Hermosa Beach City Council
September 24, 2024

6.4 Acknowledgement of Professional Services Agreement
RFQ #: _________
The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers shall identify and/or indicate any exceptions to the Sample Professional Services Agreement included as Attachment 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.

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:
____________________________________________
24-002
Monique Chen, Principal

p / 36 CITY OF HERMOSA BEACH - RFQ NO. 24-022

ON-CALL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES CRA P#2024.150 Required Forms
Attention: Suja Lowenthal, City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
August 30, 2024
Dear Ms. Lowenthal:

Per this letter, CR Associates 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 RFQ No. 24-002 On-Call Transportation Planning and Traffic Engineering Services agreement dated August 30, 2024, 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,

CR ASSOCIATES
Monique Chen, TE
Principal
619.318.4664
[email protected]
RE: Mandatory COVID-19 Vaccination for City of Hermosa Beach Consultants 714 W Olympic Boulevard, Suite 609 • Los Angeles, CA 90015 • www.cramobility.com COVID Vaccination Certification

LOS ANGELES
714 W Olympic Boulevard, Suite 609
Los Angels, CA 90015

SAN DIEGO
3900 Fifth Avenue, Suite 310
San Diego, CA 92103

ASSOCIATES ASSOCIATES

STATEMENT OF QUALIFICATIONS FOR:

City of Hermosa Beach
On-Call Transportation Planning and Traffic
Engineering Services (RFQ 24-002)
GTS.240801
213-267-2332 [email protected] 11900 W Olympic Boulevard, Suite 450, Los Angeles, CA 90064 Page 1284 of 1407
City of Hermosa Beach
SUBJECT: On-Call Transportation Planning and Traffic Engineering Services in the City of Hermosa Beach, California.

Dear City of Hermosa Beach Selection Committee:

On behalf of General Technologies and Solutions (GTS), I am pleased to submit our proposal for the City of Hermosa Beach On-Call Transportation Planning and Traffic Engineering Services.

GTS provides traffic engineering, transportation planning, parking, and technology solutions for public agencies and institutions across Southern California. Our team members have worked with several cities either directly as staff members or on an on-call basis, and as such we understand the importance of responsiveness while ensuring top-quality deliverables. For this on-call, we have carefully selected a team of seasoned professionals who bring comprehensive engineering and multi-modal transportation planning services to support the City of Hermosa Beach throughout the duration of the project and the potential tasks outlined in the RFP.

As your project manager and main point of contact, I will oversee and coordinate the activities of our proposed team. I have managed various projects across Southern California. I have served in similar capacities most recently for the City of Rancho Palos Verdes (helping with traffic signal designs, signal timing, and intersection analysis), City of Hermosa Beach (assisting with traffic engineering designs and studies), City of Hawthorne (performing warrant analysis and signal designs), City of Commerce (delivering on traffic analysis and preparing HSIP and ATP grant applications), City of Glendora (carrying out signal warrant analysis and designs), City of Buena Park (peer reviewing signal synchronization plans), and City of Irvine (assisting with adaptive signal control and probe data analysis), among several others. I will be supported by the GTS team which includes Ariel Godwin, a senior planner specializing in complete streets and active transportation.

Our other team members were meticulously selected to ensure responsiveness on every task order. We have added Rock Miller, who brings over 40 years of transportation planning, design, and operations experience. He is a national expert in traffic design and safety, and will bring his signal timing expertise to this effort. We have also included Patrick Armijo on our team to provide signal systems engineering expertise building on his many years of experience working with state and local governments. Our team also includes AIM TD for data collection.

GTS experience is illustrated in the following pages, ranging from leading the Southern California Regional Integration of Intelligent Transportation Systems (RIITS) strategic plan update to smart city design services in West Hollywood, corridor signal timing plans in Glendora and Los Angeles County, and various projects utilizing emerging technologies to enhance operations and safety.

Our team’s combined experience allows us to seamlessly integrate with your staff and cover all elements of the identified transportation service areas. For a summary of our recent experience pertaining to the various services highlighted in the RFP, please refer to the following page.

If you have any questions regarding our submittal, please feel free to contact me at any time. We appreciate your consideration of the GTS team and look forward to working with the City of Hermosa Beach Sincerely,
Rawad Hani, PE, TE
11900 W Olympic Boulevard #450, Los Angeles, CA 90064
[email protected] | (213) 532-8221
P.S. We acknowledge receipt of the project addenda
Cover Letter

GTS Experience in a Nut Shell
City of Hermosa Beach RFP Requirements GTS Expereince
Development of conceptual plans and alternatives for
corridor revitalization projects, neighborhood traffic
management, bikeway improvements, and other long-term
capital improvements.

GTS has developed various conceptual plans and alternatives for revitalization projects (such as Old Torrance Revitalization and San Luis Obispo Los Osos Valley Road among others); neighborhood traffic management (such as Miraleste in Rancho Palso Verdes, LRSP in Glendora and SS4A in Irwindale), bike way improvements (in Downtown Hermosa Beach as well as the Dominguez Hills bike trail) and various long-term capital improvements such as Melrose Design Distict in West Hollywood among various others.

Develop final design plans, specifications, and cost
estimates for transportation-related projects and assist the City during construction as required.

GTS has prepared various PS&E for transportation projects ranging from the City of Carson 190th St/Victoria/Figueroa traffic signal upgrades to Arlington and Lincoln traffic signal in Torrance, Hacienda Roadway Safety Improvements in La Habra Heights, Grand and Bennett intersection in Glendora among tens of other projects.

We often provide Construction Support Service ensuring plans are constructed as designed. Our typical approach for P&E projects is presented in the following pages.

Preparation of studies, recommendations, and regulatory changes to assist in the expansion of transportation
choices.

GTS prepared numerous studies, recommendations, and regulatory changes to assist in the expansion of transportation choices. For example, in Rancho Palos Verdes we supported the City with installing bike lanes and RRFBs at various locations to promote walking and biking for various age groups. We also utilized technology (video analytics) to support with proactive safety applications such as enhancing signal operations.

In West Hollywood, GT supported with pedestrian scale designs from lighting to IRWLS and signal enhancements. GTS also assisted with various LRSP and HSIP grant applications aiming mainly at the expansion of transportation choices.

Preparation of studies, recommendation, and regulatory
changes to provide for the effective management of the
City’s parking resources and implementation of parking
programs.

GTS has carried out various parking studies from Metro’s park and ride studies to support housing development, to downtown Torrance parking management plan, California State University Domiguez Hills campus-wide parking study, and Glendale Community College facilities strategic plan parking analysis among others. We are aware of Coastal Commission parking consideration for beach communities like Hermosa Beach. Our team has developed various shared parking studies and we understand parking extends beyond supply and demand from economic development, to multi-modal transportation, demand management, enforcement and others.

Development and implementation of transportation
education, engagement, and other awareness initiatives
(i.e. Safe Routes to School, Bike Safety, Distracted Driving, etc.).

GTS has led the development and implementation of the Glendora Local Road Safety Plan, Old Torrance Systematic Safety Improvement Plan and are currently developing the Irwindale Safe Streets for All Plan. All plans focus on transportation education, engagement, and various awareness initiatives prime among which are planning for Vulnerable Road Users (VRU).

Plan/project review of private development projects and prepare or peer review traffic and/or parking studies for California Environmental Quality Act documents.

GTS has carried out plan and project reviews for various private development projects across Southern California; from Moorpark (review of traffic impact study for a multi-family residential development) to Imperial County (reviewing industrial development traffic impacts), Ontario (peer reviewing the Sports Complex VMT and traffic analysis), Redlands (Carmax peer review), among many others.

GTS has the inhouse resources for VMT analysis using SCAG model as well as operational analysis review such as Synchro, Vistro and other tools.

Cover Letter
Firm Profile
Organizational Chart
Bios of Key Staff
Relevant Experience and References
Project Management Plan
Required Forms
1) Certification of Qualifications
2) Non-Collusion Affidavit
3) Compliance with insurance requirements
4) Acknowledgement of Professional Services
Agreement
5) Covid Vaccination Certification
Rate Schedule (Separate Cover)
2 5
6 7
15 22
28 29
30 31
32 33
--
Table of Contents

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 5 Firm Profile
General Technologies and Solutions (GTS)
Point of Contact
Rawad Hani (Principal/Owner) - 213 532 8221
11900 W Olympic Boulevard #450, Los Angeles, CA 90064
Type of Entity California LLC
FEIN 82 160 2943
GTS provides mobility solutions for all road uses: pedestrian, bicycle, transit, auto, and freight modes.

We employ state-of-the-art technologies to provide innovation in:

GTS was established in 2017 with the goal of helping public agencies leverage advanced technology in transportation. We believe in the power of technology to effect meaningful change in our local neighborhoods and communities. Smart cities are the future, offering unlimited opportunities for smart government technology.

GTS brings together our understanding of smart technology solutions (what’s on the horizon) with community needs and goals (what’s in demand).

At GTS results matter as much as the way getting there. We support our clients throughout the whole project lifecycle, including communicating mobility initiatives, technology goals, and strategies to stakeholders at all levels.

GTS currently works across Southern California from Orange County to Los Angeles County, San Bernardino County, Riverside County and Imperial County, and the cities of Hermosa Beach, Redondo Beach, Rancho Palos Verdes, Torrance, Carson, Hawthorne,Irvine, Alendora, West Hollywood, Santa Monica among others on transportation engineering design and planning tasks ranging from grant applications to smart city solutions, revitalization plans, systems engineering, safety studies, traffic calming, signing and striping, traffic signal design and modification, and data analytics among others.

GTS has served in similar capacities for various cities most recently for the City of Rancho Palos Verdes (supporting on traffic calming, school access, intersection analysis, and plan review among others), City of Hermosa Beach (providing traffic engineering designs and studies), City of Hawthorne (carrying out signal warrant analysis), and City of Glendora (supporting on signal timing and designs). Our project manager for this on-call has also served many cities on an on-call basis; Rawad worked with the City of Commerce (delivering on traffic analysis and preparing HSIP and ATP grant applications), City of Buena Park (peer reviewing signal synchronization plans), City of Irvine (assisting with adaptive signal control and probe data analysis), and City of West Hollywood (carrying out parking studies) among several others.

Our key team members have been providing services similar to thse requird in the RFP for over 20 years. GTS has never failedd or refused to complete a contract.

Traffic Engineering
Systems Engineering
Multi-modal Planning
Parking

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 6 Organizational Chart
*Licenses:

Rawad Hani: 83730 (Civil Engineer - CA); 2817 (Traffic Engineer - CA) Rock Miller: 29493 (Civil Engineer - CA); 1139 (Traffic Engineer - CA); PTOE Patrick Armijo: 44201 (Civil Engineer - WA)
Chaouki A. Hosn: 14083 (Electrical Engineer - CA)
GTS Team Memebrs
GTS Sub-Consultants

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 7 Bios of Key Staff
The following is a brief introduction to the key personnel:

Rawad Hani, PE, TE, RSP1, PTOE | Role: Project Manager
Rawad is a licensed civil and traffic engineer with over 22 years of experience in traffic engineering and transportation planning. Rawad carried out various projects similar in scope to the project under consideration and understands the importance of communications and timely follow through the success of on-call projects.

He will be principally responsible for working with the City as the main point of contact for this project, and will manage day-to-day activities of the project team. Rawad is authorized to negotiate the contract on behalf of GTS.

Ariel Godwin, AICP | Role: Senior Planner / Outreach
Ariel is a certified Urban and Regional Planner with over 16 years of experience in community planning, transportation/mobility planning, design, GIS, and project management. Ariel has worked on a wide variety of projects from Complete Streets policy development to regional ITS and congestion management strategies, and will lead on traffic analysis tasks.

Chaouki A. Hosn, EE | Role: Electrical Systems Engineer Chaouki is a registered electrical engineer with over 34 years of experience working with the private and public sectors, specializing in high and low voltage design for infrastructure projects. Chaouki will lead on any EV charging and street lighting tasks as needed, as well as utility coordinations.

Cassandra Garcia, EIT | Role: Design Engineer
Cassandra will provide traffic engineering and design services ranging from signal designs to signing and striping, traffic control plans, and street lighting.

Sabrina Mamo | Role: Senior Transportation Engineer
Sabrina is a highly accomplished transportation engineer with a background in project management and traffic engineering design. Her management responsibilities include overseeing cost estimates, grant assistance, and CAD management, while ensuring quality control for models, plans, and sketches. Her experience spans corridor analysis, adaptive signal plans, pedestrian facilities, and roadway design.

Rudy Garcia, EIT | Role: Traffic Analysis
Rudy is an experienced Transportation Engineer with more than 10 years of experience in the design and studies of transportation systems, specializing in traffic impact studies, parking, and feasibility studies. Rudy will support on traffic analysis tasks.

April Krawiec, EIT | Role: Design Engineer
April is a transportation engineer who has worked on projects across Southern California, carrying out traffic signal design, pavement delineation plans, signing & striping plans, and ITS plans, among others.

Ryan Meller | Role: Transportation Planner
Ryan will provide transportation planning support services on traffic impact studies and VMT analysis. An organization chart and one-page resume of each of our key team members are included in the following pages.

