EXHIBIT A-1: PAYMENT OF SERVICES FOR FISCAL
YEAR 2026-2027
JULY 1, 2026 – JUNE 30, 2027
Item No. Description Approximante
Quantity
Unit Unit
Price
Total
1A Maintain Priority A Catch
Basins (20 Catch Basins 4 times
a year)
80 Cleanings EA $38.25 3,060.00
1B Maintain Priority B Catch
Basins (63 catch basins 3 times
a year)
189 Cleanings EA $38.25 $7,229.25
1C Maintain Priority C Catch
Basins (224 catch basins 2 times
a year)
448 Cleanings EA $38.25 17,136.00
2A Maintain Priority A Infiltration
Bains (16 infiltration basins 4
times a year)
64 Cleanings EA $54.64 $3,496.96
2B Maintain Priority B Infiltration
Basins (5 infiltration boxes 3
times a year)
15 Cleanings EA $54.64 $819.60
2C Maintain Priority C Infiltration
Basins (32 infiltration boxes 2
times a year)
64 Cleanings EA $54.64 $3,496.96
3 Trasnportation/Disposal of NonRCRA Material
Estimate 2,000
LBS.
LBS $98.35 $98.35
4 Lab Analysis 1 time EA $109.27 $109.27
5 Trasnportation/Disposal
(California/Federal Hazardous)
If needed,
estimate 200
LBS.
LBS $4,370.91 $4,370.91
6 Maintain Biofiltration Box
(Filterra) (2 biofiltration boxes 2
times a year)
4 Cleanings EA $546.36 $2,185.44
7 Emergency (after Hours) 30 hours HR $109.27 $3,278.10 Total $45,280.84
TOTAL AMOUNT IN FIGURES : $45,280.84______________________________________ TOTAL AMOUNT IN WORDS :
forty-five thousand two hundred eighty dollars and eighty-four cents. ____________________
City of Hermosa Beach | Page 1 of 4
Meeting Date: March 10, 2026
Staff Report No. 26-PW-010
Honorable Mayor and Members of the Hermosa Beach City Council
ADOPT A RESOLUTION AND APPROVE THE INCREASE OF PROJECT
CONTINGENCY TO CIP 630 COMMUNITY CENTER GAS LINE REPAIRS CEQA: Determine that CIP 630, Community Center Gas Line Repairs, is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (Existing Facilities)
(Public Works Director Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1. Determine that CIP 630, Community Center Gas Line Repairs is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (Existing Facilities);
2. Adopt a resolution (Attachment 1) authorizing the increase in project contingency by $42,000 from $46,600 to $88,600 for CIP 630 Community Center Gas Line Repairs project for a total authorized amount of $321,600; and
3. Authorize the Director of Public Works to approve contract change orders up to the approved project contingency amount.
Executive Summary:
On September 9, 2025, City Council awarded a construction contract to New Power Contracting for Building Mechanicals in the amount of $233,000, with a 20% project contingency of $46,600, for a total authorized amount of $279,600.
Construction activities have revealed unforeseen site conditions that have required significant use of the approved contingency. Approximately 80% of the contingency has been expended to address these conditions. The remaining Council approved contingency is expected to be insufficient to address any additional unforeseen issues or potential change orders necessary to complete the project. Staff is requesting City Council authorize the Director of Public Works to increase the total project contingency amount by $42,000 from $46,600 to $88,600 and to approve contract change orders up to the amount of the approved project contingency. Sufficient funds are available within the existing project budget to accommodate the contingency increase, and no additional appropriation is required.
City of Hermosa Beach | Page 2 of 4
CIP 630 Community Center Gas Repairs includes, but is not limited to, abandoning and replacing portions of the existing gas piping system to restore gas service at the City of Hermosa Beach Community Center located at 710 Pier Avenue.
Background:
On March 23, 2024, Public Works staff responded to a strong odor complaint in the south wing of the Community Center and detected natural gas. Southern California Gas Company (SoCalGas) confirmed a gas leak, and the main gas line was shut off as a safety precaution. However, SoCalGas was unable to pinpoint the exact location of the leak, as it appeared to be underground. Subsequent efforts by Public Works staff, a plumbing contractor, and a specialized leak detection firm were unsuccessful due to the gas line running beneath the building and being largely encased in concrete. As a result, staff determined the most prudent and cost-effective solution was to abandon the existing gas line and install new gas lines routed from the roof to improve accessibility and facilitate future maintenance.
On September 9, 2025, City Council awarded a construction contract to New Power Contracting for Building Mechanicals in the amount of $233,000, with a project contingency of $46,600, to repair the gas lines in the Community Center (Attachment 2).
The project’s plans and specifications included the following approved scope of work:
Abandoning existing gas lines;
Replacing an existing 4-inch gas main line and extending the new main line inside an existing building chase and roof;
Running new gas lines along the building’s roof;
Extending the new gas lines through the roof and into various areas of the building to reconnect appliances and equipment;
Installing new valves;
Properly patching and sealing all roof penetrations;
Painting new piping to match adjacent wall finishes; and Patching, finishing, and replacing ceiling tiles and paint to match existing ceiling.
Construction began in October 2025 and has progressed in accordance with approved plans and specifications. However, unforeseen site conditions have required substantial use of the contingency. During core drilling operations at the south building (gymnasium, classrooms, and Emergency Operations Center), it was discovered that the concrete roof thickness exceeded what was indicated in available records. As a result, the original plan to extend new gas lines through the roof was not feasible. Instead, the new gas lines were re-routed through attic spaces connecting the classrooms, surface-mounted along the gymnasium ceiling, and extended to the EOC utilizing attic access.
Additionally, during construction, asbestos-containing plaster ceiling material was discovered between the drop ceiling system (T-bar and ceiling tiles) and the roof in
City of Hermosa Beach | Page 3 of 4
portions of the south building. Asbestos-containing debris was also identified in attic spaces of the north building. As a result, these materials required removal by a certified hazardous abatement contractor prior to continuation of work. The remaining Councilapproved contingency is anticipated to be insufficient to address any further unforeseen conditions while completing the project. The proposed improvements are necessary to fully restore gas service throughout the Community Center for heating and operation of various building systems and appliances.
Past Council Action
Meeting Date Description
September 9, 2025 Award of Construction for CIP 630 Community Center Gas Repairs
Discussion:
Staff recommends City Council approve the increase in the contract contingency by $42,000, which will bring the total project contingency to $88,600. The additional contingency will provide flexibility to address any remaining unforeseen conditions and allow the project to proceed without delay. Given the age of the facility and the complexity of routing utilities through existing structures, maintaining adequate contingency is prudent to ensure successful project completion. Staff has reviewed the proposed change orders received to date and finds the proposed costs are consistent with expectations and is a good value. As New Power Contracting for Building Mechanicals is currently working in the facility, which has no reliable heat source beyond space heaters, and their ability to self-perform the task (i.e., no sub-contractors) and avoid additional mobilization on the project site, further competitive bidding would not produce any competitive advantage to the City, and likely miss the opportunity to complete much of the work in an expedited manner so that heat can be fully restored to the building.
Environmental Analysis:
The Project is exempt under CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities). The proposed work is a minor alteration of existing public structures or facilities involving negligible or no expansion of existing use. No exceptions to the CEQA exemption apply.
Fiscal Impact:
The requested increase of the project contingency totals $42,000. Approval of the proposed increase will revise the total contract spending authority to $321,600, including a contingency of $88,600.
City Council previously approved $279,600 in spending authority for the construction of the project, including $233,000 for New Power Contracting for Building Mechanicals and a $46,600 project contingency.
City of Hermosa Beach | Page 4 of 4
CIP 630 Community Center Gas Repairs is included in the current Fiscal Year 2025-26 Budget and funded through the Capital Improvement Fund (301) with a total project budget of $350,000. Sufficient funds are available within the existing project budget to accommodate the contingency increase. No additional appropriation is required.
Agreement Modification Request
Agreement
Current
Authorized
Amount
Modified
Request
Amount
FY 2025-26
Budget
Dept. Account #
Total Revised
Contract
Amount
New Power
Contracting for
Building Mechanicals
$279,600 $42,000 301-8630-4201 $321,600
Attachments:
1. Resolution Approving Increase in Project Contingency
2. New Power Contracting for Building Mechanicals Contract Respectfully Submitted by: Michael Dell’Amico, Management Analyst Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Henry Chao, Finance Manager
Concur: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager
CITY OF HERMOSA BEACH
RESOLUTION NO. 26-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AUTHORIZING THE INCREASE IN PROJECT
CONTINGENCY WITH NEW POWER CONTRACTING FOR BUILDING
MECHANICALS FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROGRAM 630 COMMUNITY CENTER GAS PROJECT
WHEREAS, the City of Hermosa Beach (“City”) previously awarded a competitively bid contract for the Capital Improvement Program 630 Community Center Gas Project (“Project”) to Slater New Power Contracting for Building Mechanicals (“Contractor”) in the amount of $233,000 (“Original Contract Price”) with a project contingency of $46,600 (“Original Contingency”), for a total original authorization of $279,600 (collectively, “Original Authorization”);
WHEREAS, the City executed a contract agreement with the Contractor dated September 9, 2025 (“Agreement”), for the Project;
WHEREAS, during the course of construction of the Project the Original Contingency was exhausted and City staff identified additional work necessary to complete the Project; and
WHEREAS, the City Council (“Council”) desires to increase the contingency to allow for timely issuance of any change orders necessary to complete the Project.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.
SECTION 2. Competitive Bidding Determination. The Council hereby determines that further competitive bidding would not produce any competitive advantage to the City (and would likely cause the City to miss the opportunity to complete much of the work in an expedited manner so that heat can be fully restored to the building) since Contractor is currently working in the facility (which has no reliable heat source beyond
space heaters) and it has the ability to self-perform the task (i.e., no sub-contractors) and avoid additional mobilization on the project site.
SECTION 3. Authorization. The Council hereby authorizes the following:
a. The City Engineer or designee to act on the City’s
behalf in approving any alterations or modifications of the design and plans approved by this Resolution.
b. The increase of the Original Authorization by $42,000 to fund the additional contingency for the Project, for a total current authorization of $279,600.
SECTION 4. Design Immunity. The approval and authorization granted by this Resolution is intended to avail the City and the City’s delegated officers of the immunities set forth in California Government Code section 830.6.
SECTION 5. California Environmental Quality Act (“CEQA”). The City Council finds that this Resolution is not subject to CEQA pursuant to Section 15301 (the proposed work is a minor alteration of existing public structures or facilities involving negligible or no expansion of existing use).
SECTION 6. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The City Council hereby declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution; cause the same to be entered among the original resolutions of the City; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which time same is passed and adopted.
SECTION 8. Effective Date. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, and ADOPTED on this 10th day of March 2026.
Mayor Mike Detoy
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Ann Yang Jason Baltimore
Interim City Clerk Interim City Attorney
City of Hermosa Beach | Page 1 of 4
Meeting Date: March 10, 2026
Staff Report No. 26-PW-007
Honorable Mayor and Members of the Hermosa Beach City Council
ADOPT A RESOLUTION AND APPROVE THE SECOND AMENDMENT TO THE
JANITORIAL SERVICES CONTRACT WITH XANADU SYSTEM SERVICES CEQA: The action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5), as it consists of administrative activities that will not result in a direct or indirect physical change in the environment. The amendment pertains to ongoing custodial services within existing facilities. (Public Works Director Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1. Determine that the Second Amendment to the Janitorial Servies Contract with Xanadu System Services is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378 (b)(5) (administrative activities);
2. Adopt a resolution to approve the second amendment to the agreement with Xanadu Service Systems for janitorial services, adding additional services for the remainder of Fiscal Year (FY) 25-26, extending the contract term through June 30, 2027, and increasing the total not-to-exceed contract amount from $651,696 to $895,313; (Attachment 1);
3. Authorize the Director of Public Works to increase the established project contingency per year from $10,000 to $15,000 per year starting in FY 26-27; and
4. Authorize the City Manager to execute the proposed amendment, approve minor non-substantive modifications if necessary, and execute all related documents, with the City Clerk attesting the agreement subject to approval by the City Attorney.
Executive Summary:
At its May 24, 2022 meeting, City Council awarded a maintenance services agreement to Xanadu Service Systems (formerly Valley Maintenance Services, Inc.) for janitorial services at all City facilities for a period of four years starting on June 1, 2022 and ending June 30, 2026, with an option to extend the contract term by one additional year (Attachment 2). Staff is seeking Council approval to amend the agreement to incorporate routine cleaning of the Parking Structure C elevator into the scope of work; increase daily porter coverage by three (3) additional hours; and extend the agreement term for one (1) additional year at updated rates with an added contingency to cover as-needed janitorial needs.
City of Hermosa Beach | Page 2 of 4
Background:
Xanadu Service Systems (formerly Valley Maintenance Services, Inc., see Attachment 3) has provided janitorial services for all City facilities since June 1, 2022. Following a competitive solicitation process that was publicly advertised on April 21, 2022, Xanadu was awarded a contract by City Council at the May 24, 2022, meeting for a four-year period, starting on June 1, 2022 and ending June 30, 2026, with an option to extend the contract term by one additional year. The contract was amended in May 2022, to incorporate the cleaning of two classrooms at the South Park Building at 1645 Valley Drive into the scope of work (Attachment 4).
During the contract period, staff has identified additional service needs, requiring minor modification to the current contract scope, including adjustments to the Parking Structure C elevator cleaning and the City’s daily porter services. The proposed second amendment modifies the agreement to incorporate these expanded services during FY 25-26 and extends the contract term to June 30, 2027 with updated contract rates for FY 26-27.
Past Council Action
Meeting Date Description
May 24, 2022 Award contract for Janitorial Services
Discussion:
The proposed contract amendment adds more structured and enhanced cleaning of the Parking Structure C elevator. The cleaning of the elevator is currently provided by Athen’s Services. The elevator generally experiences a high level of public use, and service requests, which has impacted the City’s maintenance and operations team responding to requests. The elevator is being completely refurbished as part of Capital Improvement Program (CIP) project 699 and staff is recommending transferring the responsibility of elevator cleaning to the City’s janitorial services contractor to better align cleaning expertise with the required cleaning needs for the new elevator once it is re-opened, which is anticipated in late March 2026. The new scope of work would include regular disinfection of high tough areas (e.g., buttons, rails), floors, doors, tracks, sills, walls, and general surfaces, quarterly deep cleaning, and sweeping of the adjacent walkway near the elevator entrance. Cleaning will be completed using non-abrasive cleaners, microfiber clothes and high-efficiency particulate air (HEPA) filtered vacuums with special care for electronics and finishes to prevent damage to the newly renovated elevator. Establishing a defined service schedule enhances sanitation, improves the overall public presentation of the facility, and supports long-term preservation within a highly visible and heavily utilized City asset. If approved by Council, services would begin as soon as the elevator is re-opened for services upon completion of CIP 699, anticipated in late March 2026.
The cost for these services will be prorated for the month based on the start date.
The proposed contract amendment also increases daily porter service coverage by three (3) additional hours to better align custodial operations with current facility usage levels.
City of Hermosa Beach | Page 3 of 4
The existing contract with Xanadu has a provision to provide a “day person” from 8 AM – 2 PM, Monday through Sunday, for “porter services” that are intended for as-needed services during normal operating hours as well as ensuring high-traffic areas are well maintained. Staff has experienced a gap in service from 2 PM until the evening service begins, typically at 7 PM, particularly at the Community Center, which is experiencing a high volume of visitors and programmed events. These additional services are being offered at a rate of $35 per hour, which will increase the monthly cost by $3,150.
