Roll-off Box Charges Net Rate AB939 Collector Fee Total Rate Roll-off Box Service - Pull Plus Dump
Standard Roll-off Box (any size) - Rate/pull (incl. delivery & rental) $485.39 $10.00 $53.93 $549.32 Compactor roll-off box - Rate per pull
- 20 yard compactor $547.38 $5.00 $60.82 $613.20
- 30 yard compactor $547.38 $7.50 $60.82 $615.70
- 40 yard compactor $547.38 $10.00 $60.82 $618.20
Compactor Monthly Lease $1,428.40 $0.00 $158.71 $1,587.11 Per Ton Rate $177.90 $0.00 $19.77 $197.67
Per Ton Rate - Pier Compactor Roll-off Only, for composting $187.80 $0.00 $20.87 $208.67 Per day rental after 7 days without a pull $28.28 $0.00 $3.14 $31.42 Additional Roll-off Box Fees
Overweight charge (per ton over ten tons/load)
Dry run/redlivery/return trip/relocation fee) $141.43 $0.00 $15.72 $157.15 * Including all City fees, inclusive of AB939 fees.
CITY OF HERMOSA BEACH
MAXIMUM RATES
Effective July 1, 2026 through June 30, 2027
25% of Per Ton Rate
Additional Service Charges Net Rate AB939 Collector Fee Total Rate Porter Service (total to be shared by affected customers per Sec 4.1.14) $15,991.69 $0.00 $1,776.85 $17,768.54 Commercial Bulky Item Pickup:
- 1 to 2 items $79.42 $0.00 $8.82 $88.24
- 3 to 5 items $158.78 $0.00 $17.64 $176.42
- 6 to 10 items $317.56 $0.00 $35.29 $352.85
- Each additional item on same pickup $79.42 $0.00 $8.82 $88.24 Bin Return Trip / Dry Run Fee $145.39 $0.00 $16.16 $161.55 Bin Re-delivery Fee (if bins are pulled for non-payment) $130.83 $0.00 $14.54 $145.37 Bin Cleaning (over once per year) $116.34 $0.00 $12.93 $129.27 3-yard Temporary Bin
- Per dump (delivery, disposal and 7-day rental included) $287.67 $0.75 $31.96 $320.38 - Rental per day after 7 days without a dump $0.00 $0.00 $0.00 $0.00 Special Event Litter Boxes
- Rate per box $13.09 $0.00 $1.46 $14.55
- Rate per box of 200 liners $145.39 $0.00 $16.16 $161.55 Emergency Service Rates - one crew and one collection truck $247.12 $0.00 $27.46 $274.58 * Including all City fees, inclusive of AB939 fees.
CITY OF HERMOSA BEACH
MAXIMUM RATES
Effective July 1, 2026 through June 30, 2027
Rates for Additional Services Net Rate AB939 Collector Fee Total Rate All Accounts: Stop Service Charge $63.71 $0.00 $7.08 $70.79 All Accounts: Resume Charge $63.71 $0.00 $7.08 $70.79
All Accounts: Stand-By Time (each portion of 15 minutes) $63.71 $0.00 $7.08 $70.79 All Accounts: Shred Services $81.90 $0.00 $9.10 $91.00
Commercial: Bin Excess Waste $78.98 $0.00 $8.78 $87.76
Commercial: Bin Excess Weight $78.98 $0.00 $8.78 $87.76 Commercial: Bin Delivery $108.60 $0.00 $12.07 $120.67
Commercial: Bin Removal $108.60 $0.00 $12.07 $120.67
Commercial: Bin Exchange $167.87 $0.00 $18.65 $186.52
Commercial: Bin Exchange with Metal Lids $227.12 $0.00 $25.24 $252.36 Commercial: Lock Lid One-Time Set-Up (per lock) $78.98 $0.00 $8.78 $87.76 Commercial: On-Call Bin Rental $167.87 $0.00 $18.65 $186.52 Commercial: Custom Bin Fabrication (per cubic yard) $444.35 $0.00 $49.37 $493.72 Compactor: Repair (per hour, plus parts) $207.35 $0.00 $23.04 $230.39 Compactor: Wash-Out $493.70 $0.00 $54.86 $548.56
Residential: Dead-Run or Go-Back $45.51 $0.00 $5.06 $50.57 Residential: Bulky Item Dead-Run or Go-Back $72.79 $0.00 $8.09 $80.88 Residential: Compost Bin Delivery $76.46 $0.00 $8.50 $84.96 Residential: Worm Bin Delivery $149.25 $0.00 $16.58 $165.83 Roll-Off: Plastic Liners $78.98 $0.00 $8.78 $87.76
Roll-Off: Roll-Top Monthly Rental $108.60 $0.00 $12.07 $120.67 Roll-Off: Box Monthly Rental (permanent accounts) $385.11 $0.00 $42.79 $427.90 Roll-Off: Impound of Illegal Box (plus disposal) $1,678.63 $0.00 $186.52 $1,865.15 Roll-Off: Per Ton Disposal Rate - C&D $167.87 $0.00 $18.65 $186.52 Roll-Off: Per Ton Disposal Rate - Wood $133.32 $0.00 $14.81 $148.13 Roll-Off: Per Ton Disposal Rate - Organics $227.12 $0.00 $25.24 $252.36 Roll-Off: Per Ton Disposal Rate - Concrete $167.87 $0.00 $18.65 $186.52 Roll-Off: Per Ton Disposal Rate - Inerts $133.32 $0.00 $0.00 $148.13 Storage Box: Delivery $266.59 $0.00 $29.62 $296.21
Storage Box: Removal $266.59 $0.00 $29.62 $296.21
Temporary Bin: 3 Yard Recycling - Delivery $286.34 $0.00 $31.82 $318.16 Temporary Bin: 3 Yard Recycling - Removal/Dump $286.34 $0.00 $31.82 $318.16 Temporary Bin: 3 Yard Trash with Scout - Delivery $315.98 $0.00 $35.11 $351.09 Temporary Bin: 3 Yard Trash with Scout - Removal/Dump $315.98 $0.00 $35.11 $351.09 Temporary Bin: Extra Days (with no dump within one week) $23.71 $0.00 $2.63 $26.34 Temporary Bin: Lock Lid One-Time Set-Up (per lock) $78.98 $0.00 $8.78 $87.76
CITY OF HERMOSA BEACH
MAXIMUM RATES
Effective July 1, 2026 through June 30, 2027
Series Id:
Series Title:
Area:
Item:
Base Period:
Years:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2014 422.440 422.483 423.413 425.393 425.242 425.930 426.562 426.771 427.327 427.995 427.808 428.187 2015 427.734 429.248 429.235 429.807 431.234 430.813 431.229 432.967 433.843 434.829 436.428 436.996 2016 437.205 438.296 437.699 437.676 438.317 437.858 438.607 439.358 439.707 440.311 443.343 444.745 2017 446.266 447.699 446.987 447.129 447.272 448.046 448.328 448.717 449.008 452.196 453.820 453.596 2018 453.354 454.915 455.230 458.722 462.887 465.041 465.579 470.457 471.026 472.535 486.650 485.935 2019 475.687 477.474 478.569 479.449 480.865 480.984 482.138 483.987 484.346 486.133 486.485 486.708 2020 491.003 494.429 495.288 494.432 494.946 496.679 498.564 500.882 501.756 503.315 504.970 508.190 2021 512.722 517.270 518.505 518.579 516.440 517.202 521.185 524.408 529.934 530.114 529.053 532.538 2022 533.078 538.313 540.719 542.564 544.546 547.554 548.187 548.706 558.254 561.090 563.816 565.185 2023 570.412 575.697 576.773 580.124 587.431 589.812 596.167 597.347 596.997 597.569 601.631 602.164 2024 606.773 610.551 610.015 611.073 609.538 611.946 614.089 615.880 619.640 621.632 627.127 627.807 2025 629.803 641.938 642.053 643.063 646.507 648.477 652.682 656.067 652.831 655.705 658.242 2026 661.093 665.893 667.754
667.754 CPI - CY
642.053 CPI - PY
25.701 Chng - #
642.053 CPI - PY
4.00% Chng - %
1.00% Plus 1
5.00% Subtotal
U.S. city average
Garbage and trash collection
DECEMBER 1983=100
2014 to 2026
Consumer Price Index for All Urban Consumers (CPI-U)
Original Data Value
CUUR0000SEHG02,CUUS0000SEHG02
Not Seasonally Adjusted
Garbage and trash collection in U.S. city average, all
P.O. Box 60009, City of Industry, CA 91716
(888) 336-6100
February 26, 2026
City of Hermosa Beach
Steve Napolitano, City Manager
1315 Valley Drive
Hermosa Beach, CA 90254
Re: Annual Request to Adjust the Maximum Rates Effective July 1, 2026 Mr. Napolitano:
In accordance with our Integrated Solid Waste Management Services Agreement (Agreement) with the City of Hermosa Beach, and pursuant to Amendment #2 of this Agreement, please accept this letter as Athens Services request to adjust the maximum rates for Waste Management services, to be effective July 1, 2026.
Per Section 6.4.2 in Amendment #2, the annual rate adjustment is based on the percentage increase in the Trash CPI for the prior 12-month period (March of the prior year to March of the current year) plus 1%. The March 2026 Trash CPI index will not be published until mid-April 2026. In addition, per Section 6.3.1 of the original Agreement, we must submit our annual rate adjustment request in writing by March 1 of each year. With the March 2026 Trash CPI index not being published until April, we are not able to provide the specific rate adjustment calculations with this letter. However, we will provide you with a subsequent letter in April with the specific rate adjustment calculations, as soon as the March 2026 Trash CPI index is published. This letter (submitted on February 26, 2026) will serve as our official request to adjust rates on July 1, 2026.
As always, we appreciate your assistance & support. Please feel free to call me at (626) 855-7230 with any questions or to discuss.
Sincerely,
Christian Warner
SVP of Market Intelligence & Contract Compliance
CC: Doug Krauss, Environmental Programs Manager, City of Hermosa Beach
P.O. Box 60009, City of Industry, CA 91716
(888) 336-6100
February 26, 2026
City of Hermosa Beach
Steve Napolitano, City Manager
1315 Valley Drive
Hermosa Beach, CA 90254
Re: Annual Rate Adjustment to the Street-Sweeping Contract Mr. Napolitano:
In accordance with our Street Sweeping Agreement (Agreement) with the City of Hermosa Beach, and pursuant to the First Amendment of this Agreement, please accept this letter as Athens Services request to adjust the rates for Street Sweeping & Cleaning services tied to this Agreement, to be effective July 1, 2026.
Per the First Amendment, this Agreement includes a provision to increase rates by an agreed flat rate of 3% every July 1. As this request is consistent with the Agreement, we will adjust the rates by 3% on our monthly invoices to the City, to be effective with July 2026 services. Please feel free to call me at (626) 855-7230 with any questions or to discuss.