Rock Miller, PE, TE, PTOE | Role: Active Transportation, Safety and Outreach Rock is a registered civil and traffic engineer with more than 40 years of transportation planning, design, and operations experience. Rock will build on his expertise in active transportation planning with similar projects to advise on the pedestrian, bicycle, and safety planning and design aspects and will support in reviewing final plans and public engagement/outreach.

Patrick Armijo, PE, PEng | Role: Signal Operations
Patrick is a professional engineer with 30 years of experience exclusively in traffic signal systems, operations, and signal timings. Patrick will provide signal systems engineering expertise building on his many years of experience working with state and local governments.

RAWAD HANI PE, TE

PROJECT MANAGER

EDUCATION

REGISTRATIONS

AREAS OF EXPERTISE
• BE Civil Engineering,
American University
• MS Civil Engineering,
American University
• Civil Engineer in CA, WA,
and FL
• Traffic Engineer in CA
• PTOE - Professional Traffic
Operations Engineer
• PTP - Professional
Transportation Planner
• RSP1 - Road Safety
Professional 1
• Traffic Engineering
• Parking Analysis
• Transportation Planning
• Transportation Technology
Applications

PROFILE

EXPERIENCE
Rawad is a traffic engineer and transportation planner with over 22 years of experience. He specializes in traffic engineering, parking analysis, demand modeling, and technology applications. Rawad has managed engineering design projects in the US and internationally where he advised public, private, and institutional clients. His recent experience includes assisting local governments across Southern California with ITS plans, traffic studies, and signal and street lighting designs. His on-call project experience includes the cities of Hermosa Beach, Irvine, Buena Park, Commerce, Santa Monica, and Glendora among others. Rawad understands the importance of striking the right balance between engineering (mobility and safety) and planning (livability and sustainability) considerations. He has worked on context-sensitive design projects and has helped planning and transportation agencies achieve effective solutions. • City of Rancho Palos Verdes Transportation and Traffic Engineering On-Call, City of Rancho Palos Verdes On-Call
• Hermosa Beach On-Call Traffic Control Plans and Striping, City of Hermosa Beach On-Call
• City of Irvine Adaptive Signal Control Pilot and Probe Data Analysis, City of Irvine On-Call
• City of Commerce MixMaster Analysis and Alternatives Design, City of Commerce On-Call
• Orange County Fire Authority Signal Designs, City of Mission Viejo and City of Anaheim
• City of Glendora On-Call (Signal Timing and Design), Glendora, CA • City of Burbank On-Call (Signing and Striping Design), Burbank, CA • City of Villa Park Rectangular Rapid Flashing Beacon and Signing and Striping Designs
• Melrose Design District Fiber Communications and Smart City Design Services, City of West Hollywood
• San Juan Creek Road at La Noiva Ave Traffic Signal Modification, City of San Juan Capistrano
• Foothill Blvd and Oak Tree Dr Warrant Analysis, City of Glendora On-Call • Artesia Blvd and Knott Ave Signal Synchronization Review, City of Buena Park On-Call
• City of Hawthorne On-Call, Warrant Analysis and Feasibility Studies, Hawthorne, CA
• City of Norwalk Rosecrans Ave and San Antonio Dr Traffic Control Plans • 20th Street Pedestrian and Bicycle Connection (ATP), City of Santa Monica/ Caltrans
• San Bernardino Traffic Signal Upgrade PS&E Services (HSIP), San Bernardino, CA
• Carson Dominguez Channel and Figueroa St/Victoria St Intersection (HSIP), Carson, CA
• La Habra Heights HSIP Grant Applications, La Habra, CA • Buena Park HSIP Grant Application, Buena Park, CA

Ariel Godwin AICP

SENIOR PLANNER / OUTREACH

PROFILE

EXPERIENCE
Ariel is a transportation planner with over 16 years of experience in planning, design, and project management. Throughout a career focused on multimodal planning and transportation safety, he has worked on a wide variety of projects, from Complete Streets policy development to pedestrian and bicycle plans to congestion management strategies. His recent experience includes assisting local governments with creative solutions to address unique traffic safety issues, as well as advising on regional transit systems, pedestrian connectivity, and shared parking.

EDUCATION

CERTIFICATIONS

AREAS OF EXPERTISE
AWARDS
• Master of City and
Regional Planning, Ohio
State University
• BA, Grinnell College
• AICP (American Institute
of Certified Planners)
• Traffic Safety Analysis
• Pedestrian & Bicycle
Planning & Design
• Complete Streets Policies
• GIS & Mapping
• Georgia Planning Service
Award, 2021
• NADO Impact Award –
City of Douglas Sidewalk
Master Plan, 2020.
• NADO Impact Award –
City of Nicholls Zoning
Code, 2019.
• NADO Innovation Award
–Tifton Pedestrian
Connectivity Plan, 2018.
• Glendora Local Road Safety Plan - Oversaw data analytics, project prioritization, and HSIP grant application
• City of RPV Intersection Near-Miss Analysis - Lead Data Analyst • Los Osos Valley Road (San Luis Obispo) Corridor Safety Improvements - Project Manager
• Palos Verdes Peninsula School Traffic Safety Improvement Plans - Planning Lead and Traffic Calming Specialist
• California State University Dominguez Hills, Pedestrian Safety & Connectivity Plan - Planning Lead and GIS Analyst
• Rancho Palos Verdes Crash Database - Data Manager & QA/QC • RPV Neighborhood Traffic Calming Plans - Planning Lead • Sunset4All Street Redesign - Cross-sections and site visits • Miraleste Corridor Safety Improvements - Planning Lead and Traffic Safet Specialist
• Hermosa Beach Road Diet and Dining Decks - Safety Analyst • Downtown Torrance Revitalization Plan - Multi-modal Planner • Valdosta MPO Complete Streets Policy - Project Manager • Valdosta MPO High-Injury Network Analysis - Lead Analyst • Columbus (Ohio) Bicycle & Pedestrian Safety - Lead Analyst • MORPC (Columbus, OH) Complete Streets Initiative - Policy Analyst • Godwin, Ariel and Anne M. Price. 2016. “Bicycling and Walking in the Southeast USA: Why is it Rare and Risky?” Journal of Transport & Health (3): 26-37. • Godwin, Ariel and Anne M. Price. 2016. “Bicyclists on Sidewalks: Why They’re Not Going Away and What We Can Do About It.” Planetizen feature article. http://www.planetizen.com/node/84910.
• Godwin, Ariel and Anne M. Price. 2012. “Mapping Transportation and Health in the United States” Planetizen feature article. http://www.planetizen.com/ node/53728.
• Godwin, Ariel. 2012. “Are Amoeba-Shaped Cities More Likely to Go Bankrupt?” Planetizen feature article. http://www.planetizen.com/node/58658.

PUBLICATIONS

CHAOUKI A. HOSN EE

ELECTRICAL SYSTEMS ENGINEER

EDUCATION

REGISTRATIONS

AREAS OF EXPERTISE
• BS Electrical Engineering,
University of Washington,
(Seattle, WA)
• Electrical Engineer in CA
• Street Lighting
• Power and Lighting
• Layout Design
• EV Charging Stations
• Lighting Photometric
• Dry Utility Services
• Design Management

PROFILE

EXPERIENCE
Chaouki is a California registered Electrical Engineer, specializing in high and low voltage design for infrastructure projects. His experience includes street lighting design, lighting photometric, communication infrastructure, dry utility services as well as the electrical design for parking lots lighting design. He has designed several electric vehicle charging stations as well as electrical infrastructure designs for commercial, industrial facilities, and residential facilities. Chaouki has over 34 years of experience working with the private and public sectors mostly with the City of Los Angeles Harbor Department and as such he understands first hand the demands placed on the local agency staff. He works collaboratively with utility owners and local agencies to ensure on-going communications and timely delivery of projects.
• Emergency Shelter Parking Lot, Pomona, CA – Design Manager: Light poles layout, conduit and wires, communication, lighting photometric, load calculations, specifications, and cost estimate.
• Santa Monica 20th Street Connection, Santa Monica, CA – Electrical Design Manager: Laying out pedestrian and bicycle lighting along with complete infrastructure design, new SCE services, specifications and cost estimate.

Project is in Caltrans right of way and involved working closely with Caltrans. • Palm Ave Street Lighting Design, Upland, CA – Design Manager: street lighting improvement along Palm Ave between West 9th Street and Alpine Street in compliance with ANSI/IES RFP-8-14 roadway lighting, which includes street light poles layout, conduit and wires, communication, lighting photometric, load calculations, specifications, and cost estimate.
• Melrose Complete Street Design, West Hollywood, CA – Design Manager:
(12) EV charging level II stations along streets, which includes power and communication infrastructures, new SCE services and charge point platform for billing. Advising on smart pole designs.
• Lincoln and Arlington Street Lighting and Undergrounding, Torrance, CA – Design Manager: utility pole relocations, undergrounding, new SCE services, load calculations.
• Navy Way Street Lighting, Port of Los Angeles – Design Engineer: lighting and undergrounding design for the 3-mile roadway that included photometric, utility coordination, light poles layout, load calculations, specifications, and cost estimate. LED was later installed.
• Various Dry utility services, SCE rule 20B, parking lot lighting, and complete electrical infrastructure for various development projects across Southern California (Pasadena, Colton, Carlsbad, San Clemente, Dana Point, Newport Beach, San Diego, Long Beach among others.)

CASSANDRA GARCIA EIT

TRAFFIC ENGINEER

PROFILE

EXPERIENCE
Cassandra provides traffic engineering and design services ranging from signal designs to signing and striping, traffic control plans, and street lighting. Her recent experience includes the collection of data and creation of design plans for resurfacing projects, bike path projects, and traffic signal upgrade projects.

Cassandra strives to improve communities through implementation of safe and effective methods of transportation.

EDUCATION
SKILLS

MEMBERSHIPS
• Bachelor of Civil
Engineering, California
State Polytechnic
University, Pomona
• EIT (Engineer-In-Training)
• Computer-Aided Design
• WEHO Melrose, West Hollywood, CA. Performed field visit and created base plans for multiple signalized intersections within the city of West Hollywood. • Burbank Road Resurfacing Project (Phase I & II), Burbank, CA. Worked on creating signing and striping plans as well as loop replacement plans for multiple corridors pending resurfacing within the city of Burbank. • Colton Speed Study, Colton, CA. Assisted in the collection of data and preparation of documents for a speed study within city of Colton.
• RPV On-Call, Rancho Palos Verdes, CA. Worked on multiple signing and striping improvement plans, collision diagrams, and traffic signal plans for four Rectangular Rapid Flashing Beacon (RRFB) crossing locations. • Glendora LRSP, Glendora, CA. Set up a site for the collection of stakeholder comments and analyzed collision data to form a report and develop a list of viable countermeasures to be used in a HSIP application. • San Bernardino Traffic Signal Hardware Upgrade, San Bernardino, CA. Created plans for the relocation, replacement and/or upgrade of traffic signal equipment including vehicle heads, pedestrian heads, and pedestrian push buttons for multiple intersections in the San Bernardino region.
• Carson Signal Design, Carson, CA. Performed a field visit and prepared plans for the installation of poles, curbs, video detection cameras and other traffic signal equipment at an intersection within the city of Carson. • Carson On-Call, Carson, CA. Performed a field visit along multiple corridors for the purpose of implementing bike routes and bike lanes to join disconnected portions of the Dominguez Channel Bike Path. Created signing and striping plans for all connecting sections along the channel and paved street roads. • LHH Signal Design, La Habra Heights, CA. Created signing and striping plans for all Hacienda Road within La Habra Heights city limits and assisted with traffic signal design plans.
• CSULB SS, Long Beach, CA. Created signing and striping for stop-controlled intersection within California State University, Long Beach. • Norwalk TCP, Norwalk, CA. Developed traffic control plans within Caltrans rightof-way for the purpose of utility installation.

SABRINA MAMO

SENIOR TRANSPORTATION ENGINEER

PROFILE

EXPERIENCE
Sabrina is a highly accomplished transportation engineer with a background in project management and traffic engineering design. Her management responsibilities include overseeing cost estimates, grant assistance, and CAD management, while ensuring quality control for models, plans, and sketches.

She has successfully guided conceptual designs and demonstrated forwardthinking in addressing future design needs. Sabrina’s diverse experience spans corridor analysis, adaptive signal plans, pedestrian facilities, and roadway design.

Additionally, Sabrina’s commitment to the profession extends beyond technical skills; she actively engages in leadership roles within professional organizations, contributing to mentorship programs and community initiatives.