Expanded porter coverage will improve responsiveness during peak activity periods, particularly at the Community Center, and allow for more frequent restroom monitoring and restocking, and ensure timely attention to spills or sanitation concerns; these improvements will also reduce requests to the City’s Public Works Operations and Maintenance team that are currently responding to issues. Maintaining adequate custodial presence throughout operating hours is critical to preserving public health standards and ensuring that City facilities remain clean, safe, and welcoming for residents and visitors. These expanded services will be implemented immediately upon City Council approval and execution of the amendment to reduce service gaps and provide an enhanced level of service to meet current demand. The cost for these services will be prorated for the month based on the start date.
The current agreement is set to expire on June 30, 2026. The amendment extends the Agreement for one (1) additional year with updated rates to reflect current market conditions for labor costs to provide services. Staff solicited updated rates from Xanadu Service Systems for the new fiscal year and negotiated a price increase capped at 3.5%, for the current scope of work, which is consistent with the consumer price index (CPI).
The rates for the extended porter service and Parking Structure C will remain unchanged from March 2026 through the end of the agreement on June 30, 2027. Xanadu Service Systems has demonstrated satisfactory performance under the existing agreement and staff recommends Council approve extending the term one additional year. Extending the term provides service continuity, avoids potential disruption associated with rebidding, and allows the City to maintain established custodial standards while continuing to evaluate long-term service delivery strategies. The amendment also includes a contingency increase to $15,000 to provide the City flexibility to address unforeseen or supplemental custodial service needs that may arise during the extended term without requiring additional Council action. Staff intends to issue a Request for Proposals (RFP) for janitorial services in the new fiscal year covering services starting in FY 27-28.
Environmental Analysis:
The proposed action is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5), as it consists of administrative activities that will not result in a direct or indirect physical change in the environment. The amendment pertains to ongoing custodial services within existing facilities.
City of Hermosa Beach | Page 4 of 4
Fiscal Impact:
For the current FY 2025-26, the second amendment increases the annual contract amount by $15,520 to account for the addition of parking structure elevator cleaning services and the three-hour increase in daily porter coverage which is anticipated to begin this March 2026 month. The amended monthly service cost with the additional service would be $18,497 per month. Staff will transfer $15,520 from available budgeted prospective expenditures to the Building Maintenance budget for the additional services.
The second amendment also extends the service contract one more year for Fiscal Year 2026-27. Starting in July 2026, the cost of services will increase from $18,497 per month to $19,009 per month for a total contract cost of $228,103. In addition, staff is seeking Council approval of a $15,000 contingency to cover as needed emergency cleaning services for a total of $243,103.
Staff will budget the upcoming Fiscal Year 2026-27 extension year service cost as part of the upcoming Fiscal Year 2026-27 budget.
Agreement Modification Request: Amendment 2
Fiscal Year (FY)
Current
Authorized
Amount
Modified
Request
Amount
Budget
Dept. Account
#
Total
Revised
Contract
Amount
FY 2025-26 Year $175,404 $15,520 001-4204-4201 $190,924 FY 2025-26 Contingency $10,000 001-4204-4201 $10,000
FY 2025-26 Total: $185,404 $200,924
FY 2026-27 Year $228,103 001-4204-4201 $228,103
FY 2026-27 Contingency $15,000 001-4204-4201 $15,000
FY 2026-27 Total: $243,103 $243,103
Attachments:
1. Amendment No. 2 with Xanadu Service Systems
2. Agreement with Valley Maintenance Corp.
3. Assignment Agreement with Xanadu Service Systems
4. Amendment No. 1 Valley Maintenance Corp.
Respectfully Submitted by: Michael Dell’Amico, Management Analyst Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Henry Chao, Finance Manager
Concur: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager
65270.00001\44524032.1
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 AMENDMENT NO. 2
TO
AGREEMENT FOR JANITORIAL SERVICES
BETWEEN
THE CITY OF HERMOSA BEACH
AND
XANADU SERVICE SYSTEMS
This Amendment No. 2 to the Agreement for Janitorial Services (“Amendment No. 2”) is made and entered into as of March 10, 2026 (“Effective Date”), by and between the City of Hermosa Beach (a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1315 Valley Drive, Hermosa Beach, California 90254) (“City”) and Xanadu Service Systems (a California Corporation with its principal place of business at 3660 Wilshire Boulevard, Los Angeles, California 90010) (“Consultant”).
City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.
Recitals
A. City and Valley Maintenance Corporation (“Valley”) entered an agreement dated May 24, 2022 (“Agreement”), for Consultant to provide janitorial services (“Services”); and
B. City and Valley amended the Agreement on July 1, 2024, to increase contract amount and clarify that the scope of services will reflect an additional two classrooms that will be cleaned at South Park School; and C. Valley merged with Consultant on April 1, 2025, and the terms and conditions of the Agreement remained the same after the merger as set forth in Exhibit A (attached hereto and incorporated herein by reference); and D. The Parties and Valley entered into Assignment and Consent to Assignment Agreement pursuant to Section 8 (Assignment and Subcontracting) of the Agreement on June 24, 2025, whereby Consultant assumed and agreed to be bound by all of Valley’s obligations in the Agreement as set forth in Exhibit B (attached hereto and incorporated herein by reference); and F. The Parties now desire to amend the Agreement a second time in order to extend the term and increase the contract amount for the continued performance of the Services.
NOW, THEREFORE, the Parties mutually agree as follows:
BBK (2026) Page 2 of 9 AMENDMENT NO. 2
65270.00021\44443112.1
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct, and are hereby incorporated herein by this reference.
2. Amendment. The Agreement is hereby amended as follows:
a. Time of Performance. Section 2 is amended by extending the term to June 30, 2027.
b. Payment of Services. Section 3 is amended by setting the compensation amounts to those listed in Consultant’s Rate Sheet as set forth in Exhibit C (attached hereto and incorporated herein by reference). c. Work Schedule. Section 5.1.5 of Exhibit A is amended by replacing the words “2:00 PM” with the words “5:00 PM” in the second bullet under work hours.
d. Special Requirements. Section 5.2.4 of Exhibit A is amended by adding a new subsection L to read as follows:
“Parking Structure C Elevator”
The Contractor shall perform the following services for the Parking Structure C Elevator:
• High Touch Surface Disinfection - the Contractor shall provide daily disinfection of all high touch surfaces
including but not limited to elevator buttons, control
panels, handrails, and similar contact points.
• Floors, Walls, and General Surfaces - the Contractor shall conduct daily cleaning of elevator floors and walls,
including:
• Vacuuming and/or mopping floors.
• Wiping and spot cleaning wall surfaces to
preserve appearance and hygiene.
• Door Tracks and Sills - the Contractor shall perform daily cleaning of door tracks, sills, and thresholds using HighEfficiency Particulate Air (‘HEPA”) equipped vacuuming equipment to remove accumulated dirt and debris and
ensure proper operation.
BBK (2026) Page 3 of 9 AMENDMENT NO. 2
65270.00021\44443112.1
• Quarterly Deep Cleaning - the Contractor shall
complete a comprehensive deep cleaning of elevator
interiors including cleaning ceilings, light fixtures, and upper surfaces on a quarterly basis.
• For all cleaning activities, the Contractor shall use:
• Non-abrasive cleaners and microfiber cloths to
protect finishes.
• HEPA vacuuming for vents and other elevated
or recessed areas.
• Exercise special care around electronic
components, sensors, and specialty finishes to
prevent damage.
• Adjacent Walkway Maintenance - the Contractor shall
sweep common walkway areas leading to the elevator
daily to prevent dirt migration into the elevator cab.”
3. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement shall remain in full force and effect; and shall govern the actions of the Parties under this Amendment No. 2.
Whenever the term “Agreement” appears in the original Agreement from and after the date of this Amendment No. 2, it shall mean the Agreement as amended by this Amendment No. 2.
4. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, electronic mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.
5. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
BBK (2026) Page 4 of 9 AMENDMENT NO. 2
65270.00021\44443112.1
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date.
CITY OF HERMOSA BEACH
APPROVED BY:
Steve Napolitano
City Manager
ATTESTED BY:
Ann Yang
Interim City Clerk
APPROVED AS TO FORM:
Jason Baltimore
Interim City Attorney
XANADU SERVICE SYSTEMS
Bruce Hwang
Vice President
Attachments:
Exhibit A – Valley Maintenance/ Xanadu Merger Letter dated April 1, 2025 Exhibit B – Assignment Agreement dated June 24, 2025
Exhibit C – Payment of Services
BBK (2026) Page 5 of 9 AMENDMENT NO. 2
65270.00021\44443112.1
Exhibit A – Valley Maintenance/ Xanadu Merger Letter dated April 1, 2025
BBK (2026) Page 6 of 9 AMENDMENT NO. 2
65270.00021\44443112.1
Exhibit B – Assignment Agreement dated June 24, 2025
BBK (2026) Page 7 of 9 AMENDMENT NO. 2
65270.00021\44443112.1
Exhibit C – Payment of Services
BBK (2026) Page 8 of 9 AMENDMENT NO. 2
65270.00021\44443112.1
Monthly Rates for March 2026 – June 30, 2026
Item Description Monthly
1 City Hall
1315 Valley Drive
$ 1062.00
2 City Yard
555 6th Street
$531.00
3 Clark Building
861 Valley Drive
$534.00
4 Community Center
710 Pier Avenue
$2,995.00
5 Community Services Building
1035 Valley Drive
$265.00
6 Lawn Bowling Green
861 Valley Drive
$158.00
7 Park Restrooms – 5 Locations
-Clark Field
861 Valley Drive
-Fort Lots-of-Fun
1102 6th Street
-Sea View Park
1870 Prospect Avenue
-South Park
425 Valley Drive
-Valley Park
2521 Valley Drive
$1,865.00
8 Police Department, Jail, and Motor Office
540 Pier Avenue
$2,237.00
9 Police Station
1311 13th Street
$260.00
10 South Park School
1645 Valley Drive
$520.00
11 Bard Street Trailers
1315 Valley Drive
$460.00
12 Day Porter Service (8am – 2pm) $3,730.00
13 Parking Structure Elevator Cleaning $730.00
14 Porter Extension Extra 3 hours per day
(2pm – 5pm @ $35/hour per person)
$3,150.00
Total $18,497.00
TOTAL AMOUNT IN FIGURES: $18,497.00_______________________________ TOTAL AMOUNT IN WORDS: eighteen thousand four hundred and ninety-seven dollars
BBK (2026) Page 9 of 9 AMENDMENT NO. 2
65270.00021\44443112.1
Monthly Rates for July 1, 2026 – June 30, 2027
Item Description Monthly
1 City Hall
1315 Valley Drive
$ 1,099.17
2 City Yard
555 6th Street
$549.58
3 Clark Building
861 Valley Drive
$552.69
4 Community Center
710 Pier Avenue
$3,099.82
5 Community Services Building
1035 Valley Drive
$274.27
6 Lawn Bowling Green
861 Valley Drive
$163.53
7 Park Restrooms – 5 Locations
-Clark Field
861 Valley Drive
-Fort Lots-of-Fun
1102 6th Street
-Sea View Park
1870 Prospect Avenue
-South Park
425 Valley Drive
-Valley Park
2521 Valley Drive
$1,930.27
8 Police Department, Jail, and Motor Office
540 Pier Avenue
$2,315.29
9 Police Station
1311 13th Street
$269.10
10 South Park School
1645 Valley Drive
$538.20
11 Bard Street Trailers
1315 Valley Drive
$476.10
12 Day Porter Service (8am – 2pm) $3,860.55
13 Parking Structure Elevator Cleaning $730.00
14 Porter Extension Extra 3 hours per day
(2pm – 5pm @ $35/hour per person)
$3,150.00
Total $19,008.57
TOTAL AMOUNT IN FIGURES: $19,008.57_______________________________ TOTAL AMOUNT IN WORDS: nineteen thousand and eight dollars and fifty-seven cents.
CITY OF HERMOSA BEACH
AGREEMENTFOR JANITORIAL SERVICES
This Agreementfor Janitorial Services(“Agreement”)is made on this 24th day of May 2022, at Hermosa Beach, California, by and between the City of Hermosa Beach, a municipal corporation, 1315 Valley Drive, Hermosa Beach, California 90254 (hereinafter referred to as the “CITY”) and Valley Maintenance Corp. (hereinafter referred to as the “CONTRACTOR”).
RECITALS
A. CITY proposes to contract for Janitorial Services as set forth below in this Agreement;
B. CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide the services described in Exhibit A.
NOW, THEREFORE,the CITY and the CONTRACTOR mutually agreeas follows:
1. SERVICES. CONTRACTOR shall perform those services set forth in “Exhibit A” (Request for Proposal Document - Janitorial Services) which is attached hereto and incorporated herein by reference. By executing this Agreement, CONTRACTOR represents that it 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.
2. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence upon receipt of a notice to proceed from CITY and shall be completed within the time period designated by CITY. The term of this Agreement shall be for the time period beginning July 1, 2022 and ending on June 230, 2026, unless extended in writing in advance by the CITY.
3. PAYMENT FOR SERVICES. CONTRACTOR shall be compensated in an amount not to exceed those amounts as listed on pages P-12B through P-16B of Exhibit A. Compensation shall under no circumstances be increased except by written amendment of this Agreement.
CONTRACTOR shall be paid within thirty (30) days of presentation of an DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
invoice to CITY for services performed to CITY’s satisfaction.
CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requestedby CITY.
4. CONTRACT ADMINISTRATION.
4.1. CITY’s Representative. Unless otherwise designated in writing John Cordova, Public Works Superintendent shall serve as the CITY’s representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person.
4.2. Manager-in-Charge. For the CONTRACTOR Bruce M. Hwang, Vice President shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CONTRACTOR. The Manager-inCharge shall not be replaced without the written consent of the CITY.
4.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon
request in order to minimize duplication of efforts. The CITY’s staff shall work with the CONTRACTOR as necessary to facilitate performance of the services.
4.4. Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR’s services under this
Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from
performing services on the CITY’s premises.
5. TERMINATION.
5.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' written notice of such DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination.
5.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another contractor.
6. INDEMNIFICATION.
6.1. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
6.2. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerningindemnification.
7. INSURANCE REQUIREMENTS.
7.1. The CONTRACTOR, at the CONTRACTOR’s own cost and
expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
7.1.1. Workers’ Compensation Coverage. The CONTRACTOR
shall maintain Workers’ Compensation Insurance and
Employer’s Liability Insurance for its employees in
accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every
subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability
Insurance in accordance with the laws of the State of
California for all of the subcontractor’s 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 fromwork performedby the CONTRACTOR for City.
7.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an
amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the
general aggregate limit shall be at least twice the
required occurrence limit.
DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
7.1.3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the
CONTRACTOR arising out of or in connection with the
work to be performed under this Agreement, including
coverage for owned, hired, and non-owned vehicles, in
an amount of not less than three hundred thousand
dollars ($300,000) combined single limit for each
occurrence.
7.2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the specific language of Section 8.2.1 below.
7.2.1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as
additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR,
including materials, parts, or equipment furnished in
connection with such work or operations.”
7.2.2. 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 selfinsured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
7.2.3. 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.
7.2.4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials,
employees, or agents.
7.2.5. Any failure to comply with reporting provisions of the policies shall not affect coverage providedto the City, its DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
elected or appointed officers, officials, employees,
agents, or volunteers.
7.2.6. 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.
7.3. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or selfinsured retentions.
7.4. Certificates of Insurance. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement.
Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
7.5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 6.2 above.
7.6. Nonpayment of Deductible. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the
CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement.
Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.
Should City pay the SIR or deductible on CONTRACTOR’S behalf upon the CONTRACTOR’S failure or refusal to do so in order to secure defense and indemnification as an additional insured DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
under the policy, City may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by City due to the breach.
8. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to the CITY for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR. Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be permitted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY. If the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
9. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS. The CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
9.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. In the event that the CITY is audited by any Federal or State agency regarding the independent contractor status of the CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between the CITY and the CONTRACTOR, then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys’ fees, arising out of such audit and any appeals relating thereto.
9.2. Workers’ Compensation Law. The CONTRACTOR shall fully comply with the workers’ compensation law regarding the CONTRACTOR and the CONTRACTOR’s employees. The
DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers’ compensation laws. The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR’s failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section.
9.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR
represents and warrants to the CITY that the CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance.
10. CONFLICT OF INTEREST. The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement.
The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation.
11. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition.
12. RECORDS AND AUDITS. The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
authorized representative and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by the CITY at any time during regular business hours.
13. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR’s notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request.
14. INDEPENDENT CONTRACTOR. The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR’s employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent.
15. NOTICE. All Notices permitted or required under this Agreement shall be in writing and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement.
Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, firstclass postage prepaid, and addressed to the party at its applicable address.
DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: Joe SanClemente, Director
Public Works Department
CONTRACTOR:
Valley Maintenance Corp.
11759 Telegraph Road
Santa Fe Springs, CA 90670
Attention: Bruce Hwang, Vice
President
16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.
17. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties.
18. ATTORNEYS’ FEES. In any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees in an amount determined by the court.
19. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY’s right to obtain DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
correction or replacement of any defective or noncompliant work product.
20. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
21. AUTHORITY TO ENTER AGREEMENT. The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
IN WITNESS WHEREOF, the parties have executed this Agreement the 24th day of May 2022.
CITY OF HERMOSA BEACH: CONTRACTOR:
Michael Detoy, City Mayor Valley Maintenance Corp.
ATTEST: Bruce Hwang, Vice President
Myra Maravilla, City Clerk Contractor’s State License # APPROVEDAS TO FORM:
Michael Jenkins, City Attorney
DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY EACHAWARDEE OF A PRINCIPAL CONTRACT
STATEOF CALIFORNIA )
)ss
COUNTY OF )
being first duly sworn,deposes and says that he is
(sole owner, a partner, president, etc.)
of , the party making the
foregoing bid, that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to put a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put a sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contractor or anyone interested in the proposed contract; that all statements contained in such bid are true and, further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, of the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or agency thereof, or to any other individual, except to such person or persons who have a partnership of other financial interest with said bidder in his general business.
Signed
Title
Subscribedand swornto beforeme this day of , 2022.
Notary Public
DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
COMPENSATIONINSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City of Hermosa Beach prior to performingany work on this contract:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
CONTRACTOR: .
(TITLE)
Date
DocuSign Envelope ID: 4C8C2C3D-D46B-4A4B-9E3C-414AE276BC35
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-1- Janitorial Services
REQUEST FOR PROPOSALS
AND
CONTRACT DOCUMENTS
FOR
JANITORIAL SERVICES
RFP No. 22-006
Contract No. PW-MSA 22-004
CITY OF HERMOSA BEACH
1315 VALLEY DRIVE
HERMOSA BEACH, CA 90254
Key Information
Submit Written Questions By: 5:00PM on THURSDAY, APRIL 28, 2022 Proposals Due: 2:00PM on WEDNESDAY, MAY 11, 2022
-2- JANITORIAL SERVICES
NOTICE INVITING PROPOSALS
City of Hermosa Beach
REQUEST FOR PROPOSALS
Notice is hereby given that the City of Hermosa Beach will receive sealed proposals at the Office of the City Clerk, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254, until 2 P.M. on WEDNESDAY, MAY 11, 2022, for JANITORIAL SERVICES.
Contractor shall perform all work necessary to complete the agreement in a manner satisfactory to the Public Works Director or his/her designee. The work to be done under these specifications shall include the furnishing of all labor, material, equipment, tools, disposal site or disposal transfer station expense and any other incidental expense necessary to perform Janitorial Services for the City of Hermosa Beach. The areas to be maintained shall include City Hall, Police Department, Police Motor Office, Police Substation, Community Services Building, Clark Building, Community Center, City Yard, South Park School, Park Restrooms, and Lawn Bowling Green Field, and the Trailers on Bard Street.
The duration of the contract is four (4) years from July 1, 2022 to June 30, 2026. The successful proposer should be prepared with both equipment and man-power to commence July 1, 2022.
All proposals must be submitted in writing, on standard forms found in the Contractual Services’ Contract Documents and Specifications book. All proposals must be sealed and must be plainly marked in the lower left-hand corner “JANITORIAL SERVICES.” The Contractor must be registered with the Department of Industrial Relations at the time of proposal. Contractor’s registration available at:
https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm Each Proposer shall possess a valid State of California Contractors License issued by the California State License Board. The successful Contractor must also possess a current City business license.
The City reserves the right to reject any or all proposal and to waive any informality or irregularity in any proposal received and to be the sole judge of the merits of the respective proposals received. The award, if made, will be made to the most qualified proposer. Plans and Specifications will be available for review at City Hall.
The Request for Proposals documents must be downloaded from the City’s website, under the City Departments Tab, select City Clerk from the pull down menu – Bids and Proposals at https://pbsystem.planetbids.com/portal/51313/portal-home. To be considered as a responsive proposer you must email the Public Works Superintendent listed on the Request for Proposals to confirm you downloaded the Plans, Specifications, and Construction Documents from the City website. This action will add your company name to the Plan holder list. All questions regarding this proposal must be submitted in writing no later than 5:00 p.m., THURSDAY, APRIL 28, 2022, to Gloria Ledezma,
-3- JANITORIAL SERVICES
NOTICE INVITING PROPOSALS
Administrative Assistant, at [email protected].
Susan Morrow
Interim City Clerk
END NOTICE INVITING PROPOSALS
-4- JANITORIAL SERVICES
INSTRUCTIONS TO PROPOSERS
INSTRUCTIONS TO PROPOSERS
JANITORIAL MAINTENANCE SERVICES
RFP No. 20-006
Contract No. PW-MSA 22-004
I. GENERAL
The (“City”) is requesting proposals from qualified firms1 (“Proposers”) for maintenance services as further described herein (“Services”). All Proposers shall be properly licensed for the performance of the Services in accordance with California law.
II. SCOPE OF SERVICES/MAINTENANCE SERVICES AGREEMENT
The Proposer selected to provide the Services shall be retained under the City’s Maintenance Services Agreement (“Agreement”), included as part of these Contract Documents. The City will not consider alterations to the Agreement.
This Agreement will be for a period of four years from July 1, 2022, to June 30, 2026, with option to extend for one-year at City’s discretion based on Contractor’s performance.
The successful proposer should be prepared with both equipment and man-power to commence on July 1, 2022.
The Scope of work is to : perform Janitorial Services for the City of Hermosa Beach. The areas to be maintained shall include City Hall, Police Department, Police Motor Office, Police Substation, Community Services Building, Clark Building, Community Center, City Yard, South Park School, Park Restrooms, Lawn Bowling Green Field, and the Trailers on Bard Street per the maintenance agreement.
III. REQUESTS FOR CLARIFICATION
All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and directed to the City Contact, identified above. All written questions, if answered, will be answered in writing, conveyed to all interested firms, and posted on the City’s website. Oral statements by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by 5:00 p.m. local time on the date identified in the Key Information.
IV. CONTENT AND FORMAT OF PROPOSAL
Qualifying proposals must address all of the following points, in the following order:
1 Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation, or joint venture.
-5- JANITORIAL SERVICES
INSTRUCTIONS TO PROPOSERS
1. Cover Letter. This letter must be signed, by a member of the Proposer with the authority to commit to a contract on behalf of the Proposer, if applicable, offering the proposal.
2. Services Approach and Scope of Services. Describe how the maintenance services will be planned and controlled. Describe the work plan to be utilized to complete the tasks listed in the Scope of Services. Note any changes or additions to the work descriptions that may have been overlooked or which help clarify the work tasks.
3. Responsible Personnel. List the principal-in-charge and others who will be directly involved with the provision of Services. Provide a concise statement of qualifications, relevant experience and licensure of each person who will contribute to the performance of the Services. List the estimated amount of time each person will contribute in the performance of Services. Include an organizational chart of key personnel involved.
4. Related Experience. On the forms located in the Proposal Submission Forms list at least three (3) jobs under which the proposer has performed maintenance services for a public entity during the past five (5) years. List shall identify the following information for each project:
• Description of services.
• Contract amount and length of contract term.
• Public entity’s name, telephone number and contact person.
5. Contractor’s Industrial Safety Record. The information must include all work undertaken in the State of California by the proposer, partnership, joint venture, or corporation that any principal of the proposer participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of proposal submittal. Separate information shall be submitted for each particular partnership, joint venture, and corporate or individual proposer. The proposer may attach any additional information or explanation of data, which he/she would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities.
6. Firm Description and Financial Information. If applicable, provide relevant information regarding the firm and its organizational stability and strength. This includes a statement of organizational ownership (e.g., sole proprietorship, partnership, corporation, joint venture, etc.), information regarding the make-up of the organizational structure (e.g., owner, partners, board of directors, joint venture partners, etc.).
The proposal package must also include the following on the forms located in the Proposal Submission Forms:
7. Cost Proposal
8. Proposal Affirmation.
-6- JANITORIAL SERVICES
INSTRUCTIONS TO PROPOSERS
FAILURE TO PROPOSE ON ALL ITEMS OR SUBMITTING AN INCOMPLETE PROPOSAL PACKAGE MAY RESULT IN THE PROPOSAL BEING REJECTED AS NON-RESPONSIVE.
V. EVALUATION CRITERIA
Responses will be evaluated based on the background, financial capacity, qualifications, services offered and the cost proposal submitted by the respondent.
The contract, if awarded, shall be to the most qualified Proposer, which submits the proposal that, in the sole judgment of City, is in the best interest of the City.
Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for Services in the manner that most benefits the City including awarding more than one contract if desired.
After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement. The City Council has the final authority to approve or reject the Agreement.
VI. SITE EXAMINATION
Proposers may examine the site and become acquainted with all conditions affecting the work. In submitting a Proposal, Proposers warrant that they have made such site examination as they deem necessary to determine the condition of the site, its accessibility to materials, workmen and equipment, and to determine the proposer’s ability to protect existing surface and subsurface improvements. Proposers shall also familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement. No claim for allowances–time or money–will be allowed as to such matters.
VII. SUBMITTAL INSTRUCTIONS
The proposal must be received no later than 2 P.M. local time, on or before Wednesday, May 11, 2022, at the office of the:
Office of the City Clerk, City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
The envelope or subject line should clearly indicate, "Proposal for Janitorial Maintenance Services” and Proposer's name and address shall appear in the upper left
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INSTRUCTIONS TO PROPOSERS
hand corner of the envelope. If more than one envelope is required, each envelope shall be legibly numbered below the name of the Proposer, e.g., Envelope 1 of 3, as required.
The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City.
VIII. ADDENDA
The City reserves the right to revise the Contract Documents prior to the time set to receive proposals. Revisions, if any, shall be made by written Addendum. Any Addendum issued by the City shall be included in the proposal and made part of the Contract Documents. Each Proposer shall leave with the City its name, address, phone and fax numbers, and e-mail address for the purpose of receiving notification of Addendum. Addendum will be published on the City’s website. Proposers are responsible for ensuring that they have received any and all Addendum. Each Proposer should contact the City to verify that it has received all Addendum issued, if any, prior to the proposal opening. Failure to acknowledge receipt of all Addendum may result in proposal rejection.
IX. GENERAL CONDITIONS
A. Amendments to Proposals
Unless specifically requested by the City, no amendment, addendum or modification will be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn, and the replacement proposal must be submitted prior to the deadline stated herein for receiving proposals.
B. Non-Responsive Proposals
A proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.
C. Costs for Preparing
The City will not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.
D. Cancellation
City reserves the right to cancel this request for proposals at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other associated marketing costs.
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INSTRUCTIONS TO PROPOSERS
E. Price Validity
Prices provided by Proposers are valid for 90 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.
F. No Commitment to Award
Issuance of request for proposals and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received, to negotiate with more than one Proposer concurrently, or to cancel all or part of this request for proposals.
G. Right to Negotiate and/or Reject Proposals
City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public.
H. Non-Discrimination
The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.
X. INSURANCE, LIABILITY, SAFETY, AND EMERGENCY REQUIREMENTS Liability Insurance
The Contractor needs to name in their Liability Insurance the “Los Angeles County Regional Park and Open Space District” as additional insured.
The Contractor shall, at its expense, maintain in effect all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers licensed to sell insurance in the State of California and having a “A“or higher rating in the latest edition of Best’s Insurance Guide, and shall be subject to approval by the City’s Risk Manager:
Workers’ Compensation and Employer’s Liability
• Workers’ Compensation – coverage as required by law
• Employer’s Liability – limits of at least $100,000 per occurrence Comprehensive General Liability
• Combined Single Limit - $2,000,000
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INSTRUCTIONS TO PROPOSERS
Automobile Liability
• Combined Single Limit - $1,000,000
The automobile and general comprehensive liability policies may be combined in a single policy with a combined single limit of $1,000,000.
All of the Contractor’s policies shall contain an endorsement providing written notice shall be given to the City at least 30 calendar days prior to termination, cancellation or reduction of coverage in the policy
The Bodily Injury and Property Damage Liability policies shall contain the following:
1. An endorsement extending coverage to the City as an insured, in the same manner as the named insured as respects liabilities arising out of the performance of any work under the Contract. Such insurance shall be primary insurance as respects the interest of the City, and any other insurance maintained by the City shall be excess and not contributing insurance with the insurance required hereunder.
2. “Severability of Interest” clause.
3. Elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards.
4. Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract.
Promptly on execution of the Contract, and prior to commencement of any work, the Contractor shall deliver to the City copies of all required policies and endorsements thereto on the forms supplied by the City.
The Contractor shall require and verify similar insurance on the part of its Subcontractors.
The foregoing requirements as to the types, limits, and City approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligation assumed by the Contractor under the Contract.
Any policy or policies of insurance that the Contractor or his Subcontractors elects to carry as insurance against loss or damage to their construction equipment and tools or other personal property used in fulfillment of this contract shall include a provision waiving the insurer’s right of subrogation against the City.
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INSTRUCTIONS TO PROPOSERS
The cost of all insurance shall be included in the contractor’s proposal.
Instructions for completing the required endorsements and forms therefore are attached to these Special Provisions as Exhibits A-F.
Safety
The following is in addition to the provisions of Section 5-7:
Emergency Provisions
Unusual conditions may arise on the work which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection.
Whenever, in the opinion of the City, an emergency exists of which the City is aware and against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by the progress of construction; and whenever, in the opinion of the City, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under the Contract, then in that event the City may provide suitable protection to said interests by causing such work to be done and material to be furnished, as in the opinion of the City may seem reasonable and necessary, all at the expense of the Contractor.
END INSTRUCTIONS TO PROPOSERS
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PROPOSAL SUBMISSION FORMS
CITY OF HERMOSA BEACH
PROPOSAL SUBMISSION FORMS
JANITORIAL SERVICES
RFP No. 22-006
Contract No. PW-MSA 22-004
COST PROPOSAL
TO: CITY OF HERMOSA BEACH (“CITY”)
DATE: ________________________________________________________________ PROPOSER: ______________________________________________ (“CONTRACTOR”) The undersigned declares that they have carefully examined the Contract Documents and Addendums No.(s)_______________ and that they are thoroughly familiar with the contents thereof and is authorized to represent the respective firm and propose services to City of Hermosa Beach.
It is understood that the price shown hereon includes all maintenance services described in the Contract Documents and shall be inclusive of all costs for the Proposer to accomplish the work.