Sincerely,
Christian Warner
SVP of Market Intelligence & Contract Compliance
CC: Doug Krauss, Environmental Programs Manager, City of Hermosa Beach
Monthly Residential Cart Service Rates Net Rate Total Rate Standard Service includes one refuse cart and one or more recycling carts. Green waste carts are provided on a subscription basis.
Cart Size:
Standard Service - based upon refuse cart size
20-gallon $13.62
35-gallon $15.93
64-gallon $25.29
96-gallon $34.59
Additional Refuse Cart - above one
35-gallon $9.31
64-gallon $14.03
96-gallon $18.69
Each Yard Waste Cart
35-gallon $8.62
64-gallon $9.85
96-gallon $11.00
Alternative "Can" Service (if carts not feasible) - Equivalent cart rates based on capacity Active Military Rate Reduction - above rates reduced by 25% Senior Low Income Discount - above rates (excluding 20-gallon rate) reduced by 10% Other Cart Rates and Services (Charged in Addition to Monthly Cart Service Rates) Walk-out Service - upon request $9.31
Walk-out Service - authorized disabled customers No charge Additional Special Overage Pickup for Automated Cart Customers $11.67 (in excess of six pickups per year)
Additional Bulky Item pickups (in excess of two free pickups per $70.05 dwelling unit per year)
Cart Exchanges (in excess of free exchanges to be provided) $35.04 Returned Check (NSF) Fee (applicable to all customers) $51.59 Credit Card Declined Fee (applicable to all customers) $51.59 Optional HHW Door-to-Door Collection - per dwelling unit $1.04
CITY OF HERMOSA BEACH
MAXIMUM RATES
Effective July 1, 2026 through June 30, 2027
Extra
Container Size 1.00 2.00 3.00 4.00 5.00 6.00 7.00 Empty Refuse
32-gallon cart (2) $75.01 $131.28 $184.46 $240.79 $293.88 $350.16 $437.68 $46.39 64-gallon cart (2) $118.81 $206.48 $291.01 $375.52 $460.06 $547.71 $679.00 $46.39 96-gallon cart (2) $162.60 $272.21 $381.88 $491.56 $601.07 $710.76 $820.39 $46.39 1 yard bin $221.69 $332.93 $447.78 $559.19 $667.08 $781.89 $913.88 $130.84
1.5 yard bin $246.32 $371.99 $528.69 $623.30 $745.56 $998.74 $1,169.31 $130.84 2 yard bin $298.59 $459.23 $623.33 $784.09 $920.56 $1,060.66 $1,238.62 $130.84 3 yard bin $347.86 $537.19 $723.10 $912.46 $1,098.28 $1,284.18 $1,508.04 $168.19 4 yard bin $417.86 $642.73 $970.97 $1,095.97 $1,320.87 $1,549.15 $1,811.93 $168.19 6 yard bin $523.43 $805.61 $1,091.22 $1,373.42 $1,659.10 $1,941.23 $2,271.75 $168.19 8 yard bin $649.58 $1,002.88 $1,345.84 $1,685.32 $2,011.11 $2,354.00 $2,758.92 $199.04 Recycling
18-gallon cart (3) $23.95
32-gallon cart (3) $37.41 $65.47 $91.96 $119.99 $146.58 $174.65 $221.46 $23.12 64-gallon cart (3) $59.27 $102.80 $144.96 $187.11 $229.16 $272.79 $338.23 $23.12 96-gallon cart (3) $81.03 $135.63 $190.20 $244.72 $299.29 $353.88 $408.38 $23.12 1 yard bin $99.76 $149.65 $201.09 $250.96 $299.29 $350.71 $410.03 $58.75
1.5 yard bin $110.67 $166.81 $236.91 $279.07 $333.59 $447.38 $523.78 $58.75 2 yard bin $134.07 $205.78 $279.07 $350.71 $411.54 $473.91 $553.38 $58.75 3 yard bin $155.87 $240.11 $322.65 $406.86 $489.52 $572.05 $671.81 $75.31 4 yard bin $187.11 $286.82 $433.41 $487.86 $587.63 $688.99 $805.90 $75.31 Locking Bin Service $17.21 $34.43 $51.64 $68.85 $86.07 $103.28 $120.49 Cart Push-out 10-50 FT $18.19 $36.38 $54.57 $72.76 $90.95 $109.14 $127.33 Cart Push-out 51-100 FT $23.61 $47.22 $70.83 $94.44 $118.05 $141.66 $165.27 Cart Push-out 101-150 FT $30.71 $61.42 $92.13 $122.84 $153.55 $184.26 $214.97 Cart Push-out 151+ $39.92 $79.84 $119.76 $159.68 $199.60 $239.52 $279.44 Bin Scout 10-50 FT $36.35 $72.70 $109.05 $145.40 $181.75 $218.10 $254.45 Bin Scout 51-100 FT $47.25 $94.50 $141.75 $189.00 $236.25 $283.50 $330.75 Bin Scout 101-150 FT $61.43 $122.86 $184.29 $245.72 $307.15 $368.58 $430.01 Bin Scout 151+ $79.84 $159.68 $239.52 $319.36 $399.20 $479.04 $558.88 (1) Applicable to businesses. All residential cart customers are charged in accordance with the Residential Cart Service Rates.
(2) Not applicable to residents with cart refuse service; such customers receive recycling service at no additional charge.
n/a
CITY OF HERMOSA BEACH
MAXIMUM RATES
Effective July 1, 2026 through June 30, 2027
Monthly Bin GROSS Rates
Pickups per week
Roll-off Box Charges Net RateTotal Rate
Roll-off Box Service - Pull Plus Dump
Standard Roll-off Box (any size) - Rate/pull (incl. delivery & rental) $549.32 Compactor roll-off box - Rate per pull
- 20 yard compactor $613.20
- 30 yard compactor $615.70
- 40 yard compactor $618.20
Compactor Monthly Lease $1,587.11
Per Ton Rate $197.67
Per Ton Rate - Pier Compactor Roll-off Only, for composting $208.67 Per day rental after 7 days without a pull $31.42
Additional Roll-off Box Fees
Overweight charge (per ton over ten tons/load)
Dry run/redlivery/return trip/relocation fee) $157.15
CITY OF HERMOSA BEACH
MAXIMUM RATES
Effective July 1, 2026 through June 30, 2027
Additional Service Charges Total Rate
Porter Service (total to be shared by affected customers per Sec 4.1.14) $17,768.54 Commercial Bulky Item Pickup:
- 1 to 2 items $88.24
- 3 to 5 items $176.42
- 6 to 10 items $352.85
- Each additional item on same pickup $88.24
Bin Return Trip / Dry Run Fee $161.55
Bin Re-delivery Fee (if bins are pulled for non-payment) $145.37 Bin Cleaning (over once per year) $129.27
3-yard Temporary Bin
- Per dump (delivery, disposal and 7-day rental included) $320.38 - Rental per day after 7 days without a dump $0.00
Special Event Litter Boxes
- Rate per box $14.55
- Rate per box of 200 liners $161.55
Emergency Service Rates - one crew and one collection truck $274.58
CITY OF HERMOSA BEACH
MAXIMUM RATES
Effective July 1, 2026 through June 30, 2027
Rates for Additional Services Total Rate
All Accounts: Stop Service Charge $70.79
All Accounts: Resume Charge $70.79
All Accounts: Stand-By Time (each portion of 15 minutes) $70.79 All Accounts: Shred Services $91.00
Commercial: Bin Excess Waste $87.76
Commercial: Bin Excess Weight $87.76
Commercial: Bin Delivery $120.67
Commercial: Bin Removal $120.67
Commercial: Bin Exchange $186.52
Commercial: Bin Exchange with Metal Lids $252.36
Commercial: Lock Lid One-Time Set-Up (per lock) $87.76
Commercial: On-Call Bin Rental $186.52
Commercial: Custom Bin Fabrication (per cubic yard) $493.72 Compactor: Repair (per hour, plus parts) $230.39
Compactor: Wash-Out $548.56
Residential: Dead-Run or Go-Back $50.57
Residential: Bulky Item Dead-Run or Go-Back $80.88
Residential: Compost Bin Delivery $84.96
Residential: Worm Bin Delivery $165.83
Roll-Off: Plastic Liners $87.76
Roll-Off: Roll-Top Monthly Rental $120.67
Roll-Off: Box Monthly Rental (permanent accounts) $427.90 Roll-Off: Impound of Illegal Box (plus disposal) $1,865.15 Roll-Off: Per Ton Disposal Rate - C&D $186.52
Roll-Off: Per Ton Disposal Rate - Wood $148.13
Roll-Off: Per Ton Disposal Rate - Organics $252.36
Roll-Off: Per Ton Disposal Rate - Concrete $186.52
Roll-Off: Per Ton Disposal Rate - Inerts $148.13
Storage Box: Delivery $296.21
Storage Box: Removal $296.21
Temporary Bin: 3 Yard Recycling - Delivery $318.16
Temporary Bin: 3 Yard Recycling - Removal/Dump $318.16
Temporary Bin: 3 Yard Trash with Scout - Delivery $351.09 Temporary Bin: 3 Yard Trash with Scout - Removal/Dump $351.09 Temporary Bin: Extra Days (with no dump within one week) $26.34 Temporary Bin: Lock Lid One-Time Set-Up (per lock) $87.76
CITY OF HERMOSA BEACH
MAXIMUM RATES
Effective July 1, 2026 through June 30, 2027
CITY OF HERMOSA BEACH
RESOLUTION NO. 26-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH
APPROVING THE ANNUAL RATE ADJUSTMENT TO THE MAXIMUM RATES
FOR SOLID WASTE SERVICES PURSUANT TO THE INTEGRATED SOLID
WASTE MANAGEMENT SERVICES AGREEMENT WITH ARAKELIAN
ENTERPRISES, INC. (DBA ATHENS SERVICES)
WHEREAS, the City of Hermosa Beach (“City”) is authorized to provide for the collection, transportation, and disposal of solid waste within its jurisdiction pursuant to its police power under the California Constitution (Section 7 of Article XI) and applicable provisions of state law; and
WHEREAS, the City entered into an Integrated Solid Waste Management Services Agreement as amended (“Agreement”) with Arakelian Enterprises, Inc., dba Athens Services (“Athens”) effective July 1, 2013 to provide solid waste collection services to residential and commercial customers; and WHEREAS, the Agreement authorizes Athens to request annual adjustments to the maximum rates charged to customers based on a defined formula, subject to City Council approval; and
WHEREAS, the Agreement provides that annual rate adjustments shall be calculated based on the percentage change in the Consumer Price Index (“CPI”) for Trash and Garbage Collection, plus one additional percent; and WHEREAS, the City conducted a Proposition 218 proceeding on December 13, 2022, and provided notice to property owners and ratepayers regarding proposed solid waste rates, including disclosure of future annual CPI-based adjustments; and
WHEREAS, following the Proposition 218 proceeding, the City Council adopted a resolution approving the solid waste rate structure (including formulabased annual CPI adjustments); and WHEREAS, Athens submitted a timely request for an annual rate adjustment for FY 2026–2027 in accordance with the Agreement; and
WHEREAS, City staff reviewed the requested adjustment and determined that it complies with the formula and methodology set forth in the Agreement and the previously approved rate structure; and
WHEREAS, the proposed adjustment results in an approximate five percent (5%) increase in maximum rates effective July 1, 2026; and WHEREAS, the City Council desires to approve the annual adjustment as required under the Agreement and consistent with the previously approved rate structure.