EDUCATION
SKILLS

MEMBERSHIPS
• BS Civil Engineering,
University of South Florida
• Traffic Signals
• Traffic Control/MPT
• Roadway
• Specialized Signage
Conceptual Design
• Alternative Analysis
• Intelligent Transportation
Systems Project
Management
• Data Collection
• Report Writing
• Traffic Analysis
• Team Management
• ASCE YMF Board Member
(2021-2023)
• ASCE, MOASIC
Corresponding Member
(2022-2023)
• WTS Member (2018-2023)
• MASITE Member
(2021-2023)
• Oceanside Boulevard Signals for Private Development, Oceanside, CA Adjusted signal traffic designs to meet clients needs to two signals on Sports Park Way/W. Bobier Drive and Melrose Drive/Oceanside Boulevard. • Oceanside On-call, Oceanside, CA - The on-call supported several traffic engineering tasks for Oceanside, CA, such as parking, signage, sight distance and traffic calming measures.
• Poway On-call, Poway, CA - The on-call supported Poway on several traffic engineering tasks for Poway, CA. This on-call supported as a traffic division for Poway and would support the city on traffic calming, speed review, parking, signal design and timing adjustments, leading pedestrian initiative, land development traffic review, and meeting material preparation for traffic safety committee. • Warminster Township Signals, Warminster, PA - Responsibilities: As-built plans, specialized sign design, ITERIS coordination, cabinet signal timings review, client meetings, track hours, and conduct field inspections. • Freemansburg Streetscape, Freemansburg, PA - Responsibilities: Cost estimate and accompanying visual report, grant assistance, OpenRoads CAD Management, QA/QC on all models, plans and sketches and management of staff hours, OpenRoads Team Lead and conceptual design, lighting, signage, parking evaluation, and pedestrian study.
• Boot Road Corridor, West Goshen, PA - Responsibilities: Developed Synchro corridor, client communication, assisted with minor PM tasks for preliminary design, performed analternative analysis, pavement markings plans, SignCAD specialized signs, roadway QA/QC, and erosion and sediment control. • Bus Rapid Transit, Pittsburgh, PA - Responsibilities: Mast arm design, pedestrian facilities, signal design, signage design, span wire calculations, and bike lane design.
• PA 309 Connector, Kulpsville, PA - Responsibilities: Permit and construction signal plans from design to fullbuild. This entailed signal calculations, adaptive signal plans, pedestrian facilities, and sign design.
• Riverpoint Industrial Park, Upper Mount Bethel, PA - Responsibilities: Traffic impact studies, traffic signal calculations, guiderail calculations, and all development plans (signals, lighting, roadway, parking, and truck circulation). • SR 611 and SR 512 Intersection Design, Upper Mount Bethel, PA - Responsibilities: Permit signal design, client coordination, QA/QC of plans and minor roadway design assistance.

ROCK E. MILLER PE, TE

ACTIVE TRANSPORTATION, SAFETY AND OUTREACH

EDUCATION

REGISTRATIONS

MEMBERSHIPS
• MS Civil Engineering,
UC Davis
• BS Civil Engineering,
UC Davis
• Civil Engineer in CA and HI
• Traffic Engineer in CA
• PTOE - Professional
• Traffic Operations Engineer
• Voting Member, National
Committee on Uniform
Traffic Control Devices
• International President,
2012, Institute of
Transportation Engineers
• Member, Association of
Pedestrian and Bicycle
Professionals
• Member, American Society
of Civil Engineers
• Past Section and District
President, Institute of
Transportation Engineers
• Fellow, Institute of
Transportation Engineers

PROFILE

EXPERIENCE
Rock is a registered Civil Engineer and Traffic Engineer in the State of California with more than 40 years of transportation planning, design, and operations experience. He is an expert in the latest capabilities and requirements available and expected from cities and municipal governments. For more than 25 years, Rock has been a consultant at the senior or principal level in the field of traffic engineering, traffic safety, and circulation design. He also has 10 years of public agency experience serving as City Traffic Engineer for Costa Mesa and staff traffic engineer with the County of Orange.

Rock has completed a wide variety of unique transportation projects,including traffic signals, signing and striping, street lighting, work site traffic control, traffic impact analysis, and the design of street and highway improvements. He has also prepared many transportation policy plans and completed controversial and complex transportation studies, including neighborhood traffic calming projects, complete streets, pedestrian and bicycle studies, projects anticipating litigation by another public agency, and projects with intense public opposition. Rock is a national expert in the traffic design and safety for walking and ur ban bicycling infrastructure. He has frequently been an invited speaker to regional and national conferences and committees on many topics, including pedestrian circulation, innovative bikeway design, traffic calming, and transportation policy. Rock served as International President of the 15,000 member Institute of Transportation Engineers (ITE) in 2012. He is a Professional Engineer (Civil) and Professional Engineer (Traffic) in the State of California and a Certified Professional Traffic Operations Engineer by the Institute of Transportation Engineers.

Rock has extensive experience in leading neighborhood traffic management plans. He has led such studies for over ten communities.His role is key as the leader of public outreach efforts for this type of studies, taking advantage of his effective presentation style in public workshops and events. Some of the larger studies of this type are highlighted below and a more extensive resume can be provided upon request:
• City of La Quinta Roundabout Designs
• CV Link Multi-Purpose Trail, Coachella Valley, California • Rancho Mirage Bikeway Design Assistance, Rancho Mirage California • Newport Heights Neighborhood Traffic Management Plan, Newport Beach, California
• Los Alamitos Neighborhood Traffic Plan, Los Alamitos CA • Town of Piru Traffic Management Plan, Ventura County, CA • Fillmore River Street Traffic Circles, Fillmore, California • Berkeley Street Traffic Calming Project, Santa Monica, CA • Vista Avenue Bicycle Boulevard, Long Beach, California

PATRICK ARMIJO PE, PEng

SIGNAL OPERATIONS EXPERT

EDUCATION

REGISTRATIONS

AREAS OF EXPERTISE
• BS Civil Engineering,
California State University,
Sacramento
• Professional Engineer in
WA and Alberta, Canada
• Institute of Transportation
Engineers
• International Municipal
Signals Association

PROFILE

EXPERIENCE
Patrick Armijo is a Professional Engineer with about 30 years of experience in the public and private sectors. His experience includes: municipal infrastructure management; supervising traffic signal and railroad signal operations engineering staff and signal maintenance crews; traffic signal timing; traffic signal design; traffic signal construction; ITS operations; TMC operations and design; highway design; bridge and roadway construction; railway crossing signal operations; community lighting; capital Improvement program budgeting; and writing requests for proposals.
• Light Rail Signals Supervisor at Santa Clara Valley Transportation Authority:

Plan, schedule, and supervise inspections, maintenance, and repair of signaling, crossing equipment, and rail safety systems. Conduct safety training and monitor crew performance to ensure safe work practices, procedures and compliance with FRA and CPUC regulations.Evaluate traffic signal RR preemption and crossing safety. Advise VTA on intelligent transportation systems and transit system priority.
• Technical Director, Intelligent Transportation Systems at Western Pacific Signal, San Leandro, California: Advanced Traffic Management System client liaison, advanced technical support, training, and proposal director. Projects included adaptive traffic signal operations, transit signal priority, connected vehicle research, railroad crossing signal preemption, and traffic management center design.
• Project Manager at ADVANTEC Consulting Engineers, Irvine, California: Traffic signal timing, traffic signal synchronization and railroad preemption signal timing: Orange County (OCTA), San Bernardino Association of Governments (SANBAG), Metropolitan Transportation Commission (MTC), Caltrans and City of Glendale.
• Traffic Signals/Railroad Signals Manager at City of Lethbridge, Alberta, Canada:

Managed and supervised the traffic signal department for the City of Lethbridge.

The staff included a traffic signal operations engineer, five traffic signal/railroad signal electricians. Served as Project Manager on new traffic signal designs and construction projects. Managed traffic signal synchronization projects.

Supervised and approved upgrades to traffic signal infrastructure such as signal interconnect, cabinets, controllers, vehicle detection systems, emergency vehicle preemption systems, speed enforcement/red light running camera systems, and Battery Back Up units.
• Traffic Signals Operations Engineer at Washington State Department of Transportation: Managed traffic signal operations for over 250 state, county, and municipal traffic signals for 18 years. Developed traffic signal timing and signal coordination plans. Conducted traffic accident analysis and recommended safety mitigation measures. Experience with transit system priority programming and traffic signal railroad preemption timing development.

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 15 Relevant Experiences and References
City of Hermosa Beach Transportation Planning and Traffic Engineering On-Call (2019-Ongoing) GTS is providing transportation planning and traffic engineering on-call services to the City of Hermosa Beach.

We assisted the City in its COVID-19 relief efforts to support small businesses by providing traffic engineering design services.

GTS produced plans, specifications and estimates (PS&E) for road re-purposing and installing Class II bicycle facilities in the downtown area (Hermosa Ave and Pier Ave) to provide space for walking, biking, and outdoor dining while ensuring social distancing. At the time of this proposal we have provided the design of over seventeen parklets and carried out the traffic engineering feasibility study of closing a right turn slip lane.

Contracting Agency: City of Hermosa Beach
Reference Information: Douglas Krauss | Project Manager | [email protected] | 310.750.3603 Staff: Rawad Hani, Cassandra Garcia, Ariel Godwin
Estimated Fee: $60,000
City of Hawthorne On-Call, Warrant Analysis and Feasibility Studies (2022-Ongoing) GTS supported the City of Hawthorne (as part of the on-call) in carrying out traffic signal warrants studies at three intersections of Freeman Ave & 118th St, 126th St & Birch Ave, and Kornblum Ave & 120th St. The purpose of the analysis was to determine whether a traffic signal should be installed at the currently stop-controlled intersections based on the analysis of the traffic signal warrants contained in the California Manual of Uniform Traffic Control Devices (CA MUTCD). GTS carried out site visits, data collection, warrant analysis, feasibility studies, and technical documentation.

Contracting Agency: City of Hawthorne
Reference Information: DJ Dweejal (DJ) Torado, T.E. | Assistant Engineer |[email protected] | (310) 349-2987
Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $40,000
City of Rancho Palos Verdes Transportation and Traffic Engineering On-Call (2021-Ongoing)
GTS is providing transportation and traffic engineering on-call services to the City of Rancho Palos Verdes. Our services range from studies to designs to responding to citizen requests. We often assist the City with stop-warrant analysis, speed surveys, signage and pavement marking designs among several other tasks. GTS worked with the City on the traffic signal design review at the intersection of Palos Verdes Drive E & Palos GTS have been an absolute pleasure to work with. They have been extremely responsive, especially during the difficult period of the pandemic. They are a very knowledgeable and capable consulting firm and have proven to be very effective. They came through during a difficult time to assist our city with a very challenging project and has continued to be a tremendous resource and partner in this and other projects. - Douglas Krauss, Project Manager (City of Hermosa Beach)

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 16 Verdes Drive S. The scope includes presenting recommendations to enhance the aesthetics at said location by presenting features that better blend with the surroundings.

GTS also assisted with the traffic engineering and circulation analysis for several schools in Rancho Palos Verdes (Silver Spur Elementary, Soleado Elementary, Ridgecrest Intermediate, and Vista Grande Elementary).

Our scope of work included working jointly with the City and the schools to confirm the current challenges through site observations of the drop-off and pick-up areas and surrounding streets, analysis of the prevailing conditions and providing recommendations for improvement, and documentation of findings. The results of the analysis will be consolidated in single circulation plan/flyer that can be distributed to families and staff.

Contracting Agency: City of Rancho Palos Verdes
Reference Information: Ramzi Awwad | Public Works Director | [email protected] | 310.544.5275 Staff: Rawad Hani, Ariel Godwin, Cassandra Garcia, Sabrina Mamo, Patrick Armijo Estimated Fee: $400,000
Glendora Route 66 Signal Timing and Coordination (2023-Ongoing) GTS developed the signal timing and coordination plans for Route 66 within the City of Glendora. The project of 13 signalized intersections also included signal equipment upgrades at various intersections. GTS scope comprised of field observations and data review, traffic data collection, Synchro and Simtraffic modeling, developing signal timing sheets, and implementation support. The proposed signal timing parameters included yellow times, all-red times, walk times, flashing don’t walk times, minimum greens, lead/lad phasing, and sync phases for each study intersection. Additional timing parameters, such as minimum bicycle timings, yellow timing for left turn, and through movements, were also calculated per the CA-MUTCD. Plans were developed for the AM Peak, PM Peak, and off-peak periods.

Contracting Agency: City of Glendora
Contact Information: Maliha Ansari | Principal Engineer | [email protected] | 626.914.8294 Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $ 60,000
Burbank Resurfacing Program - Signing & Striping Restoration and Loop Replacement Plans (2020-2021) GTS supported the City of Burbank with the Phase X resurfacing program (for Zones 9, 10, 11, & 12) which includes over 22 roadway miles. GTS utilized aerial imagery and performed field review prior to the base and design preparation. The striping restoration utilized (when available) as-built and roadway rehabilitation plans and included field reviews for lane widths, locations of speed bumps, fire hydrants, etc. The City is leveraging the roadway resurfacing program to add bike lanes as well as crosswalks at various locations. GTS also prepared the loop restoration for 18 signalized intersections that were impacted by the road rehabilitation.

Contracting Agency: City of Burbank
Reference Information: Artin Megerdichian | Principal Civil Engineer | [email protected] | 818.238.3943
Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $200,000
GTS has done an excellent job for the City of Rancho Palos Verdes. They have always responded to our needs in a timely manner. Their analyses are rooted in traffic engineering best practices while also being practical. I recommend GTS to any public works department. - Ramzi Awwad, Public Works Director (City of Rancho Palos Verdes)

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 17 City of San Bernardino Traffic Signal Upgrade PS&E Services (2020-2021) GTS provided traffic engineering signal upgrade services for 40 of the 224 signalized intersections in the City of San Bernardino where various safety, operational, and accessibility upgrades are required. This HSIP-funded project will replace or install new equipment to the existing traffic signal system which include traffic signal head improvements, pedestrian signal head improvements, and pedestrian pushbutton improvements among others.