The costs of any work shown or required in the Contract Documents, but not specifically identified as a Contract Pay Item are included in the Contract Pay Items, and no additional compensation shall be due Contractor by virtue of Contractor's compliance with the Contract Documents.
In accordance with the Contract Documents prepared by the Engineer and the requirements of the Engineer under said documents, for the prices shown herein.
For each item, the averaged one-month maintenance cost shall be indicated and the total of these costs shall be extended for the term of the Agreement. Proposer must provide costs for all items below.
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PROPOSAL SUBMISSION FORMS
1st Fiscal Year
July 1, 2022 – June 30, 2023
JANITORIAL SERVICES
Item
No. Description Monthly Cost Annual Cost
1 City Hall
1315 Valley Drive
$ $
2 City Yard
555 6th Street
$ $
3 Clark Building
861 Valley Drive
$ $
4 Community Center,
710 Pier Avenue
$ $
5 Community Services Building
1035 Valley Drive
$ $
6 Lawn Bowling Green
861 Valley Drive
$ $
7 Park Restrooms – 5 Locations
• Clark Field
861 Valley Drive
• Fort Lots-of-Fun
1102 6th Street
• Sea View Park
1870 Prospect Avenue
• South Park
425 Valley Drive
• Valley Park
2521 Valley Drive
$ $
8 Police Department, Jail, and Motor
Office
540 Pier Avenue
9 Police Substation
1311 13th Street
$ $
10 South Park School
1645 Valley Drive
$ $
11 Bard Street Trailers
1315 Valley Drive
$
Total $ $
TOTAL AMOUNT BASE PROPOSAL IN FIGURES $ ________________________________________ TOTAL AMOUNT BASE PROPOSAL IN WORDS__________________________________________ In the event of a conflict between the numbers give in figures and in words, the words shall control.
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PROPOSAL SUBMISSION FORMS
2nd Fiscal Year
July 1, 2023 – June 30, 2024
JANITORIAL SERVICES
Item
No. Description Monthly Cost Annual Cost
1 City Hall
1315 Valley Drive
$ $
2 City Yard
555 6th Street
$ $
3 Clark Building
861 Valley Drive
$ $
4 Community Center,
710 Pier Avenue
$ $
5 Community Services Building
1035 Valley Drive
$ $
6 Lawn Bowling Green
861 Valley Drive
$ $
7 Park Restrooms – 5 Locations
• Clark Field
861 Valley Drive
• Fort Lots-of-Fun
1102 6th Street
• Sea View Park
1870 Prospect Avenue
• South Park
425 Valley Drive
• Valley Park
2521 Valley Drive
$ $
8 Police Department, Jail, and Motor
Office
540 Pier Avenue
9 Police Substation
1311 13th Street
$ $
10 South Park School
1645 Valley Drive
$ $
11 Bard Street Trailers
1315 Valley Drive
$ $
Total $ $
TOTAL AMOUNT BASE PROPOSAL IN FIGURES $ ________________________________________ TOTAL AMOUNT BASE PROPOSAL IN WORDS $ ________________________________________ In the event of a conflict between the numbers give in figures and in words, the words shall control.
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PROPOSAL SUBMISSION FORMS
3rd Fiscal Year
July 1, 2024 – June 30, 2025
JANITORIAL SERVICES
Item
No. Description Monthly Cost Annual Cost
1 City Hall
1315 Valley Drive
$ $
2 City Yard
555 6th Street
$ $
3 Clark Building
861 Valley Drive
$ $
4 Community Center,
710 Pier Avenue
$ $
5 Community Services Building
1035 Valley Drive
$ $
6 Lawn Bowling Green
861 Valley Drive
$ $
7 Park Restrooms – 5 Locations
• Clark Field
861 Valley Drive
• Fort Lots-of-Fun
1102 6th Street
• Sea View Park
1870 Prospect Avenue
• South Park
425 Valley Drive
• Valley Park
2521 Valley Drive
$ $
8 Police Department, Jail, and Motor
Office
540 Pier Avenue
9 Police Substation
1311 13th Street
$ $
10 South Park School
1645 Valley Drive
$ $
11 Bard Street Trailers
1315 Valley Drive
$ $
Total $ $
TOTAL AMOUNT BASE PROPOSAL IN FIGURES $ ________________________________________ TOTAL AMOUNT BASE PROPOSAL IN WORDS ______________________________________ In the event of a conflict between the numbers give in figures and in words, the words shall control.
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PROPOSAL SUBMISSION FORMS
4th Fiscal Year
July 1, 2025 – June 30, 2026
JANITORIAL SERVICES
Item
No. Description Monthly Cost Annual Cost
1 City Hall
1315 Valley Drive
$ $
2 City Yard
555 6th Street
$ $
3 Clark Building
861 Valley Drive
$ $
4 Community Center,
710 Pier Avenue
$ $
5 Community Services Building
1035 Valley Drive
$ $
6 Lawn Bowling Green
861 Valley Drive
$ $
7 Park Restrooms – 5 Locations
• Clark Field
861 Valley Drive
• Fort Lots-of-Fun
1102 6th Street
• Sea View Park
1870 Prospect Avenue
• South Park
425 Valley Drive
• Valley Park
2521 Valley Drive
$ $
8 Police Department, Jail, and Motor
Office
540 Pier Avenue
9 Police Substation
1311 13th Street
$ $
10 South Park School
1645 Valley Drive
$ $
11 Bard Street Trailers
1315 Valley Drive
$ $
Total $ $
TOTAL AMOUNT BASE PROPOSAL IN FIGURES $ ________________________________________ TOTAL AMOUNT BASE PROPOSAL IN WORDS ______________________________________ In the event of a conflict between the numbers give in figures and in words, the words shall control.
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PROPOSAL SUBMISSION FORMS
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth:
Signature of Proposer: _______________________________
Signer’s Name: ______________________________________
Company Name:______________________________
Date:_______________________________________
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PROPOSAL SUBMISSION FORMS
JANITORIAL SERVICES
RFP No. 22-006
Contract No. PW-MSA 22-004
PROPOSAL AFFIRMATION
With regard to the information provided hereinabove, I affirm that:
• All information provided is true and correct to the best of my knowledge, and; • I understand that a materially false statement willfully or fraudulently made in connection with this Proposal may result in the termination of any contract between the City of Hermosa Beach and _________________________________________, and as a further result, the aforesaid firm may be barred from participation in future City contracts as well as be subject to possible criminal prosecution, and; • I have legal authority to bind ___________________________________________ to the terms of this affirmation.
FOR PROPOSAL TO BE VALID, THIS SHEET MUST BE SIGNED
_____________________________________________________
Signature Date
_____________________________________________________
Printed Name
_____________________________________________________
Title
_____________________________________________________
Company Name
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PROPOSAL SUBMISSION FORMS
JANITORIAL SERVICES
RFP No. 22-006
Contract No. PW-MSA 22-004
REFERENCES OF WORK
Date: ________________
The following are the names, addresses and phone numbers/ email addresses for three public agencies for which Bidder has performed similar work within the past five years.
1. Name and address of Public Agency – Project Name
Name and Telephone No. of Project Manager
Contract Amount Type of Work Date Completed
---------------------------------------------------------------------------------------------------------------------
2. Name and address of Public Agency – Project Name
Name and Telephone No. of Project Manager
Contract Amount Type of Work Date Completed
---------------------------------------------------------------------------------------------------------------------
3. Name and address of Public Agency – Project Name
Name and Telephone No. of Project Manager
Contract Amount Type of Work Date Completed
For additional References, please add separate sheets
END OF PROPOSAL SUBMISSION FORMS
CITY OF HERMOSA BEACH
SAMPLE AGREEMENT FOR JANITORIAL SERVICES
This Agreement for Janitorial Services (“Agreement”) is made on this ___ day of ____________2022, at Hermosa Beach, California, by and between the City of Hermosa Beach, a municipal corporation, 1315 Valley Drive, Hermosa Beach, California 90254 (hereinafter referred to as the “CITY”) and _________________ (hereinafter referred to as the “CONTRACTOR”).
RECITALS
A. CITY proposes to contract for Janitorial Services as set forth below in this Agreement;
B. CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide the services described in Exhibit A.
NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows:
1. SERVICES. CONTRACTOR shall perform those services set forth in “Exhibit A” (Request for Proposal Document - Janitorial Services) which is attached hereto and incorporated herein by reference. By executing this Agreement, CONTRACTOR represents that it 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.
2. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence upon receipt of a notice to proceed from CITY and shall be completed within the time period designated by CITY. The term of this Agreement shall be for the time period beginning ___________, 2022 and ending on ______________unless extended in writing in advance by the CITY.
3. PAYMENT FOR SERVICES. CONTRACTOR shall be compensated in an amount not to exceed those amounts as listed on pages P-___ through P- ___ of Exhibit A. Compensation shall under no circumstances be increased except by written amendment of this Agreement.
CONTRACTOR shall be paid within thirty (30) days of presentation of an
invoice to CITY for services performed to CITY’s satisfaction.
CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by CITY.
4. CONTRACT ADMINISTRATION.
4.1. CITY’s Representative. Unless otherwise designated in writing ___________________, Maintenance Supervisor shall serve as the CITY’s representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person.
4.2. Manager-in-Charge. For the CONTRACTOR___________ shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be
binding on the CONTRACTOR. The Manager-in-Charge shall not be replaced without the written consent of the CITY.
4.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon
request in order to minimize duplication of efforts. The CITY’s staff shall work with the CONTRACTOR as necessary to facilitate performance of the services.
4.4. Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR’s services under this
Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from
performing services on the CITY’s premises.
5. TERMINATION.
5.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' written notice of such
termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination.
5.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another contractor.
6. INDEMNIFICATION.
6.1. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
6.2. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
7. INSURANCE REQUIREMENTS.
7.1. The CONTRACTOR, at the CONTRACTOR’s own cost and
expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
7.1.1. Workers’ Compensation Coverage. The CONTRACTOR
shall maintain Workers’ Compensation Insurance and
Employer’s Liability Insurance for its employees in
accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every
subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability
Insurance in accordance with the laws of the State of
California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’
Compensation policies must be received by the CITY at
least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.
7.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an
amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the
general aggregate limit shall be at least twice the
required occurrence limit.
7.1.3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the
CONTRACTOR arising out of or in connection with the
work to be performed under this Agreement, including
coverage for owned, hired, and non-owned vehicles, in
an amount of not less than three hundred thousand
dollars ($300,000) combined single limit for each
occurrence.
7.2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the specific language of Section 8.2.1 below.
7.2.1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as
additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR,
including materials, parts, or equipment furnished in
connection with such work or operations.”
7.2.2. 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 selfinsured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
7.2.3. 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.
7.2.4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials,
employees, or agents.
7.2.5. 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.
7.2.6. 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.
7.3. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or selfinsured retentions.
7.4. Certificates of Insurance. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement.
Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
7.5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 6.2 above.
7.6. Nonpayment of Deductible. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the
CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement.
Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.
Should City pay the SIR or deductible on CONTRACTOR’S behalf upon the CONTRACTOR’S failure or refusal to do so in order to secure defense and indemnification as an additional insured
under the policy, City may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by City due to the breach.
8. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to the CITY for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR. Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be permitted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY. If the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
9. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS. The CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
9.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. In the event that the CITY is audited by any Federal or State agency regarding the independent contractor status of the CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between the CITY and the CONTRACTOR, then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys’ fees, arising out of such audit and any appeals relating thereto.
9.2. Workers’ Compensation Law. The CONTRACTOR shall fully comply with the workers’ compensation law regarding the CONTRACTOR and the CONTRACTOR’s employees. The
CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers’ compensation laws. The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR’s failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section.
9.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR
represents and warrants to the CITY that the CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance.
10. CONFLICT OF INTEREST. The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement.
The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation.
11. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition.
12. RECORDS AND AUDITS. The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any
authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by the CITY at any time during regular business hours.
13. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR’s notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request.
14. INDEPENDENT CONTRACTOR. The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR’s employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent.
15. NOTICE. All Notices permitted or required under this Agreement shall be in writing and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement.
Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, firstclass postage prepaid, and addressed to the party at its applicable address.
CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: Joe SanClemente, Director
Public Works Department
CONTRACTOR:
____________________________
____________________________
____________________________
Attention: ____________________
16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.
17. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties.
18. ATTORNEYS’ FEES. In any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees in an amount determined by the court.
19. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY’s right to obtain
correction or replacement of any defective or noncompliant work product.
20. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
21. AUTHORITY TO ENTER AGREEMENT. The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have executed this Agreement the _____ day of ________________, 2022.
CONTRACTOR: (Company Name)
_____________________________________
______(TITLE)_________________________
Contractors State License #: ______________
CITY OF HERMOSA BEACH:
City Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
PERFORMANCE BOND
(TO BE EXECUTED WITHIN 5 (FIVE) DAYS OF CONTRACT AWARD)
JANITORIAL SERVICES
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS the CITY of Hermosa Beach (Owner) has awarded to ____________________ as principal hereinafter designated as the "Contractor," a contract to provide Janitorial Services.
AND WHEREAS, the Contractor is required to furnish a bond in connection with said contract guaranteeing the faithful performance thereof; NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the Owner in the penal sum of
_______________________________________________ ($_____.__), which is one hundred percent of the total contract amount for the above stated project, to be paid to the Owner, its successors and assigns, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if said Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the foregoing contract and any alteration thereof made as therein provided on its or their part to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Owner, its officers, and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to the Owner in an amount to be fixed by the court. Surety, for value received, hereby stipulates and agrees that no amendment, change, extension of time, alteration, or addition to said contract, and of any feature or item or items of performance required therein or thereunder, shall in any manner affect its obligations on or under this bond; and said surety does hereby waive notice of any such amendment, change, extension of time, alteration, or addition to said contract, and of any feature or item or items of performance required therein or thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on the _____day of ____________________________, 2022.
CONTRACTOR SURETY
Subscribed and sworn to this day of , 2022.
Notary Public
PAYMENT BOND
(TO BE EXECUTED WITHIN FIVE (5) DAYS OF CONTRACT AWARD)
JANITORIAL SERVICES
THAT WHEREAS, the City of Hermosa Beach (Owner) has awarded to ____________________________., as Contractor, a contract to provide Janitorial Services.
AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materials persons, and other persons as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City of Hermosa Beach as Owner in the penal sum of __________________________________________ Dollars ($______.__) which is 100 percent of the total contract amount for the above stated project, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if said Contractor, its heirs, executors, administrators, successors, or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety or sureties herein will pay for the same in any amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to the Owner in an amount to be fixed by the court.
This bond shall insure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of _______________, 2022.
CONTRACTOR SURETY
Subscribed and sworn to this day of , 2022.
Notary Public
NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY EACH AWARDEE OF A PRINCIPAL CONTRACT
STATE OF CALIFORNIA )
)ss
COUNTY OF )
being first duly sworn, deposes and says that he is
(sole owner, a partner, president, etc.)
of _________________________________________________________________, the party making the foregoing bid, that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to put a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put a sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contractor or anyone interested in the proposed contract; that all statements contained in such bid are true and, further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, of the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or agency thereof, or to any other individual, except to such person or persons who have a partnership of other financial interest with said bidder in his general business.
Signed
___
Title
Subscribed and sworn to before me this day of , 2022.
Notary Public
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City of Hermosa Beach prior to performing any work on this contract:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
CONTRACTOR: _______________________.