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 reference.
SECTION 2. Approval of Annual Rate Adjustment. The City Council hereby approves the annual adjustment to the maximum solid waste service rates effective July 1, 2026, as set forth in the rate schedule (attached hereto as Exhibit A and incorporated herein by reference) and as calculated pursuant to Section
6.4 of the Agreement.
SECTION 3. Findings. The City Council hereby finds and declares as follows:
a. Prior Proposition 218 Compliance. The City previously complied with Proposition 218 (Article XIII D of the California Constitution) by providing notice and conducting a public hearing regarding solid waste service rates, including disclosure of the methodology for annual CPI-based adjustments. b. Implementation of Approved Rate Structure. The annual rate adjustment approved herein constitutes implementation of a previously approved rate structure and formula, and does not establish a new or increased fee requiring a new Proposition 218 notice and protest hearing. c. Formula-Based Adjustment. The rate adjustment is
calculated pursuant to a formula based on the percentage change in the applicable CPI for Trash and Garbage Collection, plus one percent, as authorized in the Agreement and previously disclosed to ratepayers. The City Council finds
that the CPI percentage applied reflects the year-over-year change in the applicable index for the period used by the City and its consultant, and that the methodology used is consistent with the Agreement.
d. Within Authorized Time Period. The adjustment falls within the authorized multi-year period for CPI-based adjustments. Although prior materials referenced a longer authorization period, the City is currently within a five-year period consistent with California Government Code section 53756; and therefore within a legally defensible timeframe for implementation of formulabased adjustments. e. No Structural Changes. The City is not modifying the rate structure, cost allocation methodology, service levels, or fee components, and is not imposing any new charges.
f. Cost of Service. The adjusted rates continue to reflect the reasonable cost of providing solid waste services and comply with the substantive requirements of the California Constitution (Section 6(b) of Article XIIID), including proportionality and cost-of-service limitations.
SECTION 4. Ministerial Implementation Findings. The City Council further finds and declares:
a. Ministerial Action. The approval of the annual rate
adjustment is ministerial in nature and limited to verification that the adjustment complies with the formula set forth in the Agreement and previously approved rate structure.
b. No Discretionary Rate-Setting. The City Council is not exercising independent discretion to establish new rates, but is implementing a contractual adjustment mechanism previously authorized. c. Contractual Compliance. Approval of the adjustment
satisfies the City’s obligation under the Agreement to review and approve rate adjustments calculated in accordance with the contractual formula.
SECTION 5. Legislative Findings. The City Council further finds that: (a) this action is a lawful exercise of the City’s police power and contractual authority; (b) the rate adjustment is not a tax but a fee for solid waste services; and (c) the action is consistent with applicable law and prior City approvals.
SECTION 6. California Environmental Quality Act (“CEQA”). The City Council finds that this action is not a project under CEQA pursuant to CEQA Guidelines sections 15378(b)(4) and (5), as it involves a government funding mechanism and administrative activity that will not result in a direct or indirect physical change in the environment.
SECTION 7. 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 8. 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 9. Effective Date. This Resolution is effective immediately upon adoption.
PASSED, APPROVED and ADOPTED on this 26th day of May 2026. ______________________________________________________________________________ Mayor Mike Detoy
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
_______________________________ ________________________________ Martha Alvarez Jason Baltimore
City Clerk Interim City Attorney
HERMOSA BEACH
ENDORSEMENT OF ARAKELIAN ENTERPRISES,
INC’S (DBA ATHENS SERVICES) REQUEST FOR
AN ANNUAL RATE ADJUSTMENT TO
THEMAXIMUM RATES FOR SOLID WASTE
SERVICES
BACKGROUND
• The City entered into agreement with Athens
Services in 2013 and extended the agreement
for 10 additional years in 2022
• Per the contract, Athens may request annual
rate adjustments of Trash CPI plus 1%
• Athens submitted request letters in February
2026
BACKGROUND
• Trash CPI from March 2025 - March 2026 was
4%
• Rate adjustment will go into effect July 1
• Athens will provide notice on bills 30 days in
advance
• Separate street sweeping and cleaning
agreement adjusts annually by fixed 3%
DISCUSSION
• Chart below shows effect of adjustment on the
most common service levels
Commercial
3-Yard Bin serviced
once per week
Residential
64-Gallon Trash and
35-gallon organics
cart
Current Rate $331.45 $32.31
Proposed Rate $347.86 $33.91
DISCUSSION
• Adjustment will increase City’s franchise fees
by approximately $30,000 annually
• Staff recommends Council endorse the
proposed rate adjustment and adopt the
accompanying Resolution
QUESTIONS
City of Hermosa Beach | Page 1 of 3
Meeting Date: May 26, 2026
Staff Report No. 26-CMO-032
Honorable Mayor and Members of the Hermosa Beach City Council
AWARD OF CONTRACT TO MOFFAT & NICHOL FOR PREPARATION OF A VULNERABILITY ASSESSMENT AND SEA LEVEL RISE ADAPTATION PLAN. (Environmental Programs Manager Douglas Krauss)
Recommended Action:
Staff recommends City Council:
1. Award a contract for Sea Level Rise Adaptation Planning to Moffat & Nichol at a not-to-exceed amount of $473,875 for a term of three years ending April 30, 2029; and
2. Authorize the City Manager to execute and the City Clerk to attest the proposed agreement (Attachment 2) subject to approval by the City Attorney.
Executive Summary:
Staff recommends Council award the contract to Moffat & Nichol for preparation of a Vulnerability Assessment and Sea Level Rise Adaptation Plan, in compliance with SB 272, to be funded by a grant from the Ocean Protection Council.
Background:
In 2021, Governor Newsom signed Senate Bill 1 (Atkins, 2021) into law. Senate Bill 1 (SB 1) directs the state to provide funding to local and regional governments to develop sea level rise adaptation plans and implementation projects. In 2022, the California Air Resources Board (CARB) awarded $37.5 million to the Ocean Protection Council (OPC) to support the implementation of SB 1. OPC is a cabinet-level state body that works jointly with state and federal agencies, NGOs, tribes and the public to ensure California maintains healthy, resilient, and productive ocean and coastal ecosystems. OPC’s SB 1 SLR Adaptation Planning Grant Program aims to provide funding for coastal communities to develop consistent SLR adaptation plans and projects to build resilience to SLR along the entire coast of California.
In 2023, the California State Legislature passed SB 272 (Laird), Sea level rise: planning and adaptation. Senate Bill 272 requires local governments within the Coastal Zone and San Francisco Bay Area to develop a sea level rise plan by 2034, and makes these local governments eligible for prioritized funding. The bill aims to boost the state’s coastal resiliency by ensuring California’s coastal communities are planning for sea level rise, and by supporting implementation of sea level rise adaptation projects.
City of Hermosa Beach | Page 2 of 3
Staff applied for OPC funds for the development of a Sea Level Rise Adaptation Plan (SLRAP) and Vulnerability Analysis (VA) in Spring of 2025. Shortly thereafter, OPC notified the City that it was successful in securing $583,307 in grant funds to develop these documents. The project will include comprehensive public engagement and coordination with regional stakeholders as needed. The project is estimated to take approximately three years and will also help inform the development of the City’s Local Coastal Plan development. It will include recommendations for possible implementation programs to address sea level rise and related threats to community safety.
Past Council Actions
Meeting Date Description
August 26, 2025 Approved a resolution approving application for, and acceptance of, grant funds from the Ocean Protection
Council
Discussion:
On February 26, 2026, staff issued a Request for Proposals (RFP) seeking a qualified consultant to perform the development of Vulnerability Assessment and Sea Level Rise Adaptation plan. The consultant will lead the development of these plans which will include analysis of physical conditions and future climate scenarios, creation of a technical advisory committee to help guide the work, and robust public outreach over the course of 2-3 years. Proposals were due March 26 and four were received. City staff reviewed and scored the proposals and decided that Moffat & Nichol was the most qualified and competent proposer.
The proposing firms are (in alphabetical order):
- Blue Strike
- Michael Baker
- Moffat & Nichols
- Somos
The proposals were independently evaluated by a staff review panel and scored based on the following criteria:
- Approach and Methods (35%)
- Relevant Experience and Expertise (45%)
- Cost and Administration (20%)
City of Hermosa Beach | Page 3 of 3
The evaluation sought firms with experience in similar projects for similar agencies with a responsible and responsive project manager that can ensure timely and efficient execution of the work. Moffat and Nichols exhibited the greatest knowledge of Hermosa Beach and its coastal issues. Their previous experience on a similar project in Hermosa Beach along with many similar projects along California’s coast showed them to be the preferred proposer.
If approved by Council, the consultant will begin immediately, following contract execution, to develop the plan. Work will be done with close cooperation of City staff over the estimated 2-3 year project timeline.
Fiscal Impact:
The contract amount of $473,875 will be fully funded by the budgeted OPC SLRAP Grant.
The OPC SLRAP grant of $583,307 is currently budgeted in the FY 2025-26 budget in the 150 Grants Fund.
Staff intends to apply the remaining $109,432 of the SLRAP grant award to cover applicable staff labor costs spent to support implementation of the grant.
Agreement Request
Agreement Request Amount Budget Account # Total Contract Amount
Moffat Nichols $473,875 150-6001-4201 $473,875
Attachments:
1. Request for Proposals
2. Proposal and Draft Professional Services Agreement
Respectfully Submitted by: Douglas Krauss, Environmental Programs Manager Noted for Fiscal Impact: Henry Chao, Finance Manager
Reviewed by: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager
REQUEST FOR PROPOSALS (RFP) #26-002
VULNERABILITY ASSESSMENT AND SEA LEVEL RISE ADAPTATION PLAN
IN THE CITY OF HERMOSA BEACH, CALIFORNIA
CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
(310) 750-3603
RFP 26-002 City of Hermosa Beach
RFP NUMBER: RFP# 26-002
RFP TITLE: VULNERABILITY ASSESSMENT AND SEA LEVEL RISE ADAPTATION PLAN REQUESTING DEPARTMENT: City Manager – Environmental Programs RELEASE DATE: February 26, 2026
DUE DATE: Thursday, March 26, 2026 @ 3:00 p.m. PST
Notice is hereby given that the City Manager’s Office of the City of Hermosa Beach will receive proposals for:
RFP# 26-002, VULNERABILITY ASSESSMENT AND SEA LEVEL RISE ADAPTATION PLAN Proposals must be submitted as PDF via the PlanetBids Portal (pbsystem.planetbids.com/portal/51313/portal-home). Proposals will be received until 3:00 p.m. PST, Thursday, March 26, 2026.