Contracting Agency: City of San Bernardino (GTS is a sub to Kimley-Horn) Reference Information: Azzam Jabsheh | City Traffic Engineer | [email protected] | 909.384.7272 Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $60,000
Eastern Avenue TSSP and Myrtle Avenue TSSP, County of Los Angeles (2021-Ongoing) GTS is carrying out the signal design for intersections along Eastern Avenue and Myrtle Avenue. The projects include the completion of a field review/inventory package, recommendation improvement reports, traffic signal base plans, utility plans, improvement plans, and engineer’s cost estimate for the specified intersections.

Client: Los Angeles County
Reference Information: Marc Violett | Michael Baker | 949.855.3607 | [email protected]; Jean Fares | Senior Vice President, Kimley-Horn | 213.354.9402 | [email protected] Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $20,000
City of La Habra Heights Hacienda Rd Traffic Signal and Safety Improvements (2022-Ongoing) GTS is providing road safety improvement design services and recommendations for Hacienda Rd in the City of La Habra Heights, including a new traffic signal at the intersection of Hacienda Rd and Avocado Crest Rd. This HSIPfunded project will provide traffic signal improvements including complete traffic signal system, new cabinet and controller, providing interconnect capabilities, mast arms, backup batteries, installing vehicle detection video cameras, providing advanced dilemma zone detection, stripping, and providing signal timing for efficient vehicular movement.

Contracting Agency: City of La Habra Heights
Reference Information: Rafferty Wooldridge | Interim City Manager | 562-694-6302 | [email protected] Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $80,000
Traffic Signal Design of Figueroa St and Victoria St / 190th Street (2020-2021) GTS provided traffic engineering signal upgrade services for the signalized intersection of Figueroa St and Victoria St / 190th St in the City of Carson. GTS carried out various safety, operational, and accessibility upgrades as part of this design. This HSIP-funded project will provide protected left-turn signal phases at all legs of the subject intersection, safety improvements for road users and pedestrians, and ADA-compliant curb ramp design.

The design services included coordination with the City of Los Angeles (which has shared jurisdiction at the intersection) as well as with Caltrans for funding administration purposes.

Contracting Agency: City of Carson
Reference Information: Gilbert M. Marquez, P.E. | City Engineer | Tel: (310) 952-1700 | [email protected] Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $35,000
Melrose Design District Smart City Design Services (2020-2021) As part of this Melrose Design District complete streets project in the City of West Hollywood, GTS is providing traffic engineering, optic communications, and electric engineering design services. GTS supported Phase 1 of the project by providing EV charging stations design as well as fiber optic design, and was retained for Phase 2 (NW Quad) to also provide signal designs, IRWL’s, and street lighting. The GTS scope includes the following services:
• Traffic Signal and Highway Safety Light Improvement Plans including detailed design of traffic signal systems and highway safety light systems at the controlled intersections. This includes all signal elements from pedestrian buttons and counters to footings, electroliers, luminaires, signal light equipment, arms, pullboxes, conduit,

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 18 conductors, cabinets, meters, circuitry, signage, loop detection/video detection, etc. • In-Roadway Warning Light (IRWL) System Improvement Plans detailing in-roadway warning lights at the intersections. This includes LED edge-lit signs, push button activation technology, and either hard-wired or solar power sources.
• Fiber Optic & Smart Street Improvement Plans to design construction plans detailing fiber optic system for the entire lengths of all streets that will connect all traffic signal systems, wifi systems, smart street system, bus shelters/totems, and the digital wayfinding signs.
• Street Lighting Improvement Plans to design construction plans detailing street lights/pedestrian lights occurring in the sidewalk/parkway zone. This includes the existing street light banners being rehung on the new street lights with new assemblies.
• EV Charging Improvement Plans detailing EV chargers occurring in the sidewalk/parkway zone for curbside parking. This includes 8’ tall ChargePoint Level 2 chargers (mostly dual chargers).

Client: Kabbara Engineering
Reference Information: Leah Kabbara | Project Manager | [email protected] | 714.744.9400 Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $230,000
Anaheim Gene Autry Way Fire Station Traffic Signal Modification, Anaheim, CA (2023-Ongoing) GTS is preparing the traffic signal modification for the St. College/Gene Autry Way intersection (immediately abutting the fire station to the southwest) to accommodate the proposed street improvements and project conditions of approval. The signal will be modified in accordance with City of Anaheim Emergency Vehicle Preemption (EVP) Standards with a preemptive signal switch installed within the station apparatus bay. The traffic signal plan will be designed at a scale of 1”=20’ per the City standards, Caltrans Standard Plans and other agreed-upon engineering standards and requirements.

Client: BKF Engineers
Reference Information: Vincent Lin | Senior Project Engineer | [email protected] | 949.526.8487 Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $12,000
Rectangular Rapid Flashing Beacon Design at Nichols Ave and Serrano Ave, Villa Park, CA (2023) GTS carried out the Rectangular Rapid Flashing Beacon (RRFB) design for Nichols Avenue and Serrano Avenue in the City of Villa Park. The scope included researching existing as-built plans, conducting a field review to verify the existing improvements, and preparing an intersection base plan at a scale of 1”=20’. The base plan showed centerlines, right of way lines, existing and proposed street improvements, utilities of record, and existing traffic controls and improvements. Recommendations were provided for the proposed installation or relocation of equipment and signs. The plan and Electrical Special Provisions were prepared per City of Villa Park standards and requirements.

Client: Kabbara Engineering
Reference Information: Leah Kabbara | Project Manager | [email protected] | 714.744.9400 Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $10,000
RIITS Strategic Plan Update and Roadmap (2021-Ongoing)
GTS is leading the Southern California Regional Integration of Intelligent Transportation Systems (RIITS) Strategic Plan Update and Roadmap. The RIITS program is managed by Metro and facilities data collection and dissemination between multimodal agencies and partners through a system infrastructure consisting of a data management system and telecommunication network. The purpose of RIITS is to deliver multimodal transportation information services through a flexible platform to achieve regional mobility, safety and sustainability goals.

The GTS team started by evaluating the existing conditions and emerging trends. This is followed by identifying regional concerns and system gaps as well as the program’s strategic direction through a comprehensive stakeholder engagement process. These tasks will lead to developing the program’s vision and mission as well

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 19 as goals and strategies. The strategies will then be organized in an implementation plan that defines the action programs for the next 5 to 10 years.

Contracting Agency: Los Angeles Metro
Reference Information: Melissa Park | Project Manager | [email protected] | 213.418.3318 Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $420,000
CVAG ITS Master Plan Peer Review Services (2020)
GTS assisted with a third party review of the CVAG ITS Plan with a focus on the centralized Traffic Management Center, roadway management strategies, and emerging mobility technologies and trends. Our review, which included the concept of operations as well as the systems engineering plan provided valuable feedback on integrating 5G as an enabler of Smart City applications and elaborating on the role of public-private-partnerships as it relates to emerging technologies and trends.

Client: Fehr & Peers
Reference Information: Josh Peterman | Project Manager | [email protected] | 925.357.3368 Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $10,000
Arlington Ave and Lincoln Ave Signal and Street Lighting Design, Torrance (2020-2021) As part of the conditions of approval of a proposed residential development at the northwest corner of Arlington Ave and Lincoln Ave, GTS carried out the signal design, signing and striping, and street light design services.

The scope of work consists of:
• Designing a new traffic signal at the intersection of Arlington Ave and Lincoln Ave • Replacing the overhead-fed streetlights and undergrounding power feeds • Installing one new underground-fed streetlight along the Lincoln Ave frontage Client: DSC Engineering
Reference Information: Joe Dietz | Project Manager | 949.305.9070 | [email protected] Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $22,000
Red Hill Ave and Reynolds Ave Signing and Striping Design, Irvine (2021) As part of the conditions of approval of a 17401 Eastman St development project, GTS assisted LPA Architects with the signing and striping design along Red Hill Ave in the City of Irvine. GTS prepared the striping plans showing the pavement marking modifications per the City of Irvine agreed upon standards and requirements on a 1’’= 40’ scale. GTS carried out the site visits, City coordination, plan preparation, and addressed the City’s revisions. It should be noted that our project manager for this on-call has previously managed the City of Irvine’s on-call (for his previous firm) and assisted the City of Irvine as part of the on-call contract with an Adaptive Signal Control Pilot Study as well as with a Probe Data Analysis Assessment.

Client: LPA Architects
Reference Information: Denise Mendelssohn | 949.701.4083 | [email protected] Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $7000
Los Angeles Sun Valley Traffic Signal Designs and Modifications (2019) As part of the B-permit, GTS prepared a new traffic signal design at Randall St and Glenoaks Blvd and modification plans for the intersections of Penrose St and Bradley Ave and Tuxford St and Glenoaks Blvd. The plans depict all proposed and existing traffic signal equipment (traffic signal controller cabinets, signal standards, mast arms, vehicle heads, and pedestrian heads) and loop detectors. The traffic signal plans also show proposed and existing traffic signal conduits, pull boxes, interconnect/video fiber, splice boxes, loop detectors, service feed, and proposed traffic signal phasing, as necessary. Additionally, traffic signal plans also reference existing, proposed, and (to be) removed pavement delineation, traffic signage, safety lighting, and utilities to accommodate the

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 20 proposed traffic signal design modification and installation. The proposed traffic signal plans are designed at a scale of 1”=20’ per the LADOT standards and engineering requirements. GTS also prepared signing and striping and street lighting designs as part of this project.

Client: Facility Builders & Erectors
Reference Information: Dwight Becker | Project Manager | 714.577.8060 Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $40,000
City of Carson Dominguez Channel Bicycle Design (2020-2021) GTS provided traffic engineering design services for both Phase I and Phase II of the City of Carson bicycle design project. GTS services included supporting the conceptual design elements of the project as well as the design development to produce the final plans, specifications, and estimates. GTS carried out the design of signing and striping as well as traffic signal designs and or modifications. The design is per the requirements of the California Manual of Uniform Traffic Design as well as the Highway Design Manual. The design is geared to address safety, operational, and accessibility considerations with a special focus on vulnerable modes of transportation.

Contracting Agency: City of Carson
Reference Information: Ryan Kim | Traffic Engineer | [email protected] | 310.952.1700 x1815 Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $40,000
El Rivino Road and Agua Mansa Road Traffic Signal Design, County of San Bernardino (2022-Ongoing) GTS is preparing the traffic signal for the intersection of El Rivino Road and Agua Mansa Road in the County of San Bernardino. The scope includes traffic signal plans, specifications and cost estimates, design coordination, and construction support services. The traffic signal plans will depict all proposed traffic signal equipment (traffic signal controller cabinets, signal standards, mast arms, vehicle heads, and pedestrian heads) and loop/video detectors. The traffic signal plans will also show traffic signal conduits, pull boxes, interconnect/video fiber, splice boxes, detectors, service feed, and traffic signal phasing. Additionally, the traffic signal plans will also reference existing, proposed, and (to be) removed pavement delineation, traffic signage, safety lighting, and utilities to accommodate the traffic signal design modification and installation. The traffic signal plans will be designed at a scale of 1”=20’ per the County of San Bernardino standards, Caltrans Standard Plans, and other agreed-upon engineering standards and requirements.

Client: BKF Engineers
Reference Information: Sheila Amparo | Project Manager | [email protected] | 949.526.8478 Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $20,000
Ramona Expressway and Brennan Avenue Traffic Signal and Signing and Striping, Riverside County (2022-2023)
GTS provided conceptual design services for an industrial development at the northeast corner of Ramona Expressway and Brennan Ave in the City of Perris in Riverside County. The project includes a traffic signal design at the intersection of Ramona Expressway and Brennan Road to accommodate the proposed street improvement serving the project site, a signing and striping plan illustrating signal requirements and the frontage of the project site, and coordination with City and County staff. Prior to plan preparation, GTS conducted research of as-built and other available data, and performed a field review to prepare the base plan.

Client: EPD Solutions
Reference Information: Abby Pal | Project Manager | [email protected] | 412.636.2713 Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $26,000
City of Lake Elsinore, Traffic Signal Modification Design of Central Ave (SR 74) and Ardenwood Way (2021-2022)
GTS is providing traffic engineering signal upgrade services for the signalized intersection of Central Ave (SR

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 21 74) and Ardenwood Way in the City of Lake Elsinore. GTS is carrying out various safety, operational, and accessibility upgrades as part of this design. This project will accommodate the SR74 road widening from 4 to 6 lanes, provide safety improvements for road users and pedestrians, and design ADA-compliant curb ramps.

The design services include coordination with the City and the County (which has shared jurisdiction at the intersection).

Client: Karaki WS
Reference Information: Florentino Mendoza | Project Manager | [email protected] | 714.695.9300 Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $16,000
Santa Monica 20th Street Connection (2019-2020)
GTS carried out the traffic engineering tasks for this City of Santa Monica project that is closing a key bike and pedestrian network gap and serving as critical linkage between the Michigan Avenue Neighborhood Greenway (MANGo) and Bergamot Expo Station.

The project posed the challenge of designing as closely as possible to Caltrans Highway Design Manual standards with limited space available for improvements. GTS worked closely and tirelessly with Caltrans and the City on developing and testing various alternatives that are acceptable to both agencies. GTS performed the traffic analysis, truck turning analysis, traffic signal design, signing and striping design, and traffic control plans.

GTS also designed the street lighting and emergency blue light phone services over a 4G network. Prior to this project our team members also assisted the City with video detection standardization and the design of the electronic parking guidance for the downtown area.