__(TITLE)_______________________
Date
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EXHIBIT A
SCOPE OF SERVICES
Summary of Work Covered by Contract Documents
A. The Work covered under this contract includes landscape maintenance services for the City of Hermosa Beach.
Contractor shall perform all work necessary to complete the agreement in a manner satisfactory to the Public Works Director or his/her designee. The work to be done under these specifications shall include the furnishing of all labor, material, equipment, tools, disposal site or disposal transfer station expense and any other incidental expense necessary to perform Janitorial Services for the City of Hermosa Beach. The areas to be maintained shall include City Hall, Police Department, Police Motor Office, Police Substation, Community Services Building, Clark Building, Community Center, City Yard, South Park School, Park Restrooms, Lawn Bowling Green Field and the trailers on Bard Street.
B. Scope of Work
5.1.1 GENERAL
The intent of this Section, as it applies to this agreement, is to present various work activities as they relate to janitorial services.
The Contractor shall provide, at its own risk and cost, all labor, materials, tools, equipment, transportation, hauling, and other items needed to do janitorial work as directed herein.
5.1.2 SCOPE OF WORK
The Contractor shall perform all work necessary to fulfill the contract in a satisfactory manner.
5.1.3 LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the maintenance standards at City established frequencies so as to maintain a pleasing aesthetic level. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of these buildings. City reserves the right to renegotiate the unit prices if frequencies change substantially.
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B. Weekly inspections of all areas included in the contract will be made by the City. The results of each inspection shall be recorded and retained for routine reference. The City shall allot ten (10) hours monthly for inspection and contract supervision. The Contractor shall compensate the City for all time required for inspection and supervision in excess of the above specified time, providing that:
(1) The excess time is, in the opinion of the City, required due to an inadequate level of maintenance; as
specified herein;
(2) That the Contractor has failed to correct said deficiencies within five (5) working days after notification.
Compensation shall be charged at a rate including
actual time, mileage and fringe benefit costs incurred by the City.
Notices and penalties for non-performance are set
forth as follows:
(1) Deficiency Notice: The Contractor is required to
correct deficiencies within the time specified by the
City.
(2) Withholding of Payment: Provided work under the
Deficiency Notice has not been completed, payment for
subject deficiency shall be withheld until deficiency is corrected, without right to retroactive payments.
C. The Contractor’s representative shall contact the City on a weekly basis for notification of special maintenance item(s) requiring correction.
D. The Contractor shall provide a field supervisor and
maintenance crew at the work sites during normal working hours. All of the Contractor’s maintenance personnel shall be supervised by a qualified, English-speaking, field supervisor in the employ of the Contractor.
The Contractor must employ sufficient personnel to perform all work as scheduled and approved by the City at all times, including during transitions in Contractor’s personnel.
The City will work with the contractor to develop and maintain a quality to ensure all custodial services are performed in accordance with accepted commercial practices. The
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contractor shall implement procedures to identify, prevent, and ensure non- recurrence of defective services. As a minimum, the contractor shall develop quality control procedures addressing the areas identified in the Performance Work Statement.
5.1.4 EXTRA WORK
Work done under this category shall be done on a time and material basis and is not included in the agreement maintenance price. Estimates for any proposed work shall be submitted to the City for approval before any additional extra work is started.
5.1.5 WORK SCHEDULE
Work Hours:
• Night Shift shall work between the hours of 7:00 PM and 7:00 AM daily.
• One (1) Day Person shall work 8:00 AM to 2:00 PM, Monday through Sunday.
• Park restrooms should be cleaned in the morning prior to 8am daily
• All restrooms shall be locked up at night (City will give exact time)
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SCHEDULE OF SERVICE
Location S M T W TH F S
Police Department, Motor
Office, and Substation
X X X X X X X
City Hall and Bard Trailer X X X X X
Community Services Building X X X X X X X
Jail X X X X X X x
City Yard X X X X X X X
South Park Classroom X X X X X
Lawn Bowling Green X X X
Park Restrooms at Clark Field X X X X X X X
Park Restrooms at Fort Lots-ofFunX X X X X X X
Park Restrooms at Sea View
Park
X X X X X X X
Park Restrooms at South Park
(2 Locations)
X X X X X X X
Park Restrooms at Valley Park X X X X X X X
Day Shift X X X X X X X
Note: For the Night Shift, the days shown refer to the start of the shift (i.e., Saturday refers to the shift that starts Saturday night at 7:00 PM and ends Sunday morning).
5.1.5 DAMAGES
The Contractor shall report immediately any damage to City equipment or property. The Contractor shall be liable for damages caused by it personnel. Any repairs and associated costs resulting from Contractor vehicle or equipment damage shall be the responsibility of the Contractor.
5.1.6 MATERIALS TO BE PROVIDED BY CONTRACTOR
The Contractor at its own cost and expense shall furnish all necessary equipment, supplies, and materials of good quality as approved by the Superintendent and in the amounts necessary to fulfill this agreement and to accomplish an acceptable and professional level of maintenance. This includes all janitorial cleaning materials and equipment, i.e., can liners, paper towels, toilet paper, etc. Toilet paper must be two-ply. Each location must have an adequate stock of cleaning supplies and equipment.
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All cleaning products shall be “Green Seal” certified to meet environmental standards.
5.1.7 EQUIPMENT NOISE
Noise level requirement shall apply to all equipment on the project or related to the project including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel.
5.1.8 LEAF BLOWERS
The use of gas and electric leaf blowers within the City was prohibited as of February 2001, Ordinance Number 01-1213.
5.1.9 AIR POLLUTION
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Agreement and shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority.
Material to be disposed of shall not be burned.
5.1.10 DISPOSAL OF DEBRIS
The Contractor shall promptly dispose of all debris accumulated as a result of cleaning and must assure recycled items are disposed in the city’s recycle bins.
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5.2.1 PROJECT LOCATIONS, DAYS AND HOURS OF CITY OPERATIONS,
OCCUPANCY/LOADS
Clark Building 861 Valley Drive, between
7:00 A.M. and 11:00 P.M.
Monday through Sunday
100
persons/day
General Services
Building
1035 Valley Drive, between 7:00 A.M. and
4:30 P.M.
Monday through Sunday
14 persons/day
City Yard 555 6th Street, between 7:00 A.M. and 5:30
P.M., Monday through Friday
15 persons/day
City Hall
including
Council
Chambers,
Patio, Public
Restrooms, Bard
Trailer
1315 Valley Drive, Hermosa Beach;
between 7:00 A.M. and 6:00 P.M.; Monday
through Thursday
42 persons/day
150
persons/day
Police Offices,
Motor Office, and
Sub Station
540 Pier Avenue (24 hrs. /day, 7 days/wk.)
Police Department Offices: (7 A.M. to 6
P.M.) Police Secretary’s Office, Police
Chief’s Office, Detectives’ Office,
Detectives’ Admin Office, Police
Conference Room, Trailer office, Sub
Station Office
25 persons/day
Police
Department:
Jail
540 Pier Avenue (24 hrs. /day, 7 days/wk.) Up to 13
persons/day
Community
Center including
Gymnasium and
Theater
710 Pier Ave., 7:00 A.M. to 11:00 P.M.,
Monday through Sunday
1,000
persons/day
South Park
Building
400 Valley Drive, 2:00 P.M. to 6:00 P.M.,
Monday through Friday
40 persons/day
Lawn
Bowling
Club
863 Valley Drive, 10:00 A.M. to 2:00 P.M.,
Tuesday, Thursday, Friday
10 persons/day
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5.2.2 BASIC SERVICE SCHEDULE
A. Daily for ALL areas:
1. Empty all desk and area trash and recycling containers (recycling and organic waste is to be emptied into specific bins provided by the City), including containers exterior of the structures and within 25 feet of entry/exit doors and deposit all wastes in designated exterior dumpsters, putting recycled waste into the appropriate bins. Wash out trash receptacles as necessary.
2. Replace container liners daily in restrooms, kitchenettes, and coffee areas, other as required by observation of staining or tearing.
3. Sweep all uncarpeted floors and stairs with chemically treated dust mops. This is to include behind couches, under tables and chairs.
4. Sweep all bare concrete floors with sweep compound. This is to include behind couches, under chairs and tables.
5. Spot mop or clean spillage from all floors, bare concrete, vinyl tile, or concrete.
6. Dust and soft rag buff all public counters. Use cleanser and damp rag on Formica counters.
7. Spot clean partitions, doors, doorframes, bathroom fixtures, dryers, waste containers, and wall switches with particular attention around door handles.
8. Clean and sanitize all drinking fountains.
9. Vacuum all carpeted floors.
10. Maintain janitorial closets and storage areas in a clean and orderly manner.
12. Secure all exterior doors and windows. Turn off all but security night lighting.
B. Daily for ALL restrooms:
1. Empty all waste containers and replace liners.
2. Wash all consumable product containers: toilet tissue holders, towel dispensers, seat cover dispensers, sanitary napkin dispensers, soap containers, and trashcans.
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3. Refill all consumable product containers mentioned above with your supplied products, approved by the City. Extra toilet paper and paper towels must be available.
4. Clean and disinfect floor drains, all sinks, toilets, urinals, toilet seats - both sides, and exterior surfaces of the above units together with their exposed piping.
5. Clean and polish all metal frames, fixtures, faucets, and containers.
6. Clean and polish all mirrors.
7. Spot clean metal partitions and doors.
8. Clean splash marks on walls adjacent to or over sinks.
9. Spot clean all ceramic tile and walls.
10. Wet mop and disinfect floors. Water must be replaced as it becomes dirty.
11. Replace hanging disinfectant and urinal blocks as needed.
12. Clean all vents of dust, grime and build-up.
13. Clean and disinfect shower facilities within Police Department.
C. Daily for ALL kitchenettes and coffee areas.
1. Empty, wash, disinfect, and replace liners in all trash containers daily.
2. Wash all counter tops, tabletops, coffee machines, and sinks.
3. Leave machines plugged in and in the same on and off position as left by the staff, unless an empty coffee pot has been left on top of an ON element, these shall be removed and set aside, and the coffee machine turned off.
4. Wet mop and disinfect all vinyl floors, and spot clean all carpet adjacent thereto.
5. Restock cabinets with paper towels.
6. No cleaning of dishes, silverware, or coffee pots will be required.
7. Remove and dispose of all food or beverages not in refrigerators or cabinets.
8. Sweep and mop entire kitchen floor, including under the cabinets.
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D. Weekly for ALL areas unless otherwise noted:
1. Spot clean all walls. Remove smudges and all foreign marks.
2. Spot clean all carpeted floors using professional carpet cleaning equipment.
3. Police Offices - Buff the waxed floor upstairs.
4. Water all indoor plants.
5. Clean interior and exterior of all glass panel doors.
6. Perform low dusting, defined as floor level to five feet above floor, including base molding or top set, windowsills, ledges, chairs, railings, partitions, tables, desks, telephones, filing cabinets, and all office furniture.
SPECIAL NOTE: In no case shall any paper, books, documents, or equipment be touched, moved or displaced. Any suspiciously important envelopes or other material found in the containers on the floor shall be left in the area with a note to the using staff member to check for value.
7. Clean stairs and elevators including sweeping and/or damp mopping all stair treads and landings, hand-dusting all handrails, dampmop elevator floor, clean elevator tracks, clean fingerprints from elevator walls, doors, and control panels.
E. Monthly ALL areas unless otherwise noted:
1. Clean ALL windows inside, including interior sills and frames.
2. Polish all drinking fountains.
3. Dust all mini blinds
4. Vacuum and clean all office chairs.
F. Quarterly ALL areas:
1. Strip, wash, apply floor finish, and machine polish (or equivalent) vinyl floors.
2. Complete washing of main walls and painted metal and molded plastic furniture.
3. Shampoo all carpeting with professional carpet cleaning equipment.
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4. Wash outside of all the windows at City buildings except for the upper gym windows. Cleaning must be performed in accordance with OSHA standards.
5. Wax City Hall stairs and the Police Department rear stairs.
6. The City will provide a schedule for quarterly services and inspection upon completion will be required.
G. Semi-annually for ALL areas:
1. Feather dust or wash lighting fixtures.
2. Vacuum or wash all heating and air conditioning vents. Should be done when change over from heating to cooling mode takes place or vice versa.
3. The City will provide a schedule for semi-annual services and inspection upon completion will be required.
H. Annually for ALL areas:
1. Wash and polish lighting fixtures, lamps, and reflectors.
2. Wash all mini blinds.
3. The City will provide a schedule for annual services and inspection upon completion will be required.
5.2.3 EXTRA SERVICE AND ON-CALL SERVICES
The Contractor shall indicate on the proposal the costs for furnishing all labor and equipment to perform on-call and extra services listed below. The City will monitor all cleaning materials. Extra services other than those listed shall be negotiated on a time and material basis with a not to exceed amount.
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5.2.4 SPECIAL REQUIREMENTS
A. CLARK BUILDING
Clark Building is a one-story building located at 861 Valley Drive, approximately 2 to 2½ blocks south of City Hall. It consists of an auditorium, a men’s restroom, a women’s restroom, a kitchen, a utility room and a storage room.
The auditorium is approximately 3,354 sq. ft. in size and has a wood floor.
The men’s and women’s restrooms are approximately 160 sq. ft. in size each, and have concrete floors. The utility room (seniors’ room) is approximately 200 sq. ft. in size and is carpeted. Total square footage is approximately 3,900 sq. feet.
Cleaning of the Clark Building should be done after 11:00 P.M. as it is often used for public events. All coordination is to be made through the Public Works Department.
1. Vinyl Flooring: wet mop daily.
2. Secure exterior windows in closed position every night when leaving.
3. Clean front entrance windows every Friday night.
4. Clean restroom floors daily assuring grout is clean.
5. Sweep the sidewalk, stairs, and front entrance of the building entrance.
6. Cleaning shall be done after 11:00 P.M. on weeknights.
B. GENERAL SERVICES BUILDING
The General Services Building is a two-story office building located 2 blocks south of City Hall at 1035 Valley Drive. The lower floor has several offices with a total area of 1,750 sq. ft. The upper floor has several offices and a total area of 1,150 sq. ft. Men’s and women’s restrooms in the building are located on the ground floor.
All coordination for cleaning the General Services Building shall be made through the Public Works Department.
1. Vinyl Flooring: wet mop daily.
2. Clean restrooms: daily.
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C. CITY HALL, COUNCIL CHAMBERS, PATIO, AND PUBLIC RESTROOMS The City Hall area has two floors, and a basement with offices and two lunchrooms (one on the basement level, one on the second floor). The patio, Council Chambers and public restrooms shall be included. All cleaning of City Hall offices shall commence after 7:00 P.M; except the first floor of City Hall for which cleaning shall commence after 7:00 P.M. or after Council meetings adjourn on the second and fourth Tuesday of the month, whichever is later.
The City Hall Council Chambers is often used for public events and cleaning of the Council Chambers shall be performed after midnight or after council meetings adjourn. There is a total of 16,632 sq. ft. in City Hall, which includes all floors, public, and inside restrooms, elevator, stairwells, and lunchrooms.
1. Clean both sides of lobby door glass weekly and clean both sides of all courtyard-facing windows monthly.
2. Upholstery - spot clean monthly or as needed.
3. Clean dust from lighting, vents and ceilings each month.
4. Remove any cobwebs from the open face brick weekly.
5. Remove cigarette butts and trash from outside planter areas.
6. Sweep the sidewalk and stairs located in the front and rear of the building entrance daily.
7. Service City Hall on Sundays.
8. Wipe down all railings daily.
D. POLICE DEPARTMENT
1. The Police Department is located in the north portion of the City Hall complex and occupies the ground floor and basement levels. Areas to be cleaned shall include all offices (i.e., Chief's office and the Detective Bureau), all restrooms, locker rooms including restroom with shower, hallways, dispatcher's room, booking area, interior and exterior entrance areas (both front and rear including cigarette butt containers), sweep the sidewalk in front the building entrance, and mop the rear stairs. There is a total of 11,812 sq. ft. in the Police Department, on two floors, excluding the Jail.