Proposals will not be opened at that time but will be submitted to the Public Works Department for verification and compliance with Specifications and subsequent recommendation to City Council for award of a contract or rejection of the responses, as deemed appropriate. The City reserves the right to make no award.
Please direct any inquiries regarding this RFP to Douglas Krauss at [email protected]. All questions regarding the content of the proposal may be emailed to Douglas Krauss referenced above or submitted on the PlanetBids Portal. www.hermosabeach.gov
CITY OF HERMOSA BEACH
1315 Valley Drive, Hermosa Beach, CA, 90254
Phone: (310) 750-3603
RFP 26-002 City of Hermosa Beach
Table of Contents
1 Introduction............................................................................................................................4
1.1 Invitation for Proposals....................................................................................................4
1.2 RFP Timeline .....................................................................................................................4
1.3 Submittal Procedures ......................................................................................................4
1.4 Protest Procedures...........................................................................................................5
1.5 Contact ............................................................................................................................5
1.6 General RFP Conditions ..................................................................................................6
2. Project Overview ................................................................................................................11
2.1 City Location and Characteristics................................................................................11
2.2 Objective and Goals.....................................................................................................11
2.3 Relevant Plans, Policies, Programs, or Projects...........................................................11
3. Scope of Services ...............................................................................................................12
4. Proposal Submittal Instructions ..........................................................................................12
4.1 Proposal Format.............................................................................................................12
4.2 Proposal Content...........................................................................................................13
4.2.1 Cover Letter ............................................................................................................13
4.2.2 Firm Profile ...............................................................................................................13
4.2.3 Project Understanding and Approach to Scope of Work...................................14
4.2.4 Project Management Plan ....................................................................................15
4.2.5 Experience and Qualifications ..............................................................................15
4.2.6 Required Forms .......................................................................................................17
4.2.7 Cost Proposal ..........................................................................................................17
5. Proposal Evaluation and Selection....................................................................................18
5.1 Proposal Review Process ..............................................................................................18
6. Contract Expectations........................................................................................................20
6.1 Contract Period .............................................................................................................20
6.2 Professional Services Agreement.................................................................................20
6.3 Standards of Work .........................................................................................................20
6.4 Invoicing and Payment.................................................................................................20
7. Attachments and Required Forms.....................................................................................21
7.1 Sample Professional Services Agreement...................................................................21
7.2 Required Forms..............................................................................................................41
7.2.1 Certification of Proposal.........................................................................................41
7.2.2 Non-Collusion Affidavit...........................................................................................43
7.2.3 Compliance with Insurance Requirements..........................................................44
7.2.4 Acknowledgement of Professional Services Agreement....................................45
RFP 26-002 City of Hermosa Beach
1 Introduction
1.1 Invitation for Proposals
The City of Hermosa Beach, Public Works Department is seeking proposals from qualified individuals or firms (“Consultant”) to develop and deliver a Vulnerability Assessment, Sea Level Rise Adaptation Plan, and related materials to supplement a Local Coastal Plan in compliance with Senate Bill 272 (SB272) and as detailed in the Work Plan and Grant Agreement documents from the Ocean Protection Council (Exhibit 1). Consultants must have the expertise, experience, and demonstrate resources available to perform the work described in this request for proposals (RFP).
Should an award be made, the selected Consultant(s) will enter into a professional services agreement with the City of Hermosa Beach to provide these services (draft attached). The City anticipates a contract start date around June 2026.
1.2 RFP Timeline
RFP posted February 26, 2026
Deadline to submit written questions March 12, 2026
Posting of responses to questions March 16, 2026
Deadline to submit proposals March 26, 2026 - 3 PM PST
Interviews for selected firms if the City
wishes to do so
TBD
Tentative award May 12, 2026
1.3 Submittal Procedures
Proposes shall submit one copy of the proposal and one copy of the fee schedule in PDF format on the PlanetBids Portal.
No proposals will be accepted after the listed date and time. The format, content, and procedures for submitting a proposal are provided in further detail within the RFP. (Check Section 4 for complete submittal procedures)
RFP 26-002 City of Hermosa Beach
1.4 Protest Procedures
Proposers may file a “protest” of a proposal/statement of qualification with the City’s City Manager. In order for a Proposer’s protest to be considered valid, the protest must:
A. Be filed in writing within five (5) calendar days after submittal deadline, or where the Protest relates solely to events occurring thereafter, within five (5) calendar days after the event or occurrence giving rise to the protest; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested;
D. Specify in detail the grounds for protest and the facts supporting the protest; E. Include all relevant supporting documentation with the protest at time of filing; and
F. Be transmitted concurrently to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Proposers or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
If the protest does not comply with each of these requirements, the City may reject the protest with or without further review.
If the protest is timely and complies with the above requirements, the City Manager, or other designated City staff member, shall review the protest, any response from the challenged Proposer(s), and all other relevant information, and will provide a written decision to the protestor.
This administrative procedure and the time limits set forth herein are mandatory. Failure to comply with these mandatory procedures shall constitute a waiver of any right to pursue the protest, including filing a Government Code claim or any legal proceedings or actions.
1.5 Contact
All questions regarding the content of the proposal must be submitted on the PlanetBids Portal. Responses to all questions will be posted on the PlanetBids Portal. Please direct any other inquiries regarding this RFP to Douglas Krauss at [email protected].
RFP 26-002 City of Hermosa Beach
1.6 General RFP Conditions
The following instructions and conditions apply to this RFP:
Pre-Contractual Expenses
The City of Hermosa Beach shall not, in any event, be liable for any pre-contractual expenses incurred by any consultant. In addition, no consultant shall include any such expenses as part of the price proposed. Pre-contractual expenses are defined as expenses incurred by bidders in:
• Preparing a proposal in response to this RFP.
• Submitting that proposal to the City of Hermosa Beach. • Negotiating with the City of Hermosa Beach any matter related to this RFP, proposal, and/or contractual agreement.
• Any other expenses incurred by the consultant prior to the date of an executed contract.
Authority to Withdraw RFP and/or Not Award Contract
The City of Hermosa Beach reserves the right to withdraw this RFP at any time for any reason without prior notice. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP. The City expressly reserves the right to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s).
The release of this RFP does not obligate nor compel the City to enter into a contract or agreement.
Authority to Revise RFP and Request Additional Information The City reserves the rights to amend the RFP at any time, to determine the successful respondent(s), and to reject any or all Proposals or their components. Should it be necessary for the City to issue addendums to this RFP during the proposal period, the City will post addendums to the PlanetBids Portal. It is the responsibility of all prospective proposers to check PlanetBids regularly to see whether any addenda or supplemental materials have been issued. Proposals shall acknowledge that the consultant is aware of all addendums which have been issued and has incorporated their provisions in their proposal by completing the Certification of Proposal Form.
The City reserves the right, to request additional information or clarifications from consultants where it may serve the City’s best interest.
Other Conditions
RFP 26-002 City of Hermosa Beach
• ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm(s), the Scope of Work may be modified and refined during negotiations with the City. Any proposer that provides additional services can include those services in the proposal and list them as additional services.
• AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the consultant to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a consultant shall provide a current power of attorney certifying the agent’s authority to bind the consultant.
• AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected consultant, if any. Award may be made to the consultant offering the most advantageous proposal after consideration of all criteria. • COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto.
• CONFLICT OF INTEREST. By signing the Certification of Proposal, the consultant declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Qualifications, consultant declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
• DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the consultants, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any consultant is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a consultant is interested. Consultants shall submit as part of their Proposal documents the completed Non-Collusion Affidavit.
• EXAMINATION OF DOCUMENTS. It is the responsibility of the consultant to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addendums (if any).
Consultants shall satisfy themselves as to the character, quantity, and quality of work to be performed and materials, labor, supervision necessary to perform the work as specified by these documents. The failure or neglect of the consultant to examine documents shall in no way relieve the consultant from any obligations with respect to the solicitation for and subsequent contract that may be awarded.
RFP 26-002 City of Hermosa Beach
The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the consultant has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a consultant to receive or examine any of the documents shall in no way relieve the consultant from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document. • INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of this RFP documents, or finds discrepancies or omissions in the document, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City.
Proposers shall submit all questions in writing to the contact listed in the announcement or submitted on the PlanetBids Portal. Proposers may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each consultant to ensure the City has their correct business name, mailing address and e-mail address on file through the PlanetBids online portal. Any prospective consultants who obtained a set of RFP documents from the PlanetBids online portal are responsible for checking PlanetBids to verify if any subsequent Addendums were issued.
• IRREGULARITIES. City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Manager. • NON-DISCRIMINATION. Consultant represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age or medical condition.
• NON-EXCLUSIVE. Should the City make an award, the successful consultant will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms.
• OFFERS OF MORE THAN ONE PRICE. Consultants are NOT allowed to submit more than one cost proposal.
• OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission. All documents
RFP 26-002 City of Hermosa Beach
submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq.
Proposals should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All information contained within the proposals will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within its bid proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. • PROFESSIONAL SERVICES AGREEMENT. Prior to awarding any work, the selected Consultant will be required to execute a professional services agreement (sample attached) with the City. Any proposed change to the agreement shall be identified in the response to the Request for Qualifications (RFP) and shall be subject to the sole approval of the City. The City requires the Consultant to obtain and maintain a policy of professional liability and other insurance as indicated in the agreement.
• NO PUBLIC OPENING/PUBLIC RECORDS ACT. Proposals shall be opened and its contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing consultants. Adequate precautions shall be taken to treat each consultant fairly and to insure that information gleaned from competing proposals is not disclosed to other Consultants. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authority. • PUBLIC RECORD. All proposals submitted in response to this RFP will become the property of the City upon submittal and a matter of public record when the City selects a proposer for recommendation to the City Council for its consideration pursuant to applicable law.
• REPRESENTATIONS. Consultant understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in evaluation of the proposal. Consultant misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.
• SEVERABILITY. If any provisions or portion of any provision, of this Request for Qualifications are held invalid, illegal or unenforceable, they shall be severed from the Request for Qualifications and the remaining provisions shall be valid and enforceable.
• SUBCONTRACTOR INFORMATION. If the proposal includes the use of sub consultants, consultant must identify specific sub consultants and the specific requirements of this RFP for which each proposed sub consultant would perform services. All sub consultant for work services must follow all required provisions of the prime contract.
RFP 26-002 City of Hermosa Beach
• VALIDITY. Proposal must be valid for a period of 90 days from the due date. • WITHDRAWAL OF PROPOSAL. Consultants’ authorized representative may withdraw Proposals only by written request received by this RFP contact personal before the Proposal Submittal Deadline.
• BUSINESS LICENSE. The selected firm(s) must obtain a City of Hermosa Beach Business license and maintain a current certificate of insurance with the City for the duration of the Professional Service Agreement.