Contracting Agency: City of Santa Monica
Reference Information: Joseph SanClemente (currently PW Director at City of Hermosa Beach) | 310-318-0238 | [email protected]
Staff: Rawad Hani, Cassandra Garcia
Estimated Fee: $60,000
Thank you for all your timely and hard work. You have continually gone above and beyond what is expected.
- John Cruikshank, Project Manager

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 22 Project Management Plan
Project Management Approach (Communications & Quality Control) GTS provides the capabilities needed to complete high-priority transportation projects or provide solid recommendations to City staff and elected officials on how to address particular transportation issues. We understand that communication, responsiveness, efficiency, and collaboration are critical to our successful partnerships with local municipalities.

Rawad Hani will be the City’s main point of contact and will manage the task orders and staff to execute the required tasks adequately and efficiently. His responsibilities include leading the project management, scoping, and coordinating with experts from the GTS team, among others. Upon receiving a task order request, our response proposal will include the following:
• A description of the services to be provided (scope and methodology) • The name and position of each person to be assigned to perform the services • A schedule with the milestones
• The estimated number of hours and cost to complete the services Upon notice to proceed and depending on the specific task order, a kick-off meeting may be required to coordinate the specifics of our project approach and work tasks to ensure we meet the overall goals and objectives. This meeting will be used to establish the goals and objectives for the task order, refine the approach and/or schedule, establish project team communication and stakeholder coordination aspects, discuss data or design requirements, and confirm deliverables and milestones. All project deliverables will be provided to the City in draft format, with time for comments and feedback. Our approach to project delivery emphasizes quality control to ensure that all work products are delivered free of errors. For this engagement, all work products will be reviewed by our quality assurance manager or a key team member prior to submittal to the city. As can be attested to by our references, our project team consistently collaborates to deliver a quality work product in a timely manner. At the end of every task, GTS will conduct a task review process that may include a quick survey to gauge our success from your perspective. We share the feedback among the project team in an effort to constantly improve.rom your perspective. We share the feedback among the project team in an effort to constantly improve.

General Approach
Our general project approach to on-call traffic signal and ITS design services encompasses three main components:
i. Research of Relevant Background Information: this includes items such as previous studies, records of prior approvals or resolutions, conditions of approval that may be relevant to the project under consideration, etc. ii. Application of our Engineering and Planning Knowledge: to discern prospective issues including controversial issues and providing notice to the City staff. Our knowledge is based on the collective experience of our team members coupled with the relevant background information. In delivering our services we build on:
a) Policies and Procedures at the Local, Regional, State, and Federal levels: which include regulations and guidelines impacting the municipal traffic engineering process from the City code to elements like SB 1, SB743, the regional Green House Gas/SCS policies and plans, Caltrans Standards and/or Caltrans Construction Manual Specifications, the Standard Plans for Public Works Construction, and The Standard Specifications for Public Works Construction among others.
b) Emerging Trends in Engineering Practice and Technology: which includes elements such as Vision Zero, concepts of Complete Streets, Active Transportation considerations, electric vehicle charging, ADA compliance, and sustainability considerations. Similarly, changes in the MUTCD and the new Highway Safety Manual affect the practice of municipal transportation traffic engineering. iii. Effective and Timely Communication: whereby we expect on-going interaction with City staff during each task order where progress can be monitored. This could include weekly touchpoints to discuss the project and ensure all parties are up to date on project progress. We anticipate that informal check in meetings will occur regularly.

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 23 Typical Work Plan
The following sections describe typical task orders carried out as part of on-call contracts illustrating our work plan.

1. Plans, Specifications, and Estimates
GTS will prepare plans, specifications, and estimates (PS&E) to accommodate the construction requirements for traffic signals, signing and striping, traffic control plans, and other ITS design tasks.

We typically anticipate producing plans for the following:
• Street Improvement Plans – To accommodate ADA compliant curb ramps and raised median noses. • Signing and Striping Design
• Traffic Signal Plan – To propose agreed upon traffic signal improvements and operations based on the developed recommendations.

The GTS team believes a detailed field review and as-built plan verification will provide a good base plan for a high-quality design plan and will result in higher efficiencies (less time and costs). Prior to preparing a base plan for the street improvement and traffic engineering design, GTS will obtain copies of available as-built drawings and other available database/information pertaining to the project from the City and other agencies if needed.

The field review will include identifying design constraints, verifying as-built information, and observing general site conditions. We will document our findings with photos taken as part of our field review. We will review the preliminary utility information and prepare and send notifications to all utility companies known to operate within the project area. Underground and overhead utilities will be identified, and potential conflicts will be noted and resolved during final design.

Typical tasks could include:

1.1 Topographic Land Survey: The design survey will be developed at 1”=20’ scale and will include the following items:
• Sufficient spot elevations and breaklines to accurately develop contours at a 1.0’ interval. • Curbs, right-of-way (and jurisdiction boundary line), flowlines, and gutters. • Paving types.
• Roadway crown elevations and striping.
• Above ground evidence of utilities.

1.2 Street Improvement Plan: GTS will modify the existing curb ramps to comply with ADA guidelines at the intersection. GTS will utilize the topographic land survey to produce the street improvement plan. The street improvements will be limited to ADA curb ramp reconstruction. GTS will perform a detailed ADA evaluation. We will design all proposed curb ramps per the standards agreed upon with the City. The plans will clearly show limits of construction and curb ramp grades and details. The curb ramp details will be prepared at 1”=10’ scale.

1.3 Signing and Striping Design: GTS will incorporate any striping and signage modifications at the project intersection on the corresponding traffic signal plan if it is part of a signal design project, or will produce separate signing and striping plans.

Striping and signage services will include items like improving existing bike lane signages, reinstalling faded striping, or other striping or signage that may be required.

1.4 Traffic Signal Plan: Utilizing the traffic signal as-built plans, survey, and field investigation data, GTS will prepare a traffic signal base plan at the intersection. The base plan is the backbone to accurately design proposed improvements. At this stage of the process, a thorough review is performed on the base plan to ensure accuracy prior to design. The base plan will include centerline, right-of-way, relevant existing street improvements, and existing traffic controls. We will prepare the base plan in accordance with City’s format and standards. If the intersection has shared jurisdiction with other cities we will also work with their standards.

GTS has extensive experience in traffic signal design and will utilize that knowledge to identify potential

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 24 conflicts before the project goes into construction. For example, proposed signal poles will be strategically placed in the optimum location for driver/pedestrian visibility and will adhere to ADA guidelines. We will also evaluate any current deficiencies or sub-standard equipment that should be upgraded to meet current City agreed-upon standards.

We will provide a detailed traffic signal plan per City agreed-upon format, standards, and specifications. The plan will propose approved signal phases, clearly identifying all existing, proposed, and removed traffic signal equipment to correspond with the overall design intent and shown existing and proposed improvements. The traffic signal plan will be 1”=20’ scale unless directed otherwise.

1.5 Utility Verification and Coordination: GTS will request a contact list from the City of utility companies with facilities at the project intersection. We will request utility maps and compile underground and above ground utilities in a separate digital file. This file will be referenced into all relevant design plans and clearly labeled to identify utility type, size, and owner. This will allow us to identify any potential impacts and modify the design as necessary.

We will also send a notification to all utility companies within the project limits at the 70% and/or final design stage for their review to determine if there are any possible conflicts with the proposed improvements. GTS will work closely with the utility companies and other City departments to resolve conflicts prior to final design.

A communication log will be preserved throughout the project and provided to the City upon request. GTS will provide coordination with electric utility companies if the design includes modification to the service pedestal and/ or point of connection (POC).

1.6 Specifications and Cost Estimates: GTS will prepare the technical specifications using the City’s boilerplate template or Caltrans required template and required format. We will use the City-required standards and specifications.

1.7 Pre-Construction Support: GTS will provide pre-construction support services for this project after plans have been approved by the City and other agency. We will attend pre-bid meeting and answer the questions during the construction bidding process regarding the design and specifications. If there are omissions or conflicts in the design prior to the award to contractor, GTS will provide a plan revision.

1.8 Construction Support: GTS will provide construction support services for this project during construction.

These services include but are not limited to attending a pre-construction meeting, responding to questions during the construction, reviewing contractor submittals within 72 hours, responding to contractor’s requests for information (RFIs) or Change Request (CR), revising design plans per CR, maintaining a log of all changes to approved plan set, reviewing and making recommendations to Contract Change Order (CCO), and providing progress reports.

1.9 As-Built Plan Preparation: After the completion of project construction, we will request the redline markings prepared by the project inspectors and/or contractors on the signed design plans for preparation of as-built plans.

The as-built plans will be signed and submitted to the City for the completion of the project.

Sample Recent Relevant Projects:
• City of Carson: Provided HSIP-funded PS&E signal design services at Figueroa St and Victoria St; also provided PS&E services for the Dominguez Channel Bike Path Design working with the City and County • City of Santa Monica: Provided ATP-funded PS&E signal design, signing and striping, and street lighting designs as well as traffic analysis per Caltrans and City guidelines • Orange County Fire Authority: Traffic signals in Mission Viejo and Anaheim

2. Review/Prepare Traffic Signal Timing/Coordination Plans GTS will provide signal timing plan support to the City to address the changing traffic conditions. Our tasks typically include the following:

2.1 Field Observations and Data Review: We will review the provided signal timing parameters (yellow/red timing, lead/lag timing, offsets, pedestrian timing, etc.) for potential inconsistencies between timing sheets or other anomalies. We will also coordinate with the City to open the traffic controller cabinets and verify existing controllers. We will also observe traffic flow patterns and signal operations during each peak period along the

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 25 corridor. Elements such as uneven lane distributions, queue spillbacks, cut through traffic movements, heavy truck or bus percentages, congestion associated with school activity, and friction factors affecting vehicle speed or intersection throughput will be noted. Crosswalk lengths will be measured using aerial imagery to determine appropriate pedestrian timing.

2.2 Traffic Data Collection: A 24-hour count will be used to understand demand variability by time and determine intersection and corridor peak hours. GTS will collect turning movement counts with vehicle classification at the project intersections. All turning movement counts will be classified to distinguish vehicle classification, pedestrians, and bicycles. Before travel time data may be collected if the City desires.

2.3 Modeling: Using the collected traffic counts and existing signal timing plans available to the City, GTS will develop Synchro and SimTraffic models to understand existing condition operations at each of the project intersections. An accurate understanding of operational deficiencies is crucial to develop improvements at the conceptual level. Based on the results of our field visits and safety and Synchro/SimTraffic analysis, GTS will develop a set of improvements to be tested in the Synchro model for future consideration. The following are few examples of such improvements:
• Lead/lag phasing order based on platoon arrivals, turning movement volumes, and synch phase assignments. • Phase splits that provide sufficient time to meet pedestrian minimums and minimize the frequency of underserving queues, except where strategically beneficial. • Offsets that prioritize the primary direction of travel to the extent that flow directionality exists within each period of implementation.
• Re-striping or modification to intersection approach to change the lane configuration. For example, provision of a dedicated turn lane or changing a dedicated turn lane to shared movement.

Each set of proposed improvements will be vetted for feasibility and tested in Synchro to determine effectiveness in improving traffic operation. We will work with the City to select a preferred set of improvements, which will be included in the final optimized Synchro model.

2.4 Signal Timing Sheets: GTS will develop a spreadsheet of proposed signal timing parameters such as yellow times, all-red times, walk times, flashing don’t walk times, minimum greens, lead/lad phasing, and sync phases for each study intersection. Additional timing parameters such as minimum bicycle timings, yellow timing for left turn, and through movements will be calculated per the CA-MUTCD. Finally, based on coordination factors, field observations, scenario testing with Synchro, and our signal timing experience, we will propose signal timing groups and cycle lengths for each of the synchronization periods.

2.5 Optimized Synchro Model & Implementation Support: Based on the findings of the above tasks, GTS will develop Synchro models inclusive of the preferred set of improvements with optimized signal timings for each of synchronization period. A table will be prepared to compare measures of effectiveness (MOEs) between the existing conditions and the proposed Synchro models. MOEs are anticipated to include LOS, total travel time, total delay, fuel consumption, and stops.

Sample Recent Relevant Projects:
• City of Rancho Palos Verdes Traffic On-Call: Carried out the Hawthorne and Via Rivera intersection, Crenshaw signals coordination, and Hawthorne and Eddinghill left turn phase analysis • City of Glendora: Carried out the traffic signal coordination and timing for Route 66 within city limits

3. Review/Prepare Traffic Control Plans
GTS often assists with maintenance of traffic requirements for CIP projects from resurfacing projects to projects involving signal designs, signing and striping, and bicycle facilities design.

We will work with the City to efficiently prepare or review and approve plans and maintain schedules. We provide high quality through the plan check cycle, from planning and design to construction completion. Typical projects include:
• New traffic signals or traffic signal modifications.
• Power source and cabinet placement.

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 26 • Required street lighting and integration with traffic control. • Conformance with ADA requirements.
• Street improvement, rehabilitation, and widening plans.