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Scheduling of cleaning within the Police Department shall be coordinated with the Chief of Police or City Representative.
2. The Motor Office areas to be cleaned are the office and restroom located in the trailer. The front garage/floor area needs to be dust mopped and wet mopped. There is a total of 1,000 sq. ft.
3. The Police Department Substation is located at 1301 Hermosa Avenue. The areas that need to be cleaned are the office and the restroom. There is a total of 320 sq. Ft.
E. JAIL
The Jail is located on the ground floor of the Police Department, just south of and attached to the front entrance to the Police Department.
Scheduling of cleaning within the Police Department shall be coordinated with the Chief of Police or City Representative.
DAILY WORK (Approx. sq. ft. = 1,398)
1. Sweep out all jail cells, all hallways and processing areas of the jail.
2. Clean and disinfect all water closets and shower stalls within the Jail facility.
3. Disinfect all bunks and wipe mattresses clean.
4. Mop and disinfect each jail cell, all hallways, and processing areas of the Jail.
5. Empty all trash receptacles and remove all trash and refuse from the Jail facility.
6. Clean microwave ovens daily.
MONTHLY WORK
1. Wash down the walls of the jail cells and jail hallways.
2. Wash and clean the jail mattresses.
3. Vacuum clean property boxes.
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F. COMMUNITY CENTER (THIS INCLUDES THE GYMNASIUM AND THE THEATER) DAILY/WEEKLY WORK (Approx. sq. ft. = 20,812)
1. Vacuuming - detail vacuuming daily.
2. Dusting - daily.
3. Buff waxed floors - ONCE A WEEK.
4. Must clean after midnight when evening events are
scheduled.
5. Dust mop gymnasium floor weekly.
6. Sweep the sidewalk in front of the building entrance.
MONTHLY WORK
1. Wax floors once each month.
G. CITY YARD
The City Yard is located at 555 6th Street. There is an area of approximately 3,200 sq. ft. to be cleaned that includes 1 trailer, 2 restrooms, a copy room, a lunchroom, an office with two desks, and upstairs offices and break room.
H. Bard Street Trailers
There are a total of 1,254 sq. ft. to be cleaned in the Bard Trailer, which include four offices, a computer room, an administrative area, a hallway, and restrooms. Spot clean all carpeted floors using professional carpet cleaning equipment weekly. Shampoo all carpeting with professional carpet cleaning equipment quarterly.
I. SOUTH PARK
There are 896 sq. ft. to be cleaned which includes the classroom only.
J. LAWN BOWLING BUILDING
There are 846 sq. ft. in this building
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K. DAY PERSON
The day person is assigned to the Community Center but may be assigned to other areas as directed by the Superintendent of Public Works. Break times and lunch times will be determined by the City and any changes will need to be approved by the City.
Basic duties include those specified in Section 5.2.2 A, B and C.
5.2.5 CITY PROVIDED FACILITIES
The City shall provide at no cost to the Contractor the following:
A. Electricity
B. Water
C. Various janitorial storage spaces. All equipment and supplies must be kept only in the designated spaces and the areas must be kept clean.
D. Dumpster bins exterior of the buildings for disposal of trash.
5.2.6 CONTRACTOR’S RESPONSIBILITY
The Contractor shall inform the City of additional concerns beyond the Contractor's responsibility, which require action by the City to correct deficiencies. Examples include defective fixtures, raised floor coverings, lack of power or water, any plumbing issues, etc.
The Contractor shall be responsible for securing any and all buildings that he/she leaves after work has been completed. This is to include locking all doors and windows and setting proper alarm codes.
5.3 CLOSED BUILDINGS
In the event a city facility is closed for remodel, construction, emergency where work cannot be performed, there shall be a credit for the days of no work on such facility.
5.2.7 OFFICE FOR INQUIRIES AND COMPLAINTS
The Contractor shall maintain an office at some fixed place and shall maintain a telephone therein, listed in the telephone directory in his/her own name or in the file name by which he/she is commonly known, and shall at all time during the
16A
hours between 8:00 AM and 5:00 PM of each working day have a full-time employee at said office for the answering of inquiries and for receiving complaints from the Director of Public Works. The Contractor shall maintain a written log of all complaints, the date thereof, and the action taken pursuant thereto or the reason for non-action. Such a log of complaints shall be open to the inspection of the Director of Public Works.
The Contractor shall make every reasonable effort to respond to complaints on the same day they are received and shall report to the Director of Public Works within twenty-four (24) hours as to the action taken concerning each complaint.
5.2.8 PUBLIC RELATIONS
Contractor shall, in person or through his/her agent, investigate any complaint, which may concern, or be involved in, the performance of the contract.
Contractor shall report to the Director of Public Works, or designee, the following working day as to the action taken with reference to the complaint and, when necessary, complete a Service Request, which will remain on file at City Hall.
Complaints received before noon shall be answered the same day; complaints received after noon shall be answered the following day.
5.2.9 EMERGENCY CALL BACK
The Contractor shall provide employees and equipment to respond to any after hour emergency, sewer plug or spill. A 24-hour contact phone number shall be provided by the Contractor. Contractor must respond within 30 minutes after being contacted by the City. Contractor must mobilize and have the appropriate personnel and equipment in the City of Hermosa Beach within two (2) hours from when the emergency phone call was received per the base proposal or within one (1) hour from when the emergency phone call was received per the alternative proposal. The emergency may require as Vactor truck and video camera vehicle. This response requirement includes nights, weekends, holidays, and all hours. For proposal purposes, costs for this service shall include all mobilization and hourly costs using a two-man, two-hour minimum service.
5.3.0 DAMAGES
The Contractor shall report without delay any damage to City equipment, City property or private property. The Contractor shall be liable for damages caused by his/her actions. Any repairs and associated cost resulting from Contractor caused damage shall be the responsibility of the Contractor.
FIRST AMENDMENT TO AGREEMENT FOR JANITORIAL SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND VALLEY MAINTENANCE CORP.
This First Amendment to the Agreement for Janitorial Services (“First Amendment”) is entered into by and between the City of Hermosa Beach, a municipal corporation (“City”) and Valley Maintenance Corp. (“CON TRACTOR”) as of July 1, 2024.
RECITALS
A. City and Contractor are parties to Agreement dated May 24, 2022 (the “Agreement”) by which City engaged Contractor to provide janitorial services for the City.
B. City and Contractor now desire to amend the Agreement to increase the 2024-25 and 2025-26 contract amounts to $175,404.
C. City and Contractor now desire to clarify that the Scope of Services will reflect an additional two classrooms, or four in total, that will be cleaned at South Park School, 1645 Valley Drive.
NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended to reflect the revised rates as reflected in Exhibit A:
Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect.
CITY OF HERMOSA BEACH CONTRACTOR
________________________________ _______________________________ Suja Lowenthal, City Manager Bruce Hwang, Vice President ATTEST: APPROVED AS TO FORM:
_________________________________ ____________________________________ Myra Maravilla, City Clerk Patrick Donegan, City Attorney DocuSign Envelope ID: 235EEB5E-2488-4B45-BA55-4FC23F1ABD41
-14B- JANITORIAL SERVICES
PROPOSAL SUBMISSION FORMS
3rd Fiscal Year
July 1, 2024 – June 30, 2025
JANITORIAL SERVICES
Item
No. Description Monthly Cost Annual Cost
1 City Hall
1315 Valley Drive
$ $
2 City Yard
555 6th Street
$ $
3 Clark Building
861 Valley Drive
$ $
4 Community Center,
710 Pier Avenue
$ $
5 Community Services Building
1035 Valley Drive
$ $
6 Lawn Bowling Green
861 Valley Drive
$ $
7 Park Restrooms – 5 Locations
• Clark Field
861 Valley Drive
• Fort Lots-of-Fun
1102 6th Street
• Sea View Park
1870 Prospect Avenue
• South Park
425 Valley Drive
• Valley Park
2521 Valley Drive
$ $
8 Police Department, Jail, and Motor
Office
540 Pier Avenue
9 Police Substation
1311 13th Street
$ $
10 South Park School
1645 Valley Drive
$ $
11 Bard Street Trailers
1315 Valley Drive
$ $
12 Day Porter Service $ $
Total $ $
TOTAL AMOUNT BASE PROPOSAL IN FIGURES $
TOTAL AMOUNT BASE PROPOSAL IN WORDS $
In the event of a conflict between the numbers give in figures and in words, the words shall control.
1,062 12,744 531 6,372 534 6,408 2,995 35,940 265 3,180 158 1,896 1,865 22,380 $ 2,237 $ 26,844 260 3,120 520 6,240 460 5,520 3,730 44,760 14,617 175,404 $175,404.00 One hundred seventy five thousand four hundred
four dollars.
-15B- JANITORIAL SERVICES
PROPOSAL SUBMISSION FORMS
4th Fiscal Year
July 1, 2025 – June 30, 2026
JANITORIAL SERVICES
Item
No. Description Monthly Cost Annual Cost
1 City Hall
1315 Valley Drive
$ $
2 City Yard
555 6th Street
$ $
3 Clark Building
861 Valley Drive
$ $
4 Community Center,
710 Pier Avenue
$ $
5 Community Services Building
1035 Valley Drive
$ $
6 Lawn Bowling Green
861 Valley Drive
$ $
7 Park Restrooms – 5 Locations
• Clark Field
861 Valley Drive
• Fort Lots-of-Fun
1102 6th Street
• Sea View Park
1870 Prospect Avenue
• South Park
425 Valley Drive
• Valley Park
2521 Valley Drive
$ $
8 Police Department, Jail, and Motor
Office
540 Pier Avenue
9 Police Substation
1311 13th Street
$ $
10 South Park School
1645 Valley Drive
$ $
11 Bard Street Trailers
1315 Valley Drive
$ $
12 Day Porter Service $ $
Total $ $
TOTAL AMOUNT BASE PROPOSAL IN FIGURES $
TOTAL AMOUNT BASE PROPOSAL IN WORDS $
In the event of a conflict between the numbers give in figures and in words, the words shall control.
1,062 12,744 531 6,372 534 6,408 2,995 35,940 265 3,180 158 1,896 1,865 22,380 $ 2,237 $ 26,844 260 3,120 520 6,240 460 5,520 3,730 44,760 14,617 175,404 $175,404.00 One hundred seventy five thousand four hundred four
dollars.
City of Hermosa Beach | Page 1 of 2
Meeting Date: March 10, 2026
Staff Report No. 26-PR-005
Honorable Mayor and Members of the Hermosa Beach City Council
APPROVAL OF AGREEMENT WITH THE ARC SOUTH BAY FOR USE OF COMMUNITY CENTER ROOMS 15 AND 17
(Parks and Recreation Director Lisa Nichols)
Recommended Action:
Staff recommends City Council:
1. Consider approval of a lease agreement (Attachment 1) with The Arc South Bay for use of the Community Center rooms 15 and 17 beginning April 1, 2026 through March 31, 2027 with the option, at staff’s discretion, to extend for two additional one-year terms; and
2. Authorize the City Manager to execute and the City Clerk to attest, subject to approval by the City Attorney.
Executive Summary:
For more than 30 years, The Arc South Bay (Arc) has leased space within the Community Center to provide programs and services that promote and protect the human rights of individuals with intellectual and developmental disabilities. Arc’s current lease agreement for Rooms 15 and 17 is set to expire on March 31, 2026.
Arc has requested renewal of the agreement to continue its longstanding partnership with the City and maintain uninterrupted services to its program participants.
Background:
Historically, staff has administratively processed lease renewals for Arc’s use of Rooms 15 and 17 at the Community Center. In an effort to align with the City’s current practice for renewing facility use agreements with other organizations, staff is bringing this renewal forward for City Council review and consideration.
Council approval of the agreement will ensure consistency in process and transparency in the renewal of long-term facility use agreements.
Discussion:
Staff worked with the organization to develop mutually agreeable terms for a new oneyear agreement, with the option to renew for two additional one-year terms, beginning April 1, 2026. The proposed new agreement maintains the terms of the prior agreement
City of Hermosa Beach | Page 2 of 2
with minor formatting and language updates, which do not impact the management or operation of the league.
Fiscal Impact:
If the proposed lease agreement is approved, Arc will be responsible for paying $2,116.80 monthly, in accordance with the City’s annual Master Fee Schedule subject to applicable annual Consumer Price Index (CPI) adjustments.
The City is expected to earn approximately $25,402 in lease revenue annually from the duration of the agreement.
Attachment:
Proposed Arc Agreement
Respectfully Submitted by: Lisa Nichols, Parks and Recreation Director Noted for Fiscal Impact: Henry Chao, Finance Manager
Reviewed by: Brandon Walker, Administrative Services Director Approved: Steve Napolitano, City Manager
City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885
LEASE AGREEMENT
BETWEEN THE CITY OF HERMOSA BEACH AND THE ARC SOUTH BAY This Lease Agreement (hereinafter called “Agreement”) is made and entered into on this 1st day of April, 2026, by and between the City of Hermosa Beach, a California municipal corporation (hereinafter called “CITY”) and The ARC South Bay, a California nonprofit public benefit corporation (hereinafter called “ARC”).
CITY and ARC are sometimes individually referred to herein as “Party” and collectively referred to as “Parties.”
RECITALS
A. CITY is the owner of a recreational/civic service facility located at 710 Pier Avenue, Hermosa Beach, CA 90254, generally referred to as the Hermosa Beach Community Center (referred to herein as the "Facility").
B. The Facility is subject to certain agreements and deed restrictions entered into on the 28th day of February 1978, between the City and the Hermosa Beach City School District and is further subject to certain provisions imposed by the Department of Housing and Urban Development as set forth in a document entitled Agreement for Sale and Purchase of Real Property and dated the 28th day of February 1978. These documents are on file in the office of the City Clerk of the City and are public documents and by reference are incorporated into this leasing agreement and are referred to herein as the HUD and SCHOOL DISTRICT AGREEMENTS.
C. ARC has requested and CITY is willing to make a portion of the Facility described as classrooms 15 and 17, and office 15A (hereinafter called “Site”), as depicted on the site map attached hereto as Exhibit A and incorporated herein by reference, available to ARC for its adult development program pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and contained herein, the Parties agree as follows:
I. TERM, PAYMENT and TERMINATION.
a. The term of this Agreement shall commence on April 1, 2026 and terminate on March 31, 2027, unless earlier terminated as provided
City of Hermosa Beach
herein. This Agreement may be extended upon request by ARC for two (2) additional one-year terms at sole and exclusive direction of the CITY MANAGER.
b. ARC agrees to pay CITY applicable fees for its use of the Site, described as: Community Center, Classrooms 15 and 17 and Office 15A – 1,470 square feet. Fees as established in the CITY’s annual Master Fee Schedule: $2,116.80 per month ($1.44 per sq. ft.). c. All rental payments shall be made to the CITY on the 1st day of each month.
d. Notwithstanding any other provisions of this Agreement, both Parties reserve the right to terminate this Agreement at any time upon giving thirty (30) days written notice to the other Party as outlined in Section X.
II. ARC RESPONSIBILITIES.
a. ARC agrees to use the Site only for ARC South Bay programs and for no other purpose without the written consent of the CITY. ARC also agrees the Site shall not be used in violation of the Department of Housing and Urban Development (HUD) or School District
Agreements as those agreements are interpreted by either the CITY or the Hermosa Beach City School District or the Department of Housing and Urban Development.
b. ARC may not assign or sublease all or any portion of the Site without the written consent of CITY, which consent may be granted or denied at the exclusive and total discretion of the CITY.
CARE AND MAINTENANCE OF SITE.
a. ARC understands that the Site is being rented in as-is condition. ARC shall be responsible for repairs caused by ARC’s use and wear and tear.
b. ARC may request maintenance from the CITY, to be approved or denied based on scope and necessity. Request shall be made through the CITY website or Go Hermosa app.