RFP 26-002 City of Hermosa Beach
2. Project Overview
2.1 City Location and Characteristics
The City of Hermosa Beach is located within the southwestern coastal portion of Los Angeles County in an area referred to locally as the “South Bay”. The City is bordered by the City of Manhattan Beach and City of Redondo Beach, and on the west by the Pacific Ocean. Hermosa Beach encompasses approximately 1.4 square miles, with almost 20,000 residents and a large number of visitors to its beaches and downtown.
Governed by a five-member City Council with members elected at large, Hermosa Beach operates under the council/city manager form of government as a general law city. The programs and services provided by the City are accomplished through eight City departments: City Clerk, City Manager, Community Development, Community Resources, Finance, Human Resources, Police, and Public Works.
2.2 Objective and Goals
The City of Hermosa Beach has secured grant funding from the Ocean Protection Council (OPC) Senate Bill 1 (SB 1) Grant Program to develop a Sea Level Rise Adaptation Plan (SLRAP) and a Vulnerability Assessment (VA), in alignment with Ocean Protection Council (OPC) Sea Level Rise Adaptation Criteria. The funding will additionally help by allowing integration with relevant sections of the City’s development of an updated Local Coastal Plan (LCP), per Senate Bill 272. These grant funds are to be used to provide local assistance for implementation of Chapter 236 of the Statutes of 2021 (SB 1) for the purposes of supporting local and regional governments, in accordance with the provisions contained in the Senate Bill 1 (SB 1) Grant Program Solicitation and Agreement.
The project will produce a VA and SLRAP for the City of Hermosa Beach. Together, these documents will identify current and future coastal flooding risks, evaluate exposure and vulnerabilities, and define practical strategies to reduce SLR impacts and improve long-term coastal resilience.
The VA and SLRAP will provide the City with the technical basis and communityinformed priorities needed to guide future adaptation actions and the update of its LCP. The process will also strengthen the City’s alignment with the broader Los Angeles County Regional Coastal Strategic Adaptation Plan (RCSAP)
RFP 26-002 City of Hermosa Beach
2.3 Relevant Plans, Policies, Programs, or Projects
Proposers should review and consider the work already completed or underway in the development of approach, budget, and schedule. The following documents are provided as Exhibits for your convenience:
• Exhibit 1 – OPC-Approved Work Plan
• Exhibit 2 - PLAN Hermosa, the City’s Comprehensive General Plan and Local Coastal Program, adopted 2017
• Exhibit 3 – 2016 LA County VA
• Exhibit 4 – Hermosa Beach Local Coastal Plan 1981
• Exhibit 5 – Hermosa Beach Hazard Mitigation Plan 2025 • Exhibit 6 – Hermosa Beach Climate Change Adaptation and Resiliency Measures Final Report 2022
3. Scope of Services
The scope of work will match the OPC-approved work plan and schedule included with the Grant Agreement (Exhibit 1). Minor variations are allowed but must adhere to the minimum requirements of the approved plan and the general spirit and goals of the project, as also described above and in the Grant Agreement.
The successful proposer shall assume that all tasks and deliverables are to be accomplished by the proposer except where City staff are explicitly required to be involved to provide information or support. Essentially, City staff will provide minimal guidance and support with the proposer leading the execution of the Work Plan and providing deliverables in a timely manner, as detailed in the Work Plan.
4. Proposal Submittal Instructions
4.1 Proposal Format
Proposers shall submit one copy of the proposal and one copy of the fee schedule in PDF format on the PlanetBids Portal.
RFP 26-002 City of Hermosa Beach
4.2 Proposal Content
Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Adherence to the approved Work Plan is essential. Proposals should include the sections as described in greater detail below. Do NOT include marketing brochures or other promotional material not connected with this RFP.
4.2.1 Cover Letter
Proposal must be accompanied by a cover letter, signed by an individual authorized to bind the proposing entity. An unsigned proposal is grounds for rejection. The cover letter should include an introduction of the firm, contact information, summary statement of professional qualifications, and statement of understanding of the scope of work. The cover letter also shall acknowledge receipt of any addendums that were issued for this RFP.
4.2.2 Firm Profile
Proposers should provide a brief profile of the prime consultant and any sub-consultants.
Information should include, but is not limited to the following information:
• Official name and address.
• Name, address, email, and telephone number of the consultant’s primary point of contact.
• Type of business entity of consultant (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture.
• Federal Employer I.D. Number.
• Address, telephone numbers and fax numbers of each of the proposing firm’s locations.
• Indication whether firm is totally or partially owned by another business organization (parent company) or individual.
• Number of years consultant has been in business under the present business name.
• Number of years of experience the consultant has had in providing required, equivalent, or related services.
RFP 26-002 City of Hermosa Beach
• Any failures or refusals to complete a contract, and explanation.
4.2.3 Project Understanding and Approach to Scope of Work Proposers should include in this section a statement of project understanding, organizational chart, approach to work program and summary of deliverables, described in greater detail below.
Statement of Project Understanding
Consultant must include in this section its understanding of the project and understanding of the Scope of Services noted herein. Consultant should be able to articulate a thorough understanding of the State, County and Local requirements, and other industry standards applicable to the project or services to be provided.
Organizational Chart
Consultant shall include an organizational chart that reflects key staff and roles/responsibilities of each individual assigned to provide services under this Proposal.
Any roles or topics in which the proposer anticipates utilizing the expertise of subcontractors should be clearly identified.
Approach to Work Program (Required and Optional Tasks)
The City is seeking an effective, efficient and creative approach to preparing work products and meeting the City’s goals and timelines. In this section, proposers should include their recommended approach to providing the requested professional services and tasks noted in the Scope of Services in the RFP. The approach to the work plan shall be of such detail to demonstrate the proposer’s ability to accomplish project objectives. This section should also include proposed approaches and techniques to engagement of community and stakeholders in the process of developing projects.
The proposer’s approach should provide detail on both the required and optional tasks identified in the scope of work, as well as any additional tasks or services performed by the proposer.
Additional Services
Consultant shall provide the City with any additional services that the firm can provide.
Consultant may additionally itemize those services which are further beneficial but are not noted in the aforementioned paragraphs as requirements.
Roles and Responsibilities for City Staff
Proposer should summarize any services NOT provided by their firm that are listed in the Scope of Work. Consultant shall also list any resources, City assistance or other items expected to be provided by City, “Work to be Performed or Provided by the City”.
RFP 26-002 City of Hermosa Beach
4.2.4 Project Management Plan
Key to a creative, effective, and efficient delivery of projects is close coordination and communication between the City, community, and the selected consultant. In this section, proposers should provide information on scheduling, and describe the firm or project manager’s approach to communications and quality assurance/quality control.
Project Schedule
Proposers must provide a project schedule with anticipated timeframe for key deliverables outlined in the scope of work.
Communications Approach
Proposers should describe their recommended or preferred approach to project communications between the City and Consultant Team. This should include detail on the frequency of project check-ins, progress updates, and meeting locations (i.e. phone, email, in-person). Communications protocols for coordinating with other City departments, agencies, and the community can be established during individual project kick-offs.
Quality Assurance/Quality Control Approach
Describe the firm’s QA/QC processes that will be adhered to during the term of the agreement. Describe the Consultant’s method of ensuring that the assigned personnel’s quality of work is high.
4.2.5 Experience and Qualifications
Proposers should include in this section a summary of relevant projects, contact information for references, and information about the experience, qualifications, and availability of key personnel, described in greater detail below.
Summary of Relevant Projects
Proposers should highlight representative projects that are similar in scope to the services requested to demonstrate the firm’s depth of experience and familiarity with similar projects. For each project, please include the following information, at a minimum:
• Year started and completed (if relevant)
• Contracting Agency + Department
• Project Description
• Key Personnel Assigned
• Contract Value
RFP 26-002 City of Hermosa Beach
References
Consultant must provide at least three (3) references for which consultant has provided services similar in scope as set forth in the RFP within the last five (5) years. Reference information should include:
• Name of agency
• Name of agency project manager
• Email address and telephone number of contact person
• Description of project or services provided
Experience and Qualifications of Key Personnel
The consultant shall provide resumes indicating the experience and qualifications for the key personnel identified in the organization chart. Consultant shall also include the number and type of additional support personnel who will be providing services. At a minimum, the resume for each team member should include:
• Name
• Position and Role for This Project
• Degrees and Certifications
• Professional Memberships/Registrations
• Summary of Experience
• Work on Representative Project Similar in Scope
If sub-consultants are to be used as part of this proposal, a resume of the sub-consultant and relevant experience is to be included in the same format.
Assignment of Key Personnel
It is the City’s preference to have the key personnel identified in the Organizational Chart remain with the individual project during its duration. In this section, please indicate the availability of key personnel to pursue completion of projects.
After contract execution the Consultant should not substitute key personnel (project manager and others listed by name in the proposal) or sub-consultants without prior written approval from the local agency. The consultant must request and justify the need for the substitution and obtain approval from the agency prior to use of a different subconsultant on the contract. The proposed substituted person must be as qualified as the original, and at the same or lower cost for similar types of consultant contracts, the
RFP 26-002 City of Hermosa Beach
Consultant’s project manager shall have all the necessary credentials to qualify him/her as a project manager for this project.
In the event there are proposed changes in key personnel, including sub-consultants, during the term of the agreement that are outside of the consulting firm’s control, the consultant shall prepare a transition plan that is presented to the City’s project manager for review.
4.2.6 Required Forms
Consultant shall review, acknowledge and submit the following forms:
• Certification of Proposal. Consultant is required to sign and submit the Certification of Proposal including acknowledgement that they have received and considered any addendums issued by the City of Hermosa Beach in connection with this RFP. (See section 7.2.1)
• Non-Collusion Affidavit.Consultant is required to sign and submit the NonCollusion Affidavit. (See section 7.2.2) • Compliance with Insurance Requirements. Consultant shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Professional Services Agreement. (See section 7.2.3) • Acknowledgement of Professional Services Agreement. Consultant shall demonstrate willingness and ability to comply with the City’s Sample Professional Services Agreement and/or indicate any exceptions to the Professional Services Agreement. (See section 7.2.4)
4.2.7 Cost Proposal
The cost proposal shall be submitted through PlanetBids Portal as a separate file, labeled “Cost Proposal” and indicate the firm’s name. The cost proposal shall detail costs broken down by project phase, task, hourly rates, and key personnel.
Consultant should provide the cost proposal for the duration of the agreement to successfully fulfill the Scope of Work detailed in this RFP. Required and optional tasks should be consistent with the tasks listed in the Scope of Services and be clearly marked in the cost proposal to facilitate consistent comparison of costs between proposals. The Cost Proposal should identify project team members, and hourly billing rates and break costs by task and phase. The fee schedule should also include any direct costs such as travel, equipment, printing/materials.