Sample Recent Relevant Projects:
• City of Hermosa Beach Traffic On-Call: Conducted review (within one to two days) of outdoor dining designs for about 17 parklets
• City of Santa Monica 20th Street: Carried out traffic control plans (following Caltrans standards) and invitations to the meetings

4. Prepare Grant Applications
We will assist the City with identifying and applying for funding to realize the various CIP projects. GTS has assisted various cities with grant applications and grant management. We recently carried out 3 grant applications for the HSIP program for the cities of Buena Park and La Habra Heights to help upgrade signal hardware, construct new signals, and upgrade guardrail. We understand not only the grant writing process, but equally important the scoring rubric that is essential to ensure successful grant applications.

Our team has previously supported the City of Commerce on successfully obtaining HSIP and ATP grants.

As part of our project delivery, we also support cities with grant management and dealing with the funding agency requirements such as E-76 and others.

Sample Recent Relevant Projects:
• City of La Habra Heights: Prepared HSIP applications for guardrail upgrades and new traffic signal • City of Buena Park: Prepared HSIP application for signal modifications • Prepared LRSP applications for various cities (South Pasadena, Hidden Hills, Buena Park, etc.)

5. Attend Meetings and Prepare Presentation Materials
GTS often plans and attends council, commission, and community meetings to solicit input and feedback on projects. The scope of our services ranges from one-on-one briefings to community at-large gatherings. These meetings can take place at various milestones during the life of the project. Meeting topics range from presenting initial findings to soliciting feedback from the community or council/comission.

GTS is prepared to assist with leading the meetings, note taking, and support services which will include coordination of meeting times and locations, hand-outs, sign-in sheets, organization of facility details (venue assumed to be provided by the City), and meeting set-ups. We will also work with the City to provide the notices and invitations to the meetings.

Sample Recent Relevant Projects:
• City of La Habra Heights: Presented to the Council and Road Commission on the project progress • City of Torrance Downtown Revitalization: Participated in community outreach presenting on circulation and parking elements

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 27 Quality Assurance & Control Brief
GTS ensures project deliverables are free of errors, easy to understand, and executed in line with client expectations. Our established quality control process builds on our experience to offer precision in delivery of our work. Our quality assurance/quality control plan begins before the task order is assigned, during scoping discussions. At this time, our project manager will work with the City to define the project tasks, establish roles and responsibilities for project team members, identify communication protocols, and identify success criteria for the project. Subsequently, we develop a draft definition of required project tasks, deliverables, budget, and schedule. Risk assessment, change management strategies, and project communication plans are incorporated into this planning process. Once these tasks have been reviewed, modified, and adopted by the project team, GTS will proceed with the project as planned, providing continuous support and regular communication with the City.

All deliverables and communications with the City will be reviewed by both the project manager and a key team member (who is not otherwise involved in the task). This will be akin to a third-party QA/QC that not only ensures that deliverables are free of errors, but also that we are meeting your needs in terms of our understanding of the project and are aligned with the City’s budget and schedule.

For design work in particular, our design plans will be field verified and reviewed by senior staff members during the design preparation. A constructability review in the field will be carried out for the final plan prior to City’s approval. Formal quality control checklists and/or plan review comments are employed to control the quality of deliverables.

At the end of every project, GTS conducts a project closure process that includes an online client survey to gauge our success from the client’s perspective. We share the feedback among the project team in an effort to constantly improve.

WE PLAN

THE WORK

AND WORK
THE PLAN!

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 28 Required Forms

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 29 RFQ 24-002 City of Hermosa Beach

6. Required Forms

6.1 Certification of Qualifications
RFQ #: _________
The undersigned hereby submits its statement of qualifications and agrees to be bound by the terms and conditions of this Request for Qualifications (“RFQ”).

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 statement of qualifications or any work connected with this statement of qualifications. Should any agreement be approved in connection with this RFQ, 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 RFQ.

3. Proposer has carefully reviewed its statement of qualifications 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 statement of qualifications and to waive any informality or irregularity in any statement of qualifications received by the City.

5. The statement of qualifications response includes all of the commentary, figures and data required by the RFQ.

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

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

Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________

8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their statement of qualifications. RFQ 24-002 City of Hermosa Beach Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
Addendum 1
Rawad Hani, Principal
RFQ 24-002 City of Hermosa Beach

6.2 Non-Collusion Affidavit
RFQ #: _________
The undersigned declares states and certifies that:

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

2. This statement of qualifications 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 statement of qualifications and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham statement of qualifications or to refrain from submitting to this RFQ.

4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the rate schedule price or to fix any overhead, profit or cost element of the rate schedule 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 statement of qualifications and related documents are true.

6. I have not directly or indirectly submitted the rate schedule 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, RFQ depository, or to any member or agent thereof, to effectuate a collusive or sham statement of qualifications.

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

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:
____________________________________________
24-002

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 30 RFQ 24-002 City of Hermosa Beach

6.2 Non-Collusion Affidavit
RFQ #: _________
The undersigned declares states and certifies that:

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

2. This statement of qualifications 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 statement of qualifications and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham statement of qualifications or to refrain from submitting to this RFQ.

4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the rate schedule price or to fix any overhead, profit or cost element of the rate schedule 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 statement of qualifications and related documents are true.

6. I have not directly or indirectly submitted the rate schedule 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, RFQ depository, or to any member or agent thereof, to effectuate a collusive or sham statement of qualifications.

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

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:
____________________________________________
Rawad Hani, Principal
24-002

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 31 RFQ 24-002 City of Hermosa Beach

6.3 Compliance with Insurance Requirements
RFQ #: _________
The selected consultant will be expected to comply with the City s insurance requirements contained within this Request for Qualifications (“RFQ”).

The undersigned declares states and certifies that:

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

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

Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
Rawad Hani, Principal
24-002

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 32 RFQ 24-002 City of Hermosa Beach

6.4 Acknowledgement of Professional Services Agreement
RFQ #: _________
The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers shall identify and/or indicate any exceptions to the Sample Professional Services Agreement included as Attachment 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.

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:
____________________________________________
Rawad Hani, Principal
24-002

City of Hermosa Beach - On-Call Transportation Planning and Traffic Engineering Services 33 RFQ 24-002 City of Hermosa Beac h

6.5 COVID Vac c ination Certific ation
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, GTS certifies that all of its officers, agents, employees, subcontractors, representatives and -site within the City pursuant to the On-Call Transportation Planning and Traffic Engineering Services, 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,
volunteers servicing the City of Hermosa Beach on
RFQ 24-002 City of Hermosa Beac h

6.5 COVID Vac c ination Certific ation
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, GTS certifies that all of its officers, agents, employees, subcontractors, representatives and -site within the City pursuant to the On-Call Transportation Planning and Traffic Engineering Services, 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,
volunteers servicing the City of Hermosa Beach on
Rawad Hani, Principal
t +1 213 267 2332 | f +1 213 318 0744
[email protected] | www.gentecsol.com
11900 W Olympic Blvd. Suite 450, Los Angeles, CA 90064
GTS | General Technologies and Solutions
August 27, 2024
Yours sincerely,
Rawad Hani, PE, TE
Principal
[email protected] // +1 213 267 2332

Our Commitment to the City of Hermosa Beach
We will provide the City with the team most capable of developing innovative solutions based on local needs and, equally important, effectively communicating these solutions. In providing quality service to the City, the GTS team will focus on:
✓ Responsiveness
✓ Clear communications
✓ Meeting established deadlines
✓ Maintaining positive working relationships
✓ Providing creative, yet implementable solutions

CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE

TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING SERVICES

BETWEEN THE CITY OF HERMOSA BEACH AND HARTZOG & CRABILL, INC This AGREEMENT is entered into this 1st day of October, 2024, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and Hartzog & Crabill, Inc. (“CONSULTANT”).

R E C I T A L S
A. The City desires to obtain transportation planning and traffic engineering services.

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

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

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A, Request for Qualifications, and Exhibit B, Statement of Qualifications 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 described in Exhibit A and Exhibit B.

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 not to exceed amount of $600,000, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

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

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

SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and Exhibit B 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 agreed upon method of payment and/or schedule of compensation incorporated in Exhibit A and 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 schedules incorporated in Exhibit A and Exhibit B, 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 Scott Ma. 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 October 1, 2027, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

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

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

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

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

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

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

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

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

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

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

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

INDEPENDENT CONSULTANT. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

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

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

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

INSURANCE REQUIREMENTS.

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

1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONSULTANT for City.

2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars

($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and 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 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 subconsultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or

the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, subconsultants 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 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 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 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.

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

DISCLOSURE REQUIRED. (City and Consultant initials required at 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.

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
Dean Francois, Mayor By: Gerald J. Stock, Executive Vice President ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney

CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE

TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND MICHAEL BAKER INTERNATIONAL, INC.

This AGREEMENT is entered into this 1st day of October, 2024, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and Michael Baker International, Inc. (“CONSULTANT”).

R E C I T A L S
A. The City desires to obtain transportation planning and traffic engineering services.

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

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

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A, Request for Qualifications, and Exhibit B, Statement of Qualifications 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 described in Exhibit A and Exhibit B.

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 not to exceed amount of $600,000, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

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

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

SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and Exhibit B 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 agreed upon method of payment and/or schedule of compensation incorporated in Exhibit A and 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 schedules incorporated in Exhibit A and Exhibit B, 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 Ryan Zellers. 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 October 1, 2027, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

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

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

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

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

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

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

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

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

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

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

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

INDEPENDENT CONSULTANT. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

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

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

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

INSURANCE REQUIREMENTS.

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

1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONSULTANT for City.

2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars

($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and 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 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 subconsultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or

the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, subconsultants 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 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 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 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.

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

DISCLOSURE REQUIRED. (City and Consultant initials required at 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.

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
Dean Francois, Mayor By: Dawn Wilson, Office Executive
ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney

CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE

TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND FEHR & PEERS ASSOCIATES, INC.

This AGREEMENT is entered into this 1st day of October, 2024, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and Fehr & Peers Associates, Inc. (“CONSULTANT”).

R E C I T A L S
A. The City desires to obtain transportation planning and traffic engineering services.

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

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

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A, Request for Qualifications, and Exhibit B, Statement of Qualifications 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 described in Exhibit A and Exhibit B.

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 not to exceed amount of $600,000, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

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

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

SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and Exhibit B 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 agreed upon method of payment and/or schedule of compensation incorporated in Exhibit A and 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 schedules incorporated in Exhibit A and Exhibit B, 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 Michael Kennedy. 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 October 1, 2027, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

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

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

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

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

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

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

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

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

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

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

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

INDEPENDENT CONSULTANT. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

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

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

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

INSURANCE REQUIREMENTS.

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

1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONSULTANT for City.

2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars

($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and 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 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 subconsultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or

the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, subconsultants 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 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 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 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.

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

DISCLOSURE REQUIRED. (City and Consultant initials required at 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.

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
Dean Francois, Mayor By: Michael Kennedy, Principal
ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney

CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE

TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND CR ASSOCIATES, INC.

This AGREEMENT is entered into this 1st day of October, 2024, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and CR Associates, Inc. (“CONSULTANT”).

R E C I T A L S
A. The City desires to obtain transportation planning and traffic engineering services.

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

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

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A, Request for Qualifications, and Exhibit B, Statement of Qualifications 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 described in Exhibit A and Exhibit B.

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 not to exceed amount of $600,000, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

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

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

SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and Exhibit B 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 agreed upon method of payment and/or schedule of compensation incorporated in Exhibit A and 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 schedules incorporated in Exhibit A and Exhibit B, 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 Monique Chen. 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 October 1, 2027, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

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

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

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

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

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

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

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

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

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

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

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

INDEPENDENT CONSULTANT. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

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

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

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

INSURANCE REQUIREMENTS.

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

1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONSULTANT for City.

2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars

($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and 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 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 subconsultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or

the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, subconsultants 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 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 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 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.

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

DISCLOSURE REQUIRED. (City and Consultant initials required at 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.

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
Dean Francois, Mayor By: Monique Chen, Principal-in-Charge ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney

CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE

TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING SERVICES

BETWEEN THE CITY OF HERMOSA BEACH AND GENERAL TECHNOLOGIES AND SOLUTIONS LLC
This AGREEMENT is entered into this 1st day of October, 2024, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and General Technologies and Solutions LLC(“CONSULTANT”).

R E C I T A L S
A. The City desires to obtain transportation planning and traffic engineering services.

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

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

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A, Request for Qualifications, and Exhibit B, Statement of Qualifications 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 described in Exhibit A and Exhibit B.

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 not to exceed amount of $600,000, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

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

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

SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and Exhibit B 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 agreed upon method of payment and/or schedule of compensation incorporated in Exhibit A and 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 schedules incorporated in Exhibit A and Exhibit B, 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 Rawad Hani. 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 October 1, 2027, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

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

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

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

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

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

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

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

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

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

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

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

INDEPENDENT CONSULTANT. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

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

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

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

INSURANCE REQUIREMENTS.

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

1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONSULTANT for City.

2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars

($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and 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 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 subconsultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or

the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, subconsultants 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 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 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 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.

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

DISCLOSURE REQUIRED. (City and Consultant initials required at 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.

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
Dean Francois, Mayor By: Rawad Hani, Principal/Owner
ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney

City of Hermosa Beach | Page 1 of 5
Meeting Date: September 24, 2024
Staff Report No. 24-CA-004
Honorable Mayor and Members of the Hermosa Beach City Council REPORT ON THE CITY’S ENFORCEMENT OPTIONS OF ADMINISTRATIVE

CITATIONS AND OVERALL DISCUSSION ON ADMINISTRATIVE CITATIONS (City Attorney Patrick Donegan)
Recommended Action:

Staff recommends City Council receive a report on the enforcement options for administrative citations and provide direction, if any, to staff on different or additional options related to administrative citations.

