
approximately 2 to 3
months. PW staff will prepare
a staff report with the updated
document and have our
consultant available to present
the item to council.

Public Records Request Guidelines
Initiated by: Staff Request Oct. 14, 2019
City Clerk
Emergency Services Municipal Code Chapter 2.56 Update Emergency Management
Coordinator
Waiting for State to review
proposed language changes
Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020
Community
Development Director
Staff to work with BCHD to
consider appropriate timing to
return to consider a full ban
Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020
City Attorney The City will develop a
licensing agreement for
commercial uses of the City
logo as part of a comprehensive
805
6 Administrative Memorandum
(AM) on City Branding and
Logo Use by City Staff. City
staff will begin drafting the
AM after finalizing the City’s
style guide and filing its “Intent
to Use” trademark application
for the City logo with the
USPTO. As part of developing
a Licensing Agreement for the
Commercial Use of the City
Logo, staff will establish a
process for reviewing and
handling these requests. This
process will likely include the
negotiation of royalties and as
well as the preparation of a
staff report to obtain Council
approval to enter into the
agreement. Only once after the
City receives the issuance of a
Notice of Allowance from the
USPTO can it begin approving
applications for commercial
uses of the logo.

Follow-up on Mayor’s Pledge
Initiated by: Council Direction August 25, 2020
City Manager’s
Office/Police Chief
Pending proposal from Sunny
Lee
Ordinance to regulate nuisance Outdoor Lighting
Initiated by: Staff Request June 3, 2021
Community
Development Director
Council referred to Planning
Commission at June 2021
meeting, tentatively scheduled
for Planning Commission,
February 2022
An Ordinance of the City of Hermosa Beach, California, adding Chapter

12.42 to the Hermosa Beach Municipal Code to require property owners to repair the sidewalk area abutting their real property
Initiated by: Staff Request June 12, 2021
City Attorney
Update on single use plastics ordinance and resources needed to meet compliance (Supported by Massey, Campbell, Armato)
Initiated by: Council Direction October 26, 2021
Environmental Program
Manager
PLAN Hermosa 5-year check-in on milestones
(Supported by Massey, Campbell, Armato, Jackson)
Initiated by: Council Direction October 26, 2021
Community
Development
Director/Environmental
Program Manager
The next update to City
Council will be in 2026
Authorize the SBCCOG to contract for alert and warning services through Everbridge and Alert South Bay on behalf of the City of Hermosa Beach Initiated by: Staff Request January 27, 2022
Emergency
Management
Coordinator
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager
806