City of Hermosa Beach
c. If emergency maintenance is deemed necessary, it is the responsibility of ARC to submit a service request to the designated liaison from the Community Resources Department. If the emergency is after hours, the request can be submitted to the after-hours Community Resources staff.
d. ARC will immediately report all vandalism to the CITY designated liaison upon discovery.
e. ARC confirms its acknowledgement that all CITY properties are smoke free facilities.
f. ARC shall not mark, drill or deface any walls, ceilings, floors, wood or iron work without CITY's written consent.
g. ARC shall arrange for daily refuse removal.
h. ARC confirms its acknowledgment sinks were not designed and are not equipped to be used for food preparation or dishwashing. ARC shall be responsible for all drain cleaning and plumbing repairs to sinks resulting from food preparation or dishwashing.
i. ARC confirms its acknowledgment that no signs or awning shall be erected or maintained upon or attached to the outside of the Facility/building or placed in any windows and all window treatments must receive prior approval of the CITY.
j. ARC agrees to keep and maintain the Site in good condition and repair and to return to CITY the Sites upon termination of this Agreement in the same condition as when ARC took possession of the Site excepting any repairs or alterations which were approved by CITY, reasonable wear and tear excepted, and does promise to pay CITY upon demand the reasonable sums to repair the Site in the event of a violation of this provision.
k. ARC is prohibited from making any alterations performing any construction whatsoever on the Site without the expressed written approval of CITY. Any such approval shall include provisions to protect CITY from potential liens of labor and material persons.
City of Hermosa Beach
l. ARC agrees to allow CITY access the Site to inspect and maintain the condition of the building as the CITY deems necessary. CITY agrees to make reasonable efforts to contact the ARC designated emergency contact prior to access to Site during off hours. ARC agrees to provide door and alarm code access and instructions if applicable.
m. ARC shall provide emergency contact information for a party responsible for ARC should the CITY require immediate
correspondence. Contact may occur at any time.
n. ARC agrees to inform the City immediately of any and all identified potential safety hazards and risks associated with the Site and Facility conditions used.
RULES, REGULATIONS and ORDINANCES.
a. ARC agrees to comply strictly with all applicable laws and any uniform Community Center rules and regulations adopted by the City Council.
INSURANCE.
a. ARC shall obtain and maintain at all times during the term of this Agreement a Certificate of Insurance providing personal injury and property damage liability insurance naming CITY its officers, employees, and agents as additional insured with a minimum coverage of $2 million combined single limit coverage. Insurance is to be placed with insurers with a current AM Best’s rating of no less than A: VII. Said insurance shall not be canceled or altered without thirty (30) days notice in writing to CITY.
b. ARC shall obtain and maintain at all times during the term of this Agreement Automobile Liability insurance protecting ARC. Such insurance shall name City of Hermosa Beach and their officers, employees, elected officials and members of Boards or Commissions as additional insured parties.
c. ARC shall obtain and maintain at all times during the term of this Agreement Worker's Compensation and Employers Liability insurance and furnish CITY (or Agency) with a certificate showing proof of such coverage. Such insurance shall not be canceled or
City of Hermosa Beach
materially changed without a thirty (30) day prior written notice to:
City Manager, City of Hermosa Beach
d. ARC insurers shall be primarily responsible for all liability resulting from or arising out of the performance of the contract, and CITY and their insurers shall not be required to contribute. e. For insurance purposes, the Site shall be defined to include all areas occupied or affected by ARC’s activities, as depicted on Exhibit A.
INDEMNITY and ASSUMPTION OF RISK.
a. The City of Hermosa Beach is not responsible for any accident, injury, loss, or damages to property or to individuals or groups using public facilities. ARC is responsible for all actions, behavior, and damage caused by its participants, guests, or attendees. ARC shall indemnify, defend and hold harmless the City, its officers, employees, volunteers, and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including costs of defense and reasonable attorney fees, arising from ARC's activities on and use of City property by ARC and its guests, patrons, invitees, customers, employees, officers, and contractors, except for liability resulting from the sole negligence or willful misconduct of the City. ARC shall promptly pay the amount of any judgment rendered against the City, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by the City in the defense of such claims. This provision is intended to fully allocate all risk of liability to third-parties between ARC and the City; and there shall be no right of contribution or indemnity, whether in law or equity or otherwise in favor of ARC against the City. This provision survives termination of this Agreement.
TAXES and CHARGES.
a. ARC agrees to pay when due any and all taxes, assessments or charges levied by any governmental agency on or to the lease-hold premises.
III. CITY RESPONSIBILITES.
City of Hermosa Beach
a. CITY shall provide ARC a designated liaison from the Community Resources Department to serve as the assigned contact. All decisions of a CITY designee shall be final with respect to any issues that involve compliance with this Agreement as well as any issues that directly and/or adversely impact the community. Said CITY designee shall consult with the designated representative of ARC and it shall be the goal of both Parties to reach mutual agreement on matters related to this Agreement.
b. CITY shall provide one (1) parking pass for the ARC Americans with Disabilities Act (ADA) vehicle for use of an ADA parking space adjacent to the Community Center 24 hours per day through the length of the Agreement term.
c. CITY shall provide five (5) keys to access the Site and one (1) key to access Office 15A within the Site. ARC may request additional keys if needed. ARC may not duplicate the keys and must return the keys upon termination of this Agreement.
d. CITY shall provide ARC with access to the Site during the Facility’s operating hours: Monday through Thursday from 7:00 a.m. to 10:00 p.m.; Friday through Sunday from 7:30 a.m. to 10:00 p.m.
CARE AND MAINTENANCE OF SITE.
a. CITY has no duty or obligation to reconstruct the Site in the event of destruction or partial destruction of the Site. CITY at its option may reconstruct or repair the Site, whereupon this Agreement shall remain in full force and effect except that no rent will be owing to CITY during said period of reconstruction of repair if such reconstruction or repair interferes with the tenancy created herein to the extent that the Site cannot be used for the purposes intended. In the event CITY at its sole discretion determines not to reconstruct or repair the Site then either Party at its option may cause this Agreement to be terminated and neither Party shall have any liability each to each other.
IV. DEFAULT.
a. Should ARC fail to pay any monies due pursuant to this Agreement within three (3) days after written notice from CITY or to perform any other obligation required pursuant to the terms of this Agreement within thirty (30) days after notice from CITY, CITY may immediately
City of Hermosa Beach
cause this Agreement to be terminated and thereafter take any action and pursue all remedies available under the laws then existent in the State of California.
V. INDEPENDENT CONTRACTOR.
a. CITY and ARC shall each be and act as independent contractors and under no circumstances shall this Agreement be construed as one of agency or partnership between CITY and ARC. Each Party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other Party in any way other than as authorized by this Agreement. Nothing in this Agreement shall be construed to create a joint venture between the Parties hereto or to obligate either Party for debts or obligations incurred by the other Party in the performance of this Agreement.
VI. COMPLIANCE WITH THE LAW.
a. Should it be determined that this Agreement or any provision hereof violates any federal, state, or local law or regulation, then the Parties shall promptly modify this Agreement to the extent necessary to bring about compliance with such law and/or regulation; provided, however, that if such modification would cause this Agreement to fail in its essential purpose or purposes, it shall be deemed cancelled by mutual agreement of the Parties and neither Party shall have any further obligations or liabilities with respect to this Agreement.
VII. RESERVATION OF RIGHTS BY CITY.
a. CITY reserves the right in its sole discretion at any time or times to close and suspend the use of the Site subject to this Agreement for any duration in order to protect public health and safety. Any such closure will not constitute a breach or a default of this Agreement.
CITY shall have no liability whatever to ARC for the effect of such suspension and closure of the Site, nor shall CITY have any responsibility to provide ARC with substitute location(s). ARC’s rights under this Agreement are subject and subordinate to CITY’s police and emergency powers in addition to CITY’s rights to manage its
City of Hermosa Beach
municipal facilities and its contractual rights as described in this Agreement.
b. Subject to prior provisions, this Agreement is binding upon the heirs, assigns and successors of interest of the Parties.
VIII. ENTIRE AGREEMENT.
a. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior understandings or agreements in regard hereto. This Agreement cannot be altered or modified except by an agreement in writing signed by both Parties.
IX. ATTORNEYS FEES.
a. The Parties agree that in the event any action is instituted concerning any of the provisions of this Agreement, the prevailing party may in the discretion of the court be granted as an additional item of damages its attorneys’ fees.
X. NOTICE.
a. Any notice, demand, request, consent, approval or communication required to be made or given pursuant to the provisions of this Agreement may be either personally served upon the Party or deposited in the United States mail, postage prepaid.
CITY OF HERMOSA BEACH
CITY HALL
1315 VALLEY DRIVE
HERMOSA BEACH, CA. 90254
THE ARC SOUTH BAY
ADMINISTRATIVE OFFICES
1137 E. JANIS STREET
CARSON, CALIFORNIA, 90247
City of Hermosa Beach
Any notices so given pursuant to the provisions of this paragraph will be deemed served twenty-four (24) hours after the deposit thereof in the United States mail.
XI. NON-DISCRIMINATION. ARC shall not in the management, operation, rental, use, or maintenance of the Site discriminate against any person or group based on race, religion, color, medical condition, sex, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition.
[signatures on following page]
City of Hermosa Beach
In Witness Whereof, the Parties have executed this Agreement as set forth below.
CITY OF HERMOSA BEACH
______________________________
City Manager Steve Napolitano
______________________________ ________________________________
ATTEST APPROVED AS TO FORM
Interim City Clerk Ann Yang Interim City Attorney Jason Baltimore
THE ARC SOUTH BAY
_________________________________
Executive Director, Jenna Astleford
City of Hermosa Beach
EXHIBIT A: SITE MAP
City of Hermosa Beach | Page 1 of 2
Meeting Date: March 10, 2026
Staff Report No. 26-CMO-010
Honorable Mayor and Members of the Hermosa Beach City Council APPROVE A LETTER OF SUPPORT FOR SENATE BILL 84 DISABILITY ACCESS:
CONSTRUCTION-RELATED ACCESSIBILITY CLAIMS: NOTICE OF VIOLATION
AND OPPORTUNITY TO CORRECT
(Senior Management Analyst Sara Russo)
Recommended Action:
Staff recommends City Council approve a letter of support for Senate Bill 84 (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. As requested by the City Council at its January 27, 2026 meeting, staff presents the following item for consideration to provide a letter for support for Senate Bill 84 Disability Access: Construction-Related Accessibility Claims: Notice of Violation and Opportunity to Correct.
Background:
Senate Bill 84 (SB-84), was introduced on January 17, 2025, by Senator Niello, and aims to strike a balance of preserving the rights of individuals with disabilities while offering small businesses a fair opportunity to address violations before facing lawsuits.
This bill would prohibit a construction-related accessibility claim for statutory damages from being initiated in a legal proceeding against a defendant who employs 50 or fewer individuals, unless the defendant has been served with a letter specifying each alleged violation, and the alleged violations have not been corrected within 120 days of service of the letter. The bill would provide that a defendant is not liable for statutory damages, plaintiff’s attorneys fees, or costs for an alleged violation that is corrected within 120 days of service of a letter alleging the violation. The bill would also prohibit a plaintiff from avoiding the notice and opportunity to correct provisions and the liability limitations by claiming they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act (ADA) of 1990 if the underlying claim is based on a defendant’s failure to comply with physical accessibility standards under California law.
City of Hermosa Beach | Page 2 of 2
Past Council Action
Meeting Date Description
January 27, 2026 Mayor Rob Saemann requested, and Councilmembers Francois and Keegan supported a future agenda item to
provide a letter of support for Senate Bill 84.
Analysis:
SB-84 seeks to amend Section 55.56 of the California Civil Code, which governs statutory damages in accessibility claims. The bill introduces a procedural safeguard for businesses employing 50 or fewer individuals: a mandatory notice-and-cure period.
Under the proposed law:
1. Notice Requirement: A plaintiff cannot initiate a legal proceeding for statutory damages of a construction related accessibility claim unless they first serve the defendant with a letter detailing each alleged violation.
2. 120-Day Cure Period: The defendant then has 120 days from the date of service to correct the violations. If the issues are resolved within this timeframe, the defendant avoids liability for statutory damages, attorney’s fees, and costs.
3. Scope Limitation: This protection applies only to businesses with 50 or fewer employees, either at the time the letter is received or during the prior three years.
Additionally, SB-84 closes a potential loophole whereby a potential plaintiff tries to sidestep the notice requirement by framing their claims as general discrimination violations under the ADA rather than construction-related accessibility claims. The bill explicitly prohibits this tactic if the underlying issue stems from noncompliance with California’s physical accessibility standards.
The bill is currently in the 2nd House awaiting to be heard.
Fiscal Impact:
There is no fiscal impact associated with this action.
Attachment:
Letter of Support for Senate Bill 84
Respectfully Submitted by: Sara Russo, Senior Management Analyst Approved: Steve Napolitano, City Manager
City Council
1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity
March 10, 2026
The Honorable Roger Niello
California State Senate
1021 O Street, Room 7110
Sacramento, CA 95814
Re: Support for SB 84 (Niello)-Disability Access: Construction-Related Accessibility Claims:
Notice of Violation and Opportunity to Correct
Senator Niello:
On behalf of the City of Hermosa Beach, the City supports SB 84, which will encourage small businesses to fully address construction-related accessibility claims with 120 days of being notified of alleged violations.
SB 84 would prohibit a construction-related accessibility claim for statutory damages from being initiated in a legal proceeding against a defendant who employs 50 or fewer individuals, as specified, unless the defendant has been served with a letter specifying each alleged violation, and the alleged violations have not been corrected within 120 days of service of the letter.
Granting small businesses, the “right to cure” allows them to use their limited time and resources to focus n fixing alleged violations, instead of complicated legal proceedings.
When small businesses are forced to close to pay legal fees and settlements, everybody loses. Prioritizing compliance in a timely and effective manner balances the City’s goals to expand accessibility and ensure small businesses can thrive.
Unfortunately, many small businesses are targeted by attorneys who prioritize large settlements over ensuring accessibility. If the violations outlined in the letter to the businesses are not addressed appropriately with 120 days, a plaintiff would still have the right to pursue legal action and advocate for their rights as guaranteed under the Americans with Disabilities Act. For these reasons, the City supports SB 84.
Sincerely,
Michael Detoy
Mayor
cc: Senator Ben Allen, Senate District 24
Assemblymember Al Muratsuchi, Assembly District 66
City of Hermosa Beach | Page 1 of 4
Meeting Date: March 10, 2026
Staff Report No. 26-CMO-002
Honorable Mayor and Members of the Hermosa Beach City Council
APPROVE A CONTRACT TO GEOSYNTEC FOR PROFESSIONAL STORMWATER
CONSULTING SERVICES
(Environmental Programs Manager Doug Krauss)
Recommended Action:
Staff recommends City Council:
1. Approve a Professional Services Agreement with Geosyntec Consultants to develop a feasibility study for a dry well project at a not to exceed amount of $65,000 for a term of two years ending January 13, 2028, with an option to extend one year (Attachment 1); and
2. Authorize the City Manager to execute the proposed agreements, and approve minor modifications if necessary, with the City Clerk attesting the proposed agreements and subject to approval by the City Attorney.
Executive Summary:
This agreement with Geosyntec Consultants would provide for the development of a feasibility study and application for Safe Clean Water (SCW) funding for a project to reduce storm water discharge in the Herondo Watershed area of Hermosa Beach. The project, CIP 438 Stormwater Dry Wells, is required per the City’s Watershed Management Plan (WMP), approved by the State Water Resources Control Board (Water Board).
Failure to complete the project would likely result in significant fines and increased regulatory oversight.