The method of payment shall be primarily at Specified Rates of Compensation but may include Cost per Unit of Work. The proposal should include hourly rates for all types of personnel required to perform the services described in this RFP.
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No mark ups will be allowed for direct or miscellaneous costs and sub-consultant work, however, an appropriate number of hours for sub-consultant oversight will be allowed.
5. Proposal Evaluation and Selection
5.1 Proposal Review Process
The City will evaluate all proposals received in accordance with the evaluation criteria.
The City shall not be obligated to accept the lowest priced fee schedule, but the City may make award(s) in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer. Evaluation scores will not be released until after award of proposal, if one is made.
Following the review of RFPs by the City’s team, the City may, if it chooses to do so, invite short-listed consultants to be interviewed by a panel of City staff, which may include noncity personnel at the City’s discretion. Discussions may, at the City's option, be conducted with the most qualified Proposers. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements.
Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers.
The City will verify references of short-listed consultants, which may include persons not listed as references, and this will help inform the City’s decisions. The City will select a consultant to negotiate for the performance of work. In negotiating the contract the City may request modifications to the proposed scope or to the technical team or other elements of the proposal. If negotiations fail, the City will commence negotiations with the next qualified candidate. Work will promptly commence following contract award and satisfaction of contract requirements.
5.2 Evaluation Criteria
Evaluation criteria will typically include RFP understanding, demonstrated expertise, relevant experience, availability of the firm’s team, and other factors. Task orders resulting from this contract will be negotiated and executed between the City and the selected firm.
Proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of Hermosa Beach will use the following criteria in its evaluation of proposals, interviews may be required with selected consultants, or verification of references. The categories will be weighted approximately as follows.
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Approach and Methods (35%):
• A well thought-out and tailored approach to the technical work that responds to the City’s particular issues and needs and adheres to the approved Work Plan. • Incorporation of innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities.
• Evidence of the team’s ability to work collaboratively with other members of a multi-disciplinary team in a complex and dynamic working environment. • Demonstration of the team’s commitment to accurate and superior work products and services as detailed in the project management project management plan.
Relevant Experience & Expertise (55%):
• Recent experience preparing similar projects or providing similar services for jurisdictions.
• Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements.
• The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project.
• The consultant team’s ability to dedicate a strong project manager that will serve as a single point of contact for the duration of the project. • The team’s experience and ability to clearly communicate technical concepts and terminology with the community and organizing and manages community outreach activities.
Cost and Administration (20%):
• Display of responsive timeframe to assigned tasks.
• Evidence of the team’s ability to successfully deliver project tasks and deliverables within the identified project budget and minimize cost overruns • Billing rates, ability to comply with the timeline terms, and billing procedures. • The extent and nature of any proposed amendments to the City’s Professional Services Agreement.
• Cost proposal is clearly defined, matches Work Plan, and aligns with City’s approved OPC funding for the project.
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6. Contract Expectations
6.1 Contract Period
The City anticipates the contract term would begin around April 2026. Per the approved Work Plan and Schedule, the City is interested in having the project completed before Fall 2028.
6.2 Professional Services Agreement
The selected consultant will be expected to comply with and sign the City’s Professional Services Agreement.
6.3 Standards of Work
In case of conflicts, ambiguities, discrepancies, errors, or omissions, Consultant shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Consultant prior to clarification by City shall be at Consultant's risk and expense.
6.4 Invoicing and Payment
Each invoice shall contain a progress report describing the work completed during the billing period and shall also include cost information by task regarding: previous work billed to date, work billed during the reporting period, percent of task completed and amount remaining by task.
Invoices are to be submitted monthly. The invoices shall reference the project title, and list charges by task, worker classification, hours, billing rate, and totals.
Each invoice shall contain a progress report describing the work completed during the billing period and conform to the invoicing and reporting requirements detailed in the Grant Agreement between the City and the OPC.
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7. Attachments and Required Forms
7.1 Sample Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF HERMOSA BEACH
AND
[________________]
This professional services agreement (“Agreement”) is made and entered into as of [________] (“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 [_________] (a [________] with its principal place of business at [________]) (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.
RECITALS
A. City is a public agency of the State of California and is in need of Consultant’s [_________] services (“Services”); and
B. Consultant is duly licensed and has the necessary qualifications to provide such Services; and
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the Services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.
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2. Services. Consultant shall provide the City with the Services as set forth in in Exhibit A, Services, attached hereto and incorporated herein by reference. In the event of any inconsistency between the terms of Exhibit A and this Agreement, the terms of this Agreement shall govern.
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation
a. Subject to paragraph 4b below, the City shall pay for the services listed in Exhibit A.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of [________] dollars ($[_______]). This amount is to cover all related costs for the duration of the term, and the City will not pay any additional fees for printing expenses. Consultant shall submit invoices to City no later than thirty (30) calendar days after the performance of work for which Consultant is billing, invoices shall detail the work performed on each milestone and each project as applicable. All invoices for City’s approved task(s) and or deliverable(s) shall include the following in order for payments to be processed:
(1) Consultant’s name,
(2) Contract number,
(3) Task number,
(4) Purchase order number,
(5) Project name,
(6) Invoice number,
(7) Invoice date,
(8) Billing period,
(9) For work performed on a lump sum basis, the deliverables provided during the billing period or the percentage of each task completed during the billing period,
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(10) For work performed on a time and materials basis, the name of the staff member working on the task and/or deliverable, the specific task or subtask performed, the date of performance, the number of hours performed on that date, the staff member’s billing rate per Exhibit B, Cost Proposal, and the description of work performed for that time entry. Any charges for approved direct expenditures (e.g., mileage, parking, etc.) shall be accompanied by receipts or other documentation.
(11) Total budgeted task amount,
(12) Percentage of total task amount billed to date, and (13) Other information as required by a specific task.
c. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed, the method of compensation subject to paragraph 4d below, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
d. Compensation for services under this Agreement shall be based on one of the following methods of compensation:
(1) Lump Sum Method: whereby the Consultant is compensated for meeting designed project milestones for a specific Task. All of the Consultant’s costs, including employee salaries, overhead, other direct costs, subcontract expenses, and profit are included in the Lump Sum amount;
(2) Time and Materials Method: whereby the Consultant is compensated based upon the agreed upon rates as stated in Exhibit B, Cost Proposal, and other approved direct costs, subject to Engineer’s approval, with a total not to exceed amount as stated in Exhibit B. Exhibit B shall be in effect for the duration of the Agreement;
(3) Combination of Method 1 or 2 above: whereby the Consultant is compensated for some line items in their proposal based upon the Lump Sum Method and other line items in their proposal based on Time and Materials Method.
5. Additional or Removed Work. If changes in the work seem merited by the Parties and informal consultations with the other Party indicate that a change is
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warranted, it shall be processed by the Consultant forwarding a letter to the City outlining the changes with a statement of estimated changes in fee and/or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. In the absence of an amendment, the City may order such changes and equitably adjust compensation as necessary.
6. Term. This Agreement shall commence on the Effective Date and continue until [________], unless the Agreement is previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance
a. Neither Party shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics, or quarantine restrictions. “Orders of governmental authorities” includes ordinances; emergency proclamations and orders; and rules to protect the public health, welfare, and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall (within a reasonable time of being prevented from performing) give written notice to the
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other Party describing the circumstances preventing continued performance and the efforts being made to resume performance. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
10. Compliance with Law
a. Consultant shall comply with all applicable laws, ordinances, codes, and regulations of the Federal, state, and local government (including California Division of Occupational Safety and Health Administration requirements). b. Consultant shall assist the City as requested in obtaining and maintaining all permits required of Consultant by Federal, state, and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and / or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles; and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the scope ofServices as described in Exhibit A.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City; and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City (which may be withheld for any reason). Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
14. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement
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on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel (including but not limited to social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance).
15. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured. The City (its officials, officers, employees, agents, and volunteers) shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain (during the performance of all work under this Agreement, in amounts not less than specified herein) Commercial General (“CG”) Liability Insurance in a form and with insurance companies acceptable to the City.
(ii) Coverage for CG Liability insurance shall be at least as broad as Insurance Services Office (“ISO”) CG Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) 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 Agreement (8) Property Damage
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(9) Independent Consultants Coverage
(iv) 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.
(v) The policy shall give City (its elected and appointed officials, 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.
(vi) 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.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant 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). (ii) 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).
(iii) The policy shall give City (its elected and appointed officials, officers, employees, agents, and City-designated volunteers) additional insured status. (iv) 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. d. Workers’ Compensation/Employer’s Liability
(i) Consultant 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.
(ii) To the extent Consultant has employees at any time during the term of this Agreement (at all times during the performance of the work under this Agreement), the Consultant shall maintain full compensation insurance for all persons
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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). Consultant 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. e. Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement, the Consultant 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 endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors, or omissions of the Consultant. “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 and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber). At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches; (2) system breaches; (3) denial or loss of service; and (4) the introduction, implantation, or spread of malicious software code in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required
(i) The following insurance limits are required:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
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(ii) Defense costs shall be payable in addition to the limits. (iii) 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.
h. Evidence Required. Prior to execution of the Agreement, the Consultant 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.
i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement; except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant 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.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’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.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three (3) years after the completion of the work under this Agreement. Consultant 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
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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. (iv) All required insurance coverages (except for the
professional liability coverage) shall contain or be endorsed to provide waiver of subrogation in favor of the City (its officials, officers, employees, agents, and volunteers) or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City; and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) 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 Consultant from liability in excess of such coverage, nor shall it limit the Consultant’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.
j. Qualifying Insurers. 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. k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant; 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 Consultant pursuant to this Agreement (including but not limited to the provisions concerning indemnification).
(ii) 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, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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(iii) The City may require the Consultant to provide
complete copies of all insurance policies in effect for the duration of the Project. (iv) The City (City Council, any member of the City Council, officials, officers, employees, agents, or volunteers) shall not be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant 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 Consultant, the City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
16. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify, and hold the City (its elected and appointed officials, officers, employees, agents, and authorized volunteers) free and harmless from any and all claims (demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind in law or equity to property or persons including wrongful death (“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged acts (errors, omissions, or willful misconduct) of Consultant (its officials, officers, employees, subcontractors, consultants, or agents) in connection with the performance of the Consultant’s services, the Project, or this Agreement (including without limitation the payment of all damages, expert witness fees, attorneys’ fees, and other related costs and expenses). This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City (the City Council, members of the City Council, its employees, or authorized volunteers). Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
17. California Labor Code Requirements
a. Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws if applicable.
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Consultant shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claims (liabilities, costs, penalties, or interest) arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply 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. b. 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 Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 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.
18. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and Federal law respecting the employment of undocumented aliens (including but not limited to the Immigration Reform and Control Act of 1986 as may be amended from time to time), and shall require all subconsultants and subsubconsultants to comply with the same.
19. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or Federal court situated in the County of Los Angeles, State of California.