Executive Summary:

At the July 23, 2024 City Council meeting, under tentative future agenda items, Councilmember Jackson requested, and Councilmember Massey supported directing staff to return with an informational item regarding the City's options for enforcing administrative fines. Staff presents this report outlining the current enforcement options for unpaid administrative citations. A general description of the administrative citation process and additional enforcement options are also discussed.

Background:

At its July 23, 2024 meeting, Councilmember Jackson requested, and Councilmember Massey supported, a future agenda item regarding the current regulatory framework pertaining to enforcement and collection of unpaid administrative citations as well as possible changes to the City’s administrative citation program.

The City’s administrative citation regulations are codified in Chapter 1.10 of the Hermosa Beach Municipal Code (“HBMC”). This chapter, in addition to other enforcement remedies, allows the City to issue an administrative citation for certain violations of the HBMC. (HBMC § 1.10.040.) Not every violation of the HBMC is subject to an administrative citation—these code sections are subject to the other possible enforcement option such as an infraction or misdemeanor charge.

The City issued 1,184 administrative citations since January 30, 2019. A total of 687 citations were paid directly to the City. An additional 435 citations were sent to collections with 68 of those paid through collections. The current practice is to send two reminder notices so invoices do not go to collections until 90 days. In the future, the City will send one reminder and the citation will go then go collections at 60 days to see if the collection rate can be improved beyond 64 percent.

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Section 1.10.060 lists the required contents of an administrative citation:

A. Date, approximate time, and address or definite description of the location where the violation(s) was observed;
B. The Code sections or conditions violated and a description of the violation(s); C. The amount of the fine for the violation(s);
D. An explanation of how the fine shall be paid and the time period by which it shall be paid;
E. Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;
F. The name and signature of the enforcement officer issuing the citation; G. If the violation is one which is continuing, an order to correct the violation, the actions needed to correct the violation, and an explanation of the consequences for failing to correct the violation; and
H. The name and address of the responsible person, and a signature line so that the responsible person may acknowledge receipt of the citation.

The fine amount of the administrative citation is set via resolution by the City Council and depends on what HBMC section is the subject of the administrative citation.

Section 1.10.070 provides the various methods that the City can use to serve the administrative citation: (i) personal service; (ii) service of the citation by mail; (iii) posting on the property where the City has knowledge that the responsible party has a legal interest; or (iv) by publication. Section 1.10.080 provides options for the responsible person to satisfy the administrative citation which include appealing the administrative citation (see HBMC § 1.10.090) or paying the fine. In pertinent, subsection (C) of section

1.10.080 states:
“In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth above, then the penalty shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional citations to the responsible party should the violations persist.”
Section 1.10.090 posits the process for appealing an administrative citation and subsection (F) discusses unpaid fine amounts and states:
“Collection of unpaid fines. Failure to pay the assessed administrative fine within 15 days or such other time limit set forth in the administrative citation, and/or if the decision of the hearing officer has not been successfully challenged by a timely

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appeal as provided in section 1.10.100, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred.

The special assessment and/or lien shall be imposed pursuant to the procedure set forth in Section 8.28.080 of this Code. Alternatively, the matter may be referred for collection, which includes but is not limited to the filing of a small claims court action.”
Section 8.28.080 of the HBMC explains the process to recover nuisance abatement costs and includes the drafting and filing of a report on the matter, service on the property owner, a hearing before the City Council on the matter and then a decision of the City Council on the report, subject to any revision, correction or modification. However, this practice was called into question by the federal case of Mechammil v. City of San Jacinto, 653 Fed.

Appx. 562, 565 (9th Cir. 2016) (unpublished) which held that cities cannot attach liens or impose special assessments to collect outstanding nuisance fines or penalties. As such, the City has not availed itself to this practice.

Past Council Actions
Meeting Date Description
July 23, 2024 (minutes) Councilmember Jackson requested, and Councilmember Massey supported, a future agenda item regarding the
current regulatory framework pertaining to enforcement and collection of unpaid administrative citations as well as possible changes to the City’s administrative citation
program.

Discussion:

As mentioned in subsection (C) of HBMC § 1.10.080, failure to pay an administrative citation can be collected in any manner allowed by law. Thus, the City can file a civil action to obtain a judgment on the administrative citation amount and then use applicable legal remedies to try and collect on this judgment. However, this route is often not practical due to the time and cost of a formal legal action and the amount of the administrative citation.

Alternatively, pursuant to subsection (F) of HBMC § 1.10.090, the City also avails itself to collections agencies to try and satisfy unpaid administrative citations. This approach allows the City to avoid the time and expense of filing its own legal action; however, this does come at a cost as the collections agency takes 23 percent of funds recovered; 30 percent if the collection goes through a legal process. While this HBMC section also allows the collection of unpaid administrative citations via special assessment/property lien, this approach is not typically used in the City. However, with an increase in the number of property related administrative citations, as well as dollar amounts that may justify the time and expense, City staff is looking into the viability of this approach for certain unpaid administrative citations.

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Review of other jurisdictions indicates that independent legal actions to collect on unpaid administrative citations is not a standard practice. While staff is not 100 percent certain of the exact arrangement other cities may have with their collections vendor, the idea of a collections vendor simply taking a percentage of what they collect is most common to ensure both parties are incentivized to collect the maximum amount.

There are other enforcement options the City does not currently implement or have at its disposal. First, some jurisdictions implement late fees or interest on the administrative citation fine amounts that remain unpaid past the deadline. Manhattan Beach Municipal Code § 1.06.040 provides for a late payment charge that is also set forth in the schedule of fines. Other jurisdictions such as Signal Hill and Lake Forest have explicit municipal code language where a citation amount is doubled or an additional 10 percent penalty is assessed, as well as the charging of interest for unpaid balances after the original due date of the citation (See Lake Forest Municipal Code § 1.16.080 & Signal Hill Municipal Code § 8.13.040). If an option like this were to be implemented in Hermosa Beach, care must be given to ensure that for some of the higher fine amounts in the City, constitutional concerns are taken into consideration and that the fine amount is not deemed excessive.

Another possible option is to limit the issuance of other permits to a property where an unpaid administrative citation amount exists. Imposing a requirement like this would necessitate a HBMC change and this approach is not foolproof as often individuals are issued administrative citations unrelated to property-related offenses. Properties can also be legally owned by separate legal entities such that an administrative citation might be issued to an individual on the property, but not necessarily to the legal entity that owns the property and who would formally be the applicant for any future permit. Unpaid administrative citations for property related offenses such as zoning code violations could provide the basis for the City’s refusal to issue other City permits with the caveat that permits related to safety or other exigent circumstances would not be held up due to the unpaid administrative citation fine amount.

Ultimately, the City’s goal for enforcement action is compliance and correction of the violation that resulted in the administrative citation. Any options proposed by the City should incentivize compliance rather than creating other processes that detract from corrective action leading to compliance.

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:

City of Hermosa Beach | Page 5 of 5
 1.4 Consensus oriented. Strive to utilize a consensus-oriented decision-making process.

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.

Land Use Element
Goal 2 Neighborhoods provide for diverse needs of residents of all ages and abilities, and are organized to support healthy and active lifestyles.

Policy:
 2.6 Neighborhood preservation. Preserve and enhance the quality of residential neighborhoods by avoiding or abating the intrusion of disruptive, nonconforming buildings and uses
Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachment:

None.

Respectfully Submitted by: Patrick Donegan, City Attorney Concur: Myra Maravilla, City Clerk
Noted for Fiscal Schedule: Brandon Walker, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

City of Hermosa Beach | Page 1 of 2
Meeting Date: September 24, 2024
Staff Report No. 24-CA-005
Honorable Mayor and Members of the Hermosa Beach City Council

INTRODUCTION OF AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE

HERMOSA BEACH MUNICIPAL CODE TO UPDATE THE TITLE AND ROLE OF

CERTAIN CITY PERSONNEL

DETERMINATION THAT THE ORDINANCE IS NOT A PROJECT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
(City Attorney Patrick Donegan)
Recommended Action:

Staff recommends City Council:

1. Introduce by title only and waive first reading of an Ordinance of the City of Hermosa Beach, California, amending various sections of the Hermosa Beach Municipal Code to update the title and role of certain city personnel and determine that the ordinance is not a project under the California Environmental Quality Act (CEQA); and.

2. Direct the City Clerk to publish a summary ordinance.

Executive Summary:

The creation of a new department, Administrative Services, and department head, Administrative Services Director, necessitates various amendments to the Hermosa Beach Municipal Code (“HBMC”) to accurately reflect the new titles and responsibilities for City personnel. Specifically, the duties and responsibilities in the HBMC allocated to the Director of Finance are being transferred to the Administrative Services Director.

Background:

In its ongoing efforts to improve efficiency and better serve its residents and visitors, the City created the Administrative Services Department by merging the former departments of Finance and Human Resources. Thus, the new director of this department—the Administrative Services Director—is now responsible for, among other things, the duties and responsibilities of overseeing the finance, personnel, and risk management functions of the City. The Director of Finance position was replaced with the new title and was phased out with the adoption of the Fiscal Year 2024–25 budget.

Discussion:

There are various provisions in the Hermosa Beach Municipal Code that discuss the City’s Director of Finance and prescribes certain, but not all, of the duties of the Director of Finance. In order to align with the new duties and responsibilities of the Administrative

City of Hermosa Beach | Page 2 of 2
Services Department and the Administrative Service Director, amendments to the HBMC are required to accurately reflect the duties and responsibilities of City personnel.

Specifically, the following HBMC sections are amended in Attachment 1 to change all references to the “director of finance” to the “administrative services director”:
 HBMC § 2.16.020
 HBMC § 2.16.030
 HBMC § 2.16.040
 HBMC § 2.16.050
 HBMC § 3.04.110
 HBMC § 3.04.120
 HBMC § 3.32.030
 HBMC § 3.36.020
 HBMC § 3.36.090
 HBMC § 3.44.040
 HBMC § 8.08.150
 HBMC § 8.22.020
 HBMC § 13.12.040
Environmental Review
This Ordinance is not a project under the California Environmental Quality Act pursuant to CEQA Guidelines section 15378 (b)(5) as the Ordinance is an organization or administrative activity of the City that will not result in direct or indirect physical changes in the environment.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachment:

Draft Ordinance
Respectfully Submitted by: Patrick Donegan, City Attorney Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

CITY OF HERMOSA BEACH
ORDINANCE NO. 24-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA AMENDING VARIOUS SECTIONS OF THE HERMOSA

BEACH MUNICIPAL CODE TO UPDATE THE TITLE AND ROLE OF CERTAIN

CITY PERSONNEL AND DETERMINING THE ORDINANCE IS NOT A

PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(“CEQA”).

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council desires to update the title of the “Director of Finance” to the “Administrative Services Director” and update all provisions of the Hermosa Beach Municipal Code that refer to the Director of Finance to Administrative Services Director.

SECTION 2. The City Council finds the proposed code amendments are necessary to reflect the most recent changes to the title and role of certain City personnel.

SECTION 3. The Hermosa Beach Municipal Code is hereby amended as provided for in Exhibit A, attached hereto and incorporated herein by reference.

SECTION 4. Environmental Review. This Ordinance is not a project under the California Environmental Quality Act pursuant to CEQA Guidelines section 15378 (b)(5) as an organization or administrative activity of the City that will not result in direct or indirect physical changes in the environment.

SECTION 5. Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable.

The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937.

SECTION 7. Certification. The City Clerk is directed to certify the passage and adoption of this ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this ordinance, cause it to be published or posted in accordance with California law.

PASSED, APPROVED and ADOPTED on this 24th day of September, 2024.

Dean Francois
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

EXHIBIT A
Chapter 2.16 (Director of Finance) of Title 2 (Administration and Personnel) of the Hermosa Beach Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, to read as follows:

Chapter 2.16 Director of Finance Administrative Services Director In order to establish a central area for the uniform processing and development of all fiscal and budgetary functions, there is hereby created the office of director of finance administrative services director for the city.

2.16.020 Duties Generally.

The director of finance administrative services director shall be charged with all of the financing and accounting duties of the city, and shall be subject to all of the powers granted and imposed upon the city clerk by the provisions of Article I, Chapter 4, Part 2, Division 3, Title IV of the Government Code of the state of California, and Sections 40802, 40803, 40804 and 40805 of said Government Code.

The director of finance administrative services director shall perform such other duties as may be delegated from time to time by the city council or the city manager of the city.

2.16.030 Transfer of duties from city clerk.

In accordance with Section 40805.5 of the Government Code of the state of California, all of the financing and accounting duties imposed upon the city clerk under Sections 40802 through 40805 of said Government Code are transferred to the director of finance administrative services director and the city clerk is relieved of all said duties.

2.16.040 Bond required.

Pursuant to Sections 36518 and 36519 of the State Government Code, the director of finance administrative services director shall execute and deposit with the city a fidelity bond. The penal amount of the bond shall be established by a resolution of the city council.

2.16.050 Authority to combine position with other office.

The position of director of finance administrative services director may be combined with that of any other office in the city by resolution of the city council.