Staff recommends approval of an agreement with Geosyntec as they are uniquely qualified for and familiar with the project and are concurrently working with Redondo Beach on a similar project with which Hermosa Beach can join to improve financial viability. The agreement amount of $65,000 includes development of the feasibility study and other necessary application materials for SCW funding and will be funded from allocated storm drain funds (Attachment 1).
Background:
The cities of Hermosa Beach, Torrance, Redondo Beach, Manhattan Beach, and the Los Angeles County Flood Control District formed the Beach Cities Group to develop a Watershed Management Plan (WMP) to comply with the Water Board’s 2012 MS4 Permit.
City of Hermosa Beach | Page 2 of 4
The Beach Cities Group entered into a Memorandum of Understanding (MOU) to cost share the development of the WMP and a Coordinated Integrated Monitoring Plan (CIMP) in 2013 which was updates in 2023 (Attachment 2). The Beach Cities WMP was submitted to the Water Board and was approved by the Executive Officer of the Water Board via a letter dated April 18, 2016 (Attachment 3). The Beach Cities Group was directed by the Executive Officer of the Regional Board to begin implementation of the WMP immediately, including construction of identified capital projects.
At its October 27, 2020 meeting, City Council approved a MOU between the Beach Cities Watershed group to update the WMP, for which the City of Redondo Beach served as lead. The MOU included the City’s cost towards its share of the EWMP update, as well as the City’s contribution to help fund feasibility studies after the cancellation of the Greenbelt Infiltration project in 2019. The Greenbelt Project was designed to accomplish pollutant reduction targets that would have helped all affected agencies meet their respective requirements but was cancelled by City Council due to objections by community members living in the vicinity of the proposed project.
In addition to its many other components, the WMP update identifies regional stormwater projects to ensure the group meets the pollutant reduction goals outlined in the existing WMP. The City of Hermosa Beach and its Beach Cities Group partners have identified alternate projects to achieve stormwater diversion and pollution reductions equivalent to what would have been achieved by the cancelled Hermosa Greenbelt Infiltration Project.
The search for alternative projects involved reanalyzing existing concepts and researching new projects throughout the area with the goal of combining multiple smaller projects to achieve compliance goals. The updated WMP identified the installation of dry wells in the southern part of the City to capture sufficient storm water volumes.
Additionally, a formal request for a time extension on pollutant reduction goals has been submitted by the Beach Cities Group to the Water Board which, if approved, would extend the City’s compliance deadline to 2028. Should this extension be approved, the agencies would be required to expedite completion of their respective identified projects or face significant penalties by the Water Board and possible lawsuits by third parties.
Past Council Actions
Meeting Date Description
November 26, 2013 Approved an MOU to develop a WMP with the Beach Cities WMG
February 9, 2016 Approved an MOU to implement a CIMP with the Beach Cities WMG
June 23, 2020 Approved an MOU to amend and extend the MOU for monitoring services related to the CIMP
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Meeting Date Description
October 27, 2020 Approved an MOU for WMP implementation with the Beach Cities WMG
June 8, 2021 Approval of the Revised Enhanced Watershed Management Program and Reasonable Assurance Analysis for the Beach Cities Watershed
Management Group
Discussion:
A Capital Improvement Project (CIP) for a dry well project described in the WMP has been identified in the City’s budget as CIP 438 - “Stormwater Dry Wells” since 2022 to serve as a replacement to the Greenbelt project. Dry wells are more cost effective and logistically manageable than a large regional infiltration project and allow much greater flexibility for siting. For comparison, the capital projects identified in the City’s original EMWP had a total estimated cost range of $12.5 - 27 million (Greenbelt Infiltration Project and distributed green streets) while this EWMP update estimates $6.5 – 8 million in capital project costs (for the proposed dry wells and Hermosa Avenue Green Streets projects).
Dry wells proposed for this project could potentially provide the storm water capture necessary (in conjunction with projects in our partner cities) to meet the mandates of the MS4 permit.
Geosyntec has completed a pre-feasibility study for the dry well project and identified potential locations east of Pacific Coast Highway (Attachment 4). Staff is assessing alternate locations near Bicentennial Park and South Park that may reduce the total number of dry wells and consequently the estimated project cost. The City of Redondo Beach has a similarly-scoped dry well project identified to help it meet its storm water pollutant reduction mandates. Staff from both cities have been in discussion on possible partnership for project design and SCW funding application to be submitted in Spring 2026. Partnering with Redondo Beach would improve cost effectiveness and make the grant application more viable and attractive. Should the City be unsuccessful in securing grant funds, staff is considering a project of reduced scope that will achieve partial pollutant reduction goals and demonstrate a good faith effort towards eventual compliance.
Staff is recommending this agreement as a “sole-source” exception under Section
3.12.070 of the Municipal Code due to Geosyntec’s familiarity with the project and the City’s compliance needs. Additionally, Geosyntec has prepared the pre-feasibility study for the project and is currently working with Redondo Beach on design of their similar dry well project, in anticipation of a partnership with Hermosa Beach. Staff is comfortable that Geosyntec’s cost proposal is fair and reasonable. Staff will work with Geosyntec to host informative presentations for the community and commissions to educate and raise
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awareness of the project and its importance. Geosyntec’s cost proposal reflects additional capacity for such outreach efforts. Geosyntec is well-regarded in the storm water field and also performs mandated storm water monitoring for the Beach Cities Group.
Fiscal Impact:
The total cost for the dry well feasibility study is not-to-exceed $65,000.
Staff will use budgeted CIP 438 Stormwater Dry Wells Assessment funds for the study.
This contract will position the City to be able to apply for grant funds for the eventual project construction which is currently estimated to be between $4-8 million.
Agreement Request
Request Amount FY 2025-26 Budget
Dept. Account # Total Contract Amount
$65,000 149-8438-4201 Not-to-exceed $65,000
Attachments:
1. Draft Professional Services Agreement
2. Coordinated Integrated Monitoring Plan MOU
3. Watershed Management Plan
4. Draft Pre-Feasibility Report
Respectfully Submitted by: Douglas Krauss, Environmental Programs Manager Concur: Joseph SanClemente, Public Works Director
Noted for Fiscal Impact: Henry Chao, Finance Manager
Concur: Brandon Walker, Administrative Services Director Legal Review: Jason Balitmore, Interim City Attorney
Approved: Steve Napolitano, City Manager
City of Hermosa Beach
DESIGN SERVICES AGREEMENT
BETWEEN
THE CITY OF HERMOSA BEACH
AND
GEOSYNTEC CONSULTANTS, INC.
1. PARTIES AND DATE.
This Agreement is made and entered into as March [__], 2026, by and between the City of Hermosa Beach (a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1315 Valley Drive, Hermosa Beach, California 90254) (“City”), and Geosyntec Consultants, Inc. (a Florida corporation with its principal place of business at 5901 West Century Blvd., Suite 1450, Los Angeles, California 90045) (“Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.
2.3 Project. City desires to engage Designer to render such services for the feasibility study for a dry well project ("Project") as set forth in this Agreement.
3. TERMS
3.1 Employment of Designer.
3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.
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3.1.2 Term. The term of this Agreement shall be from March 10, 2026 to March 10, 2028, unless earlier terminated as provided herein.
3.2 Project Designer; Key Personnel.
3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Chris Wessel (License No. C78522) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.
3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City.
3.3 Hiring of Consultants and Personnel.
3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.
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3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.
3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City.
3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.
3.4 Standard of Care.
3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally and ordinarily recognized as being employed by professionals qualified to perform similar Services in comparable circumstances in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.
3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any
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employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.
3.5 Laws and Regulations.
3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom. Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.
3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting
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interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.
3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project.
Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.
3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and
Regulations. Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority.
Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. (c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (ii) Defense: City reserves the right to defend any
enforcement action or civil action brought against the City for Designer’s failure to comply
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with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for
delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.
3.6 Independent Contractor.
3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.7 Schedule of Services.
3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.
3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein. Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.
3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds. Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer
City of Hermosa Beach
without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement.
3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) any act of God or other unforeseen occurrence not due to any fault or negligence on the part of Designer. Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays. Designer’s only remedy for such delays shall be a non-compensable extension of time to complete the Services.
3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement.
Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.
3.8 Additional Designer Services.
3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.
3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation
City of Hermosa Beach
provisions herein, so long as such services are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.
3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above.
Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer.
(e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure.
(g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project.
3.9 City Responsibilities. City’s responsibilities shall include the following:
3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”).
3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil
City of Hermosa Beach
engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.
3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.
3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.
3.9.7 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Douglas Krauss, Environmental Programs Manager, or his or her designee, as the City’s contact for the implementation of the Services hereunder.
Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.9.8 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Sixty-five Thousand Dollars ($65,000) (“Total Compensation”).
This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
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3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.
3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.
3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such
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other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320.
Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.
3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law.
Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control.
3.10.6 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply
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with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.10.7 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor.
3.11 Notice to Proceed.
Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.
3.12 Termination, Suspension and Abandonment.
3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination.
In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default,
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if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.
3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer.
3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.
3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.13 Ownership and Use of Documents; Confidentiality.
3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
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3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time; (c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer.
Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.
3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.
3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section.
Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City.
3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services
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or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.
3.14 Indemnification.
3.14.1 To the fullest extent permitted by law, Designer shall defend indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and reasonable attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers.
3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault.
3.15 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so.
3.15.2 Additional Insured. The City, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its
City of Hermosa Beach
subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.15.3 Commercial General Liability
(a) The Designer shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Contractors Coverage
(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City, City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
City of Hermosa Beach
3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(c) The policy shall give City, City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
3.15.5 Workers’ Compensation/Employer’s Liability
(a) Designer certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Designer shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this Section.
3.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Designer shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Designer. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured
City of Hermosa Beach
3.15.7 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and
property damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
3.15.8 Evidence Required
(a) Prior to execution of the Agreement, the Designer shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
3.15.9 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
City of Hermosa Beach
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Designer from liability in excess of such coverage, nor shall it limit the Designer’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
3.15.10 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.15.11 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it
City of Hermosa Beach
deems necessary and any premium paid by City will be promptly reimbursed by Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Designer to provide copies of all insurance policies in effect for the duration of the Project, provided that such copies may be redacted to exclude information not reasonably necessary to verify compliance with the insurance requirements of this Agreement.
(d) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
3.15.12 Subconsultant Insurance Requirements
(a) Designer shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
3.16 Records.
Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. At City’s sole reasonable expense, Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities reasonably related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.
3.17 Standardized Manufactured Items.
Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.
3.18 Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or
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at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.
3.19 Mediation.
Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.
3.20 Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
3.21 Asbestos Certification.
Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project.
Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.
3.22 No Third Party Rights.
This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.
3.23 Governing Law.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in the Superior Court of California for the County of Los Angeles.
3.24 Exhibits and Recitals.
City of Hermosa Beach
All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.
3.25 Severability.
Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
3.26 Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.27 Safety.
Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.
3.28 Harassment Policy.
Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement.
3.29 Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Attn: Douglas Krauss
Environmental Programs Manager
CONSULTANT:
Geosyntec Consultants
5901 West Century Blvd., Ste 1450
Los Angeles, CA 90045
Attn: Chris Wessel
Senior Principal
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
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addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.30 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.31 City’s Right to Employ Other Consultants.
City reserves right to employ other consultants, including designers, in connection with this Project or other projects.
3.32 Prohibited Interests.
3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
3.32.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.33 Equal Opportunity Employment.
Designer represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.34 Labor Certification.
By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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3.35 Subcontracting.
As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.
3.36 Supplemental Conditions.
Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.
3.37 Entire Agreement.
This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto.
[SIGNATURES ON FOLLOWING PAGE]
City of Hermosa Beach
SIGNATURE PAGE
FOR
DESIGN SERVICES AGREEMENT
BETWEEN
THE CITY OF HERMOSA BEACH
AND
GEOSYNTEC CONSULTANTS, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF HERMOSA BEACH
APPROVED BY:
Steve Napolitano
City Manager
Attested By:
[_______]
Interim City Clerk
APPROVED AS TO FORM:
Jason Baltimore
Interim City Attorney
GEOSYNTEC CONSULTANTS, INC.
Chris Wessel
Vice President
City of Hermosa Beach
EXHIBIT “A”
DESIGNER’S SCOPE OF SERVICES
January 6, 2025
Mr. Douglas Krauss, Environmental Programs Manager
City of Hermosa Beach
1315 Valley Dr.
Hermosa Beach, CA 90254
5901 West Century Blvd. Ste 1450
Los Angeles, 90045
PH 310.957.6100
www.geosyntec.com
Subject: Proposal to Provide a Joint Feasibility Study for a Safe Clean Water Joint Green Streets Project
Dear Mr. Krauss:
At the request of the City of Hermosa Beach, Geosyntec Consultants (Geosyntec) is pleased to submit this proposal to prepare a joint Feasibility Study under the Safe Clean Water Regional Program for a joint Herondo Green Streets project (Project) with the City of Redondo Beach.
Project Understanding
As part of the updated 2021 Beach Cities Watershed Management Program (WMP), drywell projects were recommended to meet compliance for the cities within the Herondo Drain Subwatershed. These drywell projects were identified as being a necessary component in meeting the target load reductions for bacteria in the Santa Monica Bay Watershed Area. Following completion of the WMP in 2023, Geosyntec conducted additional screening for each of the identified drywell projects included in the WMP. The work completed includes a desktop environmental, geotechnical, utility screening and preliminarily identified a number of optimal locations where drywells could be placed to ensure meeting the water quality targets described in the WMP. The Project will incorporate all of the drywell locations identified in the Herondo Drain Subwatershed which includes locations in both the Cities of Hermosa Beach and Redondo Beach (collectively the “Cities”).
Due to the close vicinity of the locations, drainage area to the same outfall (Herondo), and consistency in scope, hydraulic modeling, design, construction, and outreach efforts needed for the Project, it is in the best interest of the Cities to pool resources and prepare a joint feasibility study together, splitting the costs evenly at this preliminary design stage. Completing the hydrology analysis on a larger subwatershed area also increases efficiency and ensures maximum water quality benefits will be attained.
Utilizing the screening analysis completed, Geosyntec proposes to prepare a joint
Mr. Doug Krauss
November 6, 2025
Feasibility Study for the City to include in their joint application to the Safe Clean Water Program (SCWP) to secure funding to complete the design phase of the Project.
SCOPE OF WORK
The Geosyntec Team will prepare a joint Feasibility Study for the Project to be submitted to the SCW Regional Program. The Study will include necessary components to meet the criteria outlined by the SCW Program, with input from the Cities, the Cities’ MS4 Consultant(s), and other shareholders identified through this project phase. It is assumed that the Feasibility Study will be submitted in July 2025.
Task 1 – Project Management and Outreach
Geosyntec will provide the following project management and coordination services for the duration of the Project:
One (1) one-hour virtual kickoff meeting with the Cities Four (4) one-hour virtual check-in meetings with the Cities Routine coordination and communication with the Project team, including the Cities
Management of schedule and budget
Development and submission of invoices
Geosyntec will also attend up to five (5) meetings in support of outreach with the City of Hermosa Beach. Meetings attendance will include presentation material, as requested by the City.
Task 2 – Background Research, Surveying, and Field Verification Geosyntec will review available record drawings, previous reports and studies, and other information available from the Cities immediately following the Project kick-off. The following research and investigations will be performed:
One site visit with Cities representatives;
Conduct utility search - collect and review available record drawings of underground utilities for additional Project locations that are not covered in the previous studies.
Review the following documents and utilize the standards as applicable for this project:
o City Standard Plans
o County of Los Angeles Hydrology Manual 2006
o Standard Specifications for Public Works Construction, “Green Book” o Additions and Amendments to the Standard Specifications for Public Works Construction, “Brown Book”