20. Termination or Abandonment
a. The City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports, and other documents
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produced or developed for that portion of the work completed and/or being abandoned. The City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services (based on an amount mutually agreed to by the Parties of the portion of such task completed but not paid prior to said termination). The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
c. If the Agreement is terminated prior to its completion for any reason, Consultant shall refund the monthly prorated cost of the incomplete term.
21. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant (when requested) shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall (at no cost to City) provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
22. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
23. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement; and in the performance of its obligations hereunder except as expressly provided herein.
24. Ownership of Documents and Confidential Information a. All deliverables and other documents generated by Consultant in the performance of the Services (including all work papers, work-in-progress, designs, drawings, documents, data, computations, specifications, studies and reports prepared by Consultant as a part of the Services or authorized Additional Services (“Consultant Work Product”)) shall belong to and be subject to the sole ownership and use of City. b. Consultant may receive written or verbal information from City (its representatives or agents) not in the public domain during the course of the performance
RFP 26-002 City of Hermosa Beach
of this Agreement. Such information may include City’s know how, trade secrets, and other proprietary and confidential information; and Consultant agrees to treat such information as confidential information belonging to City. Consultant agrees that neither it (nor its officers, employees, representatives, agents, successors, or assigns) will disclose such information to any third party or use the same in any manner without the prior written consent of City. Consultant further agrees to safeguard such proprietary and confidential information from unauthorized disclosure and/or use using the same degree of care it uses to protect its own proprietary and confidential information, but not less than a reasonable standard of care. In the event that disclosure of such information is sought pursuant to any law or regulation, Consultant shall promptly notify City of such fact to allow City to assert whatever exclusions or exemptions may be available to it under applicable law or regulation.
25. Organization. Consultant shall assign [______] as Project Manager.
Consultant shall provide City fifteen (15) days written notice before removing or reassigning the Project Manager from the performance of the Services.
26. Limitation of Agreement. This Agreement is limited to and includes only the work included in the scope of Services described in Exhibit A.
27. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office (certified mail, return receipt requested, postage prepaid, and addressed to the following addresses) and shall be effective upon receipt thereof:
CITY:
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
Attn: [______]
CONSULTANT:
[Name]
[Address]
[Address]
Attn: [_______]
28. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or
RFP 26-002 City of Hermosa Beach
applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such nondiscrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
30. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with the scope of Services as listed in Exhibit A or other scopes of Services.
31. 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, Consultant 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.
32. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person (other than a bona fide employee working solely for Consultant) to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person (other than a bona fide employee working solely for Consultant) 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. No 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 for the term of this Agreement.
33. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
34. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect.
RFP 26-002 City of Hermosa Beach
35. Time of Essence. Time is of the essence for each and every provision of this Agreement.
36. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this Agreement.
37. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
38. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties; and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
39. Entire Agreement. This Agreement (including the Exhibits) represents the entire understanding of the Parties as to those matters contained herein; and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder. 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. This is an integrated Agreement.
40. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
41. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
42. Key Personnel. Consultant has represented to the City that certain additional key personnel and consultants will perform the Services under this Agreement.
Should one or more of such personnel or consultants become unavailable, Consultant may substitute others of at least equal competence upon written approval of the City. In the event the Parties cannot agree as to the substitution of key personnel, engineers, or consultants, the City shall be entitled to terminate this Agreement for cause. 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 Services, or a threat to the safety of persons or property) shall be promptly removed from the Services by the Consultant at the request of the City. The key additional personnel, engineers, and
RFP 26-002 City of Hermosa Beach
consultants for performance of this Agreement are as follows: [INSERT NAMES, AND TITLES OF KEY PERSONNEL, AND LICENSE NUMBERS, IF APPLICABLE].
43. Licenses and Permits. Consultant shall obtain all licenses and permits necessary for the performance of the Services at no cost to the City, except with respect to the following licenses and permits if so identified which the City shall obtain at its own cost: None.
[SIGNATURES ON FOLLOWING PAGE]
RFP 26-002 City of Hermosa Beach
SIGNATURE PAGE FOR
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HERMOSA BEACH
AND
[___________]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY OF HERMOSA BEACH
APPROVED BY:
Steve Napolitano
City Manager
ATTESTED BY:
Reanna Guzman
Interim City Clerk
APPROVED AS TO FORM:
Jason Baltimore
Interim City Attorney
[___________]
Taxpayer Identified Number:
RFP 26-002 City of Hermosa Beach
EXHIBIT A
SERVICES
RFP 26-002 City of Hermosa Beach
EXHIBIT B
COST PROPOSAL
RFP 26-002 City of Hermosa Beach
7.2 Required Forms
7.2.1 Certification of Proposal
RFP #: _________
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP).
1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.
3. Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal
6. The proposal shall be valid for 90 days from the date of submittal.
7. Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued:
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal.
RFP 26-002 City of Hermosa Beach
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
RFP 26-002 City of Hermosa Beach
7.2.2 Non-Collusion Affidavit
RFP #: _________
The undersigned declares states and certifies that:
1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.
2. This proposal is genuine and not collusive or sham.
3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP.
4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract.
5. All statements contained in the Proposal and related documents are true.
6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal.
7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this proposal.
8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
RFP 26-002 City of Hermosa Beach
7.2.3 Compliance with Insurance Requirements
RFP #: _________
The selected consultant will be expected to comply with the City s insurance requirements contained within this RFP.
The undersigned declares states and certifies that:
1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal.
2. If selected, proposer agrees to accept all conditions and requirements as contained therein.
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
RFP 26-002 City of Hermosa Beach
7.2.4 Acknowledgement of Professional Services Agreement RFP #: _________
The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement.
1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement.
2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 .\
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF HERMOSA BEACH AND MOFFAT & NICHOL
This professional services agreement (“Agreement”) is made and entered into as of May 27, 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 Moffat & Nichol (a Corporation with its principal place of business at 555 Anton Boulevard, Suite 400, Costa Mesa, California 92626) (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.
RECITALS
A. City is a public agency of the State of California and is in need of Consultant’s Coastal Adaptation Planning services (“Services”); and B. Consultant is duly licensed and has the necessary qualifications to provide such Services; and
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the Services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the Services as set forth in Consultant’s “Proposal for Vulnerability Assessment and Sea Level Rise Adaptation Plan” dated March 2026 (attached hereto as Exhibit A and incorporated herein by reference). In the event of any inconsistency between the terms of Exhibit A and this Agreement, the terms of this Agreement shall govern.
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 .\
4. Compensation
a. Subject to paragraph 4b below, the City shall pay for the services listed in Exhibit A.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of four hundred seventythree thousand eight hundred seventy-five dollars ($473,875). This amount is to cover all related costs for the duration of the term, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by the Parties and informal consultations with the other Party indicate that a change is warranted, it shall be processed by the Consultant forwarding a letter to the City outlining the changes with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue until April 30, 2029, unless the Agreement is previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
BBK (2026) Page 3 of 16 PROFESSIONAL SERVICES AGREEMENT
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance
a. Neither Party shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics, or quarantine restrictions. “Orders of governmental authorities” includes ordinances; emergency proclamations and orders; and rules to protect the public health, welfare, and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall (within a reasonable time of being prevented from performing) give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
10. Compliance with Law
a. Consultant shall comply with all applicable laws, ordinances, codes, and regulations of the Federal, state, and local government (including California Division of Occupational Safety and Health Administration requirements).
b. Consultant shall assist the City as requested in obtaining and maintaining all permits required of Consultant by Federal, state, and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and / or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
BBK (2026) Page 4 of 16 PROFESSIONAL SERVICES AGREEMENT
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles; and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
Consultant’s performance shall conform in all material respects to the requirements of the Scope of Services.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City; and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City (which may be withheld for any reason). Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
14. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel (including but not limited to social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance).
15. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Additional Insured. The City (its officials, officers, employees, agents, and volunteers) shall be named as additional insureds on Consultant’s
BBK (2026) Page 5 of 16 PROFESSIONAL SERVICES AGREEMENT and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain (during the performance of all work under this Agreement, in amounts not less than specified herein) Commercial General (“CG”) Liability Insurance in a form and with insurance companies acceptable to the City.
(ii) Coverage for CG Liability insurance shall be at least as broad as Insurance Services Office (“ISO”) CG Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) 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
Agreement
(8) Property Damage
(9) Independent Consultants Coverage
(iv) 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. (v) The policy shall give City (its elected and appointed officials, 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.
(vi) 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.
BBK (2026) Page 6 of 16 PROFESSIONAL SERVICES AGREEMENT c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant 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).
(ii) 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).
(iii) The policy shall give City (its elected and appointed officials, officers, employees, agents, and City-designated volunteers) additional insured status.
(iv) 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. d. Workers’ Compensation/Employer’s Liability
(i) Consultant 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. (ii) To the extent Consultant has employees at any time during the term of this Agreement (at all times during the performance of the work under this Agreement), the Consultant 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). Consultant 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. e. Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement, the Consultant 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 endorsed to include contractual liability
BBK (2026) Page 7 of 16 PROFESSIONAL SERVICES AGREEMENT applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors, or omissions of the Consultant. “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 and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber). At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches; (2) system breaches; (3) denial or loss of service; and (4) the introduction, implantation, or spread of malicious software code in a form and with insurance companies acceptable to the City.
g. Minimum Policy Limits Required
(i) The following insurance limits are required:
Combined Single Limit
Commercial General Liability $2,000,000 per
occurrence/$4,000,000 aggregate
for bodily injury, personal injury, and
property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) 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.
BBK (2026) Page 8 of 16 PROFESSIONAL SERVICES AGREEMENT h. Evidence Required. Prior to execution of the Agreement, the Consultant 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.
i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement; except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant 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.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’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.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three (3) years after the completion of the work under this Agreement. Consultant 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. (iv) All required insurance coverages (except for the
professional liability coverage) shall contain or be endorsed to provide waiver of subrogation in favor of the City (its officials, officers, employees, agents, and volunteers) or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery
BBK (2026) Page 9 of 16 PROFESSIONAL SERVICES AGREEMENT prior to a loss. Consultant hereby waives its own right of recovery against City; and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) 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 Consultant from liability in excess of such coverage, nor shall it limit the Consultant’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.
j. Qualifying Insurers. 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. k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant; 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 Consultant pursuant to this Agreement (including but not limited to the provisions concerning indemnification).
(ii) 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, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide
complete copies of all insurance policies in effect for the duration of the Project. (iv) The City (City Council, any member of the City Council, officials, officers, employees, agents, or volunteers) shall not be personally responsible for any liability arising under or by virtue of this Agreement.