Sections 3.04.110 (Filing and copies of adopted budget) and 3.04.120 of Chapter 3.04 (Budget Procedure) of Title 3 (Revenue and Finance) of the Hermosa Beach Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, to read as follows:

3.04.110 Filing and copies of adopted budget.

A copy of the budget, as adopted, shall be filed in the office of the city clerk. The director of finance administrative services director shall cause the budget to be duplicated in order that copies thereof shall be available for the use of all departments and for inspection by interested persons.

3.04.120 Budget administration.

The director of finance administrative services director shall supervise and be responsible for the disbursement of all monies and have control over all expenditures and insure that all appropriations are not exceeded. The director of finance administrative services director shall exercise budgetary control over the appropriations. No expenditure or encumbrance may be made unless the director of finance administrative services director has certified that there is a sufficient unencumbered balance in the proper appropriation.

Section 3.32.020 (Definitions) of Chapter 3.32 (Transient Occupancy Tax) of Title 3 (Revenue and Finance) of the Hermosa Beach Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, to read as follows:

3.32.030 Definitions.
…
Tax administrator means the director of finance administrative services director of the city.

Sections 3.36.020 (Definitions) and 3.36.090 (Senior citizen exemption) of Chapter 3.36 (Utilities Tax) of Title 3 (Revenue and Finance) of the Hermosa Beach Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, to read as follows:

3.36.020 Definitions.
…
Tax administrator means the director of finance administrative services director of the city.

3.36.090 Senior citizens exemption.
…
B. Any service user exempt from the taxes imposed by this chapter because of the provisions of subsection A of this section, may file an application with the director of finance administrative services director for an exemption. Such application shall be made upon forms supplied by the city and shall recite facts under oath which qualify the applicant for an exemption. The city shall review all such applications and certify as exempt those applications determined to qualify therefore and shall notify all service suppliers affected that such exemption has been approved, stating the name of the applicant, the address to which such exempt service is being supplied, the account number, if any, and such other information as may be necessary for the service supplier to remove the exempt user for its tax billing procedure. Upon receipt of such notice, the service supplier shall not be required to continue to bill any further tax imposed by this chapter from such exempt service user until further notice by the city is given. The service supplier shall eliminate such exempt service user from its tax billing procedure no later than sixty (60) days after receipt of such notice from the city. …
Section 3.44.040 (Definitions) of Chapter 3.44 (Cannabis Business Tax) of Title 3 (Revenue and Finance) of the Hermosa Beach Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, to read as follows:

3.44.040 Definitions

…
Tax administrator means the director of finance administrative services director of the city.

Section 8.08.150 (Charges for responding to false alarms–billings–exceptions) of Chapter

8.08 (Alarm Systems) of Title 8 (Health and Safety) of the Hermosa Beach Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, to read as follows:

8.08.150 Charges for responding to false alarms–billings–exceptions. …
B. The director of finance administrative services director shall cause to be issued a monthly bill for the unpaid service charges accrued during the billing period and any prior periods. Such bill shall be due and payable within fifteen days after billing date.
…
Section 8.20.020 (Definitions) of Chapter 8.20 (Mobile Source Air Pollution Reduction Program) of Title 8 (Health and Safety) of the Hermosa Beach Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, to read as follows:

8.22.020 Definitions.
...

Fee administrator means the finance director administrative services director of the city or his their designee.

Section 13.12.040 (Use of funds) of Chapter 13.12 (Sewer Service Charge) of Title 13 (Public Services) of the Hermosa Beach Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, to read as follows:

13.12.040 Use of funds.

The sewer service charge funds collected shall be used to cover the expenses for the overall operation, maintenance and servicing of the city-owned sewer system as well as to pay for capital improvements and reserves. The Hermosa Beach finance director administrative services director, or designee, shall deposit all moneys representing charges collected by the county to the credit of the city’s sewer fund.

City of Hermosa Beach | Page 1 of 4
Meeting Date: Enter mtg date.

Staff Report No. 24-CMO-041
Honorable Mayor and Members of the Hermosa Beach City Council

CONSIDERATION OF A RESOLUTION EXPRESSING OPPOSITION TO SENATE BILL 450 (ATKINS)
(City Manager Suja Lowenthal)
Recommended Action:

Staff recommends City Council consider adopting by title a Resolution of the City Council of the City of Hermosa Beach, California expressing opposition to Senate Bill 450 (Attachment 1).

Executive Summary:

The City of Hermosa Beach regularly expresses its support or opposition regarding legislative matters that would have an impact on the City. The City was made aware that Senate Bill (SB) 450 has been presented to the Governor for signature. SB 450 has significant implications affecting a local jurisdiction’s ability to review proposed housing developments. Staff presents this item to consider adoption of a resolution opposing SB 450 (Atkins).

Background:

The legislature of the State of California each year proposes, passes, and has signed into law various bills addressing a range of housing and other land use issues. Many of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose mandates that do not consider the needs and differences of jurisdictions throughout the State of California.

The City was made aware that Senate Bill (SB) 450 has been presented to the Governor for signature. SB 450 has significant implications affecting a local jurisdiction’s ability to review proposed housing developments.

Past Board, Commission, and Council Actions
Meeting Date Description
May 25, 2021 City Council approved the adoption of a Resolution expressing support for actions to further strengthen local authority and control as related to local zoning and housing issues.

City of Hermosa Beach | Page 2 of 4
Meeting Date Description
November 23, 2021 City Council adopted a resolution expressing support for the “Brand-Huang-Mendoza Tri-partisan Land Use Initiative” to Amend Article XI of the Constitution of the State of California to make zoning and land use community affairs, and not of State interest, submitted to the Attorney General of
California.

July 11, 2023 City Council directed Staff to prepare a Resolution expressing support to further strengthen local democracy, authority, and control as related to local zoning and housing issues.

March 26, 2024 Councilmember Detoy requested, and Mayor Pro Tem Francois and Councilmember Jackson supported, a future
agenda item to consider adoption of a resolution expressing opposition to Assembly Bill 2560 and other similar bills.

April 9, 2024 City Council adopted Resolution 24,742 opposing to Assembly Bill (AB) 2560, SB 1077, SB 1092, and SB 951,
all of which impacted local control in the Coastal zone.

Discussion:

Senate Bill (SB) 9, commonly known as the “urban lot split” or “two-unit” development housing regulations, was adopted in 2021. SB 9 required that required that jurisdictions consider proposed housing developments containing no more than 2 residential units within a single-family residential zone ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including that the proposed housing development does not allow for the demolition of more than 25 percent of the existing exterior structural walls, except as provided. Jurisdictions were able to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified, on the proposed housing development.

Jurisdictions could also deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided.

Senate Bill (SB) 450
On September 3, 2024, Senator Atkins introduced Senate Bill 450, which proposes to strengthen SB 9 by changing the following:

1. Remove the requirement that a proposed housing development does not allow for the demolition of more than 25 percent of the existing exterior structural walls to be considered ministerially.

2. Prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly

City of Hermosa Beach | Page 3 of 4
to development within the underlying zone (these provisions do not prohibit a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone.)

3. Remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment.

4. Require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application and would deem the application approved after that time.

5. Require a permitting agency, if it denies an application, to provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

Staff recommends City Council consider adopting by title a Resolution (Attachment 1) of the City Council of the City of Hermosa Beach, California expressing opposition to SB 450 for its impact to local control.

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:
 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.

Goal 4. A leader and partner in the region.

Policy:
 4.1 Regional governance. Play an active role in the South Bay Cities Council of Governments, the Southern California Association of Governments and other regional agencies to protect and promote the interests of the City.

Land Use Element

City of Hermosa Beach | Page 4 of 4
Goal 1. Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents.

Goal 2. Neighborhoods provide for diverse needs of residents of all ages and abilities, and are organized to support healthy and active lifestyles.

Goal 3. A series of unique, destination-oriented districts throughout Hermosa Beach.

Goal 4. A variety of corridors throughout the city provide opportunities for shopping, recreation, commerce, employment, and circulation.

Goal 5. Quality and authenticity in architecture and site design in all construction and renovation of buildings.

Goal 6. A pedestrian-focused urban form that creates visual interest and a comfortable outdoor environment.

Goal 7. Adequate space and appropriate integration of community and school facilities that support physical activity, civic life and social connections for residents of all ages and interests.

Goal 8. A range of coastal-dependent and visitor-serving uses available to serve a variety of income ranges and amenity desires.

Goal 9. Local energy independence through renewable energy generation.

Goal 10. A strong sense of cultural and architectural heritage.

Goal 11. A proud and visible identity as an arts and cultural community.

Goal 12. A mix of cultural facilities that support and encourage the community’s vibrant range of art creation and presentation.

Goal 13. Land use patterns that improve the health of residents.

Fiscal Impact:

There is no immediate fiscal impact associated with the recommended action.

Attachments:

1. Draft Resolution

2. Senate Bill 450 Text
Respectfully Submitted by: Carrie Tai, Community Development Director Noted for Fiscal Impact: Viki Copeland, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

CITY OF HERMOSA BEACH
RES-24-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA EXPRESSING OPPOSITION TO SENATE BILL 450 (ATKINS)
WHEREAS, the legislature of the State of California each year proposes, passes, and has signed into law a number of bills addressing a range of housing issues; and
WHEREAS, the legislature of the State of California does not allow sufficient time between each legislative cycle to determine if the legislation is successful in bringing about the change for the State of California’s housing issues; and WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose mandates that do not take into account the needs and differences of jurisdictions throughout the State of California; and WHEREAS, the ability of local jurisdictions to determine for themselves which projects require review beyond a ministerial approval; what parking requirements are appropriate for various neighborhoods within their jurisdiction; what plans and programs are suitable and practical for each community rather than having these decisions imposed upon cities without regard to the circumstances of each individual city; and what zoning should be allowed for properties in the Coastal Zone is a matter of great importance of the City of Hermosa Beach among other items related to local zoning and housing issues; and
WHEREAS, the City Council of the City of Hermosa Beach feels strongly that our local government is best able to assess the needs of our community and objects to the proliferation of State legislation that deprives us of that ability;

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

SECTION 1. The City of Hermosa Beach is opposed Senate Bill 450.

SECTION 2. The City of Hermosa Beach is opposed to the current practice of the legislature of the State of California of continually proposing and passing multitudes of bills that directly impact and interfere with the ability of cities to control their own destiny through use of the zoning authority that has been granted to them.

SECTION 3. The City of Hermosa Beach will explore various ways to protect the ability of cities to retain local control over zoning as each individual city within the State of California is best suited to determine how the zoning in their city should be allocated in order to meet the housing needs of the community.

PASSED, APPROVED, and ADOPTED on this 24th day of September, 2024.

Mayor Dean Francois
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

SHARE THIS: Date Published: 09/03/2024 09:00 PM
SENATE BILL NO. 450
SB-450 Housing development: approvals. (2023-2024)
ENROLLED SEPTEMBER 03, 2024
PASSED IN SENATE AUGUST 29, 2024
PASSED IN ASSEMBLY AUGUST 28, 2024
AMENDED IN ASSEMBLY AUGUST 22, 2024
AMENDED IN ASSEMBLY SEPTEMBER 01, 2023
AMENDED IN SENATE MARCH 16, 2023
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Senator Atkins
February 13, 2023
An act to amend Sections 65852.21 and 66411.7 of the Government Code, and to amend Section 4 of Chapter 162 of the Statutes of 2021, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST
SB 450, Atkins. Housing development: approvals.
(1) The Planning and Zoning law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided. Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified, on the proposed housing development. Existing law authorizes a local agency to deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided.

This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially. The bill would prohibit a Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 9/19/24, 12:41 PM Bill Text - SB-450 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB450 1/8

local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone, but would specify that these provisions do not prohibit a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone. The bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The bill would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. The bill would require a permitting agency, if it denies an application, to provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (2) The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps.

Existing law requires a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements. Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified. Existing law authorizes a local agency to deny an urban lot split if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided.

This bill would specify that objective zoning standards, objective subdivision standards, and objective design standards imposed by a local agency must be related to the design or improvements of a parcel. This bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The bill would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. The bill would require a permitting agency, if it denies an application, to provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (3) This bill would make additional nonsubstantive and conforming changes to these provisions. (4) The bill would include findings related to changes proposed by this bill and would amend certain findings in existing law to state that the provisions address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (5) By increasing the duties of local agencies with respect to land use regulations, the bill would impose a statemandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65852.21 of the Government Code is amended to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a singlefamily residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. 9/19/24, 12:41 PM Bill Text - SB-450 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB450 2/8

(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, as that section read on September 16, 2021. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(5) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraphs (2) and (3), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (3) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone. This subdivision shall not prevent a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on development authorized by this section if those standards are more permissive than applicable standards within the underlying zone. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Offstreet parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 9/19/24, 12:41 PM Bill Text - SB-450 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB450 3/8

(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7.
(g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) (1) An application for a proposed housing development pursuant to this section shall be considered and approved or denied within 60 days from the date the local agency receives a completed application. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for a proposed housing development pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(i) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (j) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(3) “Local agency” means a city, county, or city and county, whether general law or chartered. (k) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

SEC. 2. Section 66411.7 of the Government Code is amended to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
9/19/24, 12:41 PM Bill Text - SB-450 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB450 4/8