BBK (2026) Page 10 of 16 PROFESSIONAL SERVICES AGREEMENT l. Subconsultant Insurance Requirements. Consultant 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 Consultant, the City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
16. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify, and hold the City (its elected and appointed officials, officers, employees, agents, and authorized volunteers) free and harmless from any and all claims (demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind in law or equity to property or persons including wrongful death (“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged acts (errors, omissions, or willful misconduct) of Consultant (its officials, officers, employees, subcontractors, consultants, or agents) in connection with the performance of the Consultant’s services, the Project, or this Agreement (including without limitation the payment of all damages, expert witness fees, attorneys’ fees, and other related costs and expenses). This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City (the City Council, members of the City Council, its employees, or authorized volunteers).
Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
17. California Labor Code Requirements
a. Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws if applicable. Consultant shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claims (liabilities, costs, penalties, or interest) arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all
BBK (2026) Page 11 of 16 PROFESSIONAL SERVICES AGREEMENT subcontractors to comply 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. b. 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 Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 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.
18. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and Federal law respecting the employment of undocumented aliens (including but not limited to the Immigration Reform and Control Act of 1986 as may be amended from time to time), and shall require all subconsultants and subsubconsultants to comply with the same.
19. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or Federal court situated in the County of Los Angeles, State of California.
20. Termination or Abandonment
a. The City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports, and other documents produced or developed for that portion of the work
BBK (2026) Page 12 of 16 PROFESSIONAL SERVICES AGREEMENT completed and/or being abandoned. The City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services (based on an amount mutually agreed to by the Parties of the portion of such task completed but not paid prior to said termination). The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. c. If the Agreement is terminated prior to its completion for any reason, Consultant shall refund the monthly prorated cost of the incomplete term.
21. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant (when requested) shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall (at no cost to City) provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
22. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
23. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement; and in the performance of its obligations hereunder except as expressly provided herein.
24. Ownership of Documents and Confidential Information a. All deliverables and other documents generated by
Consultant in the performance of the Services (including all work papers, work-inprogress, designs, drawings, documents, data, computations, specifications, studies and reports prepared by Consultant as a part of the Services or authorized Additional Services (“Consultant Work Product”)) shall belong to and be subject
BBK (2026) Page 13 of 16 PROFESSIONAL SERVICES AGREEMENT to the sole ownership and use of City.
b. Consultant may receive written or verbal information from City (its representatives or agents) not in the public domain during the course of the performance of this Agreement. Such information may include City’s know how, trade secrets, and other proprietary and confidential information; and Consultant agrees to treat such information as confidential information belonging to City.
Consultant agrees that neither it (nor its officers, employees, representatives, agents, successors, or assigns) will disclose such information to any third party or use the same in any manner without the prior written consent of City. Consultant further agrees to safeguard such proprietary and confidential information from unauthorized disclosure and/or use using the same degree of care it uses to protect its own proprietary and confidential information, but not less than a reasonable standard of care. In the event that disclosure of such information is sought pursuant to any law or regulation, Consultant shall promptly notify City of such fact to allow City to assert whatever exclusions or exemptions may be available to it under applicable law or regulation.
25. Organization. Consultant shall assign Chris Webb as Project Manager.
Consultant shall provide City fifteen (15) days written notice before removing or reassigning the Project Manager from the Project.
26. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
27. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office (certified mail, return receipt requested, postage prepaid, and addressed to the following addresses) and shall be effective upon receipt thereof:
CITY
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
Attn: Douglas Krauss
Email: [email protected]
CONSULTANT
Moffat & Nichol
555 Anton Blvd., Ste 400
Costa Mesa, CA 92626
Attn: Chris Webb
Email: [email protected]
28. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
BBK (2026) Page 14 of 16 PROFESSIONAL SERVICES AGREEMENT
29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
30. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
31. 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, Consultant 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.
32. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person (other than a bona fide employee working solely for Consultant) to solicit or secure this Agreement.
Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person (other than a bona fide employee working solely for Consultant) 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. No 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 for the term of this Agreement.
33. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
BBK (2026) Page 15 of 16 PROFESSIONAL SERVICES AGREEMENT
34. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect.
35. Time of Essence. Time is of the essence for each and every provision of this Agreement.
36. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this Agreement.
37. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
38. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties; and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
39. Entire Agreement. This Agreement (including the Exhibits) represents the entire understanding of the Parties as to those matters contained herein; and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder. 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. This is an integrated Agreement.
40. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
41. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
BBK (2026) Page 16 of 16 PROFESSIONAL SERVICES AGREEMENT
SIGNATURE PAGE
FOR
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF HERMOSA BEACH
AND
MOFFAT & NICHOL
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY OF HERMOSA BEACH
APPROVED BY:
Steve Napolitano
City Manager
ATTESTED BY:
Martha Alvarez
City Clerk
APPROVED AS TO FORM:
Jason Baltimore
Interim City Attorney
MOFFAT & NICHOL
Weixia Jin, PhD
Vice President
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^_^_
ù
ù
ù
ù
ù
ù
ù
l
l
l
O c e a n s i d e
C a r l s b a d
O c e a n s i d e
C a r l s b a d
GR AN D AV
JE FF ERSON S T
FORE ST AV
LAGUNA D R
HI GHLA ND D R
PR VI E RD
BUENA VIS TA WY
AR RO N RD
M T N VIEW D R
TUT T LE S T
O CEAN S T
PI O P ICO DR
CHRI ST IANS EN W Y
CY PR E S S AV
RATC LIFF
RD
NI KI LY NN
P L
BEECH AV
BUEN
PACIFIC
A VI STA C R
AV
I-5 R A
C ARL SBAD BL
KNOWL ES AV
ALL EY
KREMEY ER
CR
GARF IE L D S T
WASHINGTO N S T
P R IVATE
S T T E S T
BUENA PL
V I L L A G E P L A N N I N G A R E A
Buena
Vista
Lagoon
Buena
Vista
Lagoon
Carlsbad
City Beach
Hosp
Grove Park
Maxton
Brown
Park
Magee Park
0 600 1,200 300 Feet
Inundation Hazard (2.0m)
Bluff Hazard Zone (2.0m)
Flood Hazard (2.0m)
Multi-Family Residential
One Family Residential
Open Space
Transportation Corridor
Village Review
l City Parks
ù Beach Access Points
^_ Sewer Pump Station
!!! Trails
Stormdrains
Roads
Data Sources:• CoSMoS 3.0 (USGS, Feb 2016), City of Carlsbad, Moffatt & Nichol 05/12/16
Leslea Meyerhoff, M.A., AICP
Ms. Meyerhoff is a certified coastal planner and CEQA practitioner with 20+ years of professional experience representing a wide variety of public agencies including special districts throughout California. Ms. Meyerhoff has managed the development of local coastal programs, primary infrastructure projects including shoreline protection and beach restoration projects, water projects, power stations, transmission facilities, roadway and transportation projects, solid waste facilities projects, lagoon restoration efforts, and master planned communities. Ms. Meyerhoff has extensive experience managing numerous complex coastal projects and bringing projects to successful completion. Leslea has spent the majority of her career as a coastal planning and environmental consultant and also served as a legislative aide for state and local officials on land use and environmental policy development. Ms. Meyerhoff places special emphasis on a commitment to consistently providing the highest level of client service and functioning as adjunct public agency staff.
PROJECT EXPERIENCE
San Clemente Local Coastal Program: Ms. Meyerhoff serves as the Contract Coastal Administrator responsible for managing the federal beach sand project placing 200,000 cubic yards of sand on City beaches. Ms. Meyerhoff is also assisting in the development of the LCP and managed the preparation of the Sea Level Rise Vulnerability Assessment and Coastal Resiliency Plan. Current efforts include the reestablishment of a shoreline monitoring program, nature-based sand retention project feasibility study, offshore borrow site investigation and a Sand Compatibility and Opportunistic Use program (SCOUP) for sediment management, offshore sand search investigation and nature based adaptation strategy planning.
Los Angeles County Department of Beaches and Harbors: Ms. Meyerhoff is the lead coastal planner collaborating with a multi-disciplinary team of coastal experts to improve long term coastal resiliency in Los Angeles County by developing plans and projects to restore sand supply and widen beaches in the region. Current projects include the development of a SCOUP program (sand compatibility and opportunistic use program), coastal project development at Malibu, Dockweiler and Redondo Beach and establishment of a Regional Coastal Strategic Adaptation Plan and coastal collaborative to promote long term regional resiliency in the greater LA County coastal zone.
City of Solana Beach Local Coastal Program: Ms. Meyerhoff was the City’s Local Coastal Program manager responsible for preparing the City’s first Local Coastal Program (LCP) Land Use Plan (LUP) in compliance with the California Coastal Act. This effort involved significant collaboration with key stakeholders including property owners, City Staff, Coastal Commission Staff and NGO’s.
Ms. Meyerhoff also managed the process to amend the LUP to incorporate fees studies for shoreline projects. Future work efforts involve the development of the LCP Local Implementation Plan (LIP) to reflect adopted and Certified LUP policies.
City of Laguna Beach, Local Coastal Program: Ms. Meyerhoff served in an adjunct planning staff capacity to assist the City in updating their Local Coastal Program. The City has a certified LCP that is in the process of being comprehensively reviewed with targeted updates to address contemporary issues of critical importance to the City including beach, bluff and shoreline erosion, ESHA, parking, and public access components.
City of Laguna Niguel Local Coastal Program: Ms. Meyerhoff assisted the City with a comprehensive update to the City’s two Certified Local Coastal Programs including the South Laguna LCP and the Aliso Creek LCP in compliance with the California Coastal Act. This effort involves significant collaboration with key stakeholders including property owners, City Staff, Coastal Commission Staff and NGO’s. The City’s two LCPs were approved by the County of Orange prior to the City of Laguna Niguel incorporation date. Our current efforts involve updating the documents to contemporary LCP standards and updating important key policies in line with current local practices.
EDUCATION
M.A. UCLA, Urban
Planning, Environmental
Analysis & Policy
B.A. CSU Sacramento,
Government and
Environmental Studies
CERTIFICATIONS /
AFFILIATIONS / AWARDS
California Shore and
Beach Preservation
Association, Board of
Directors, 2025
Best Restored Beach,
ASBPA, 2025, City of
Solana Beach Project
Manager
American Planning
Association, Orange
County Chapter, Merit
Award 2025
UCI 2025 School of
Engineering Coastal
Collaboration with City of
San Clemente
American Shore & Beach
Preservation Association,
Past Director
Orange County Register,
2024 Top 125 Most
Influential People
California Coastal
Coalition, Friend of the
Coast Award
UCLA Bruin Top 100
Small Business Owner
2023
American Institute of
Certified Planners
CERT Team 11, City of
Carlsbad
ANDY PENDOLEY | PUBLIC OUTREACH
Andy Pendoley, CEO and Founder, offers 25 years of experience as a facilitator, strategic planner, and public outreach specialist.
Andy’s passion for designing and facilitating participatory processes and developing innovative and implementable plans for organizations and communities is grounded in guiding principles of inclusivity, creativity, and practicality. Andy has applied his experience in a wide range of multi-layered, complex community planning efforts including land use, urban design, parks and recreation, mobility, economic development,
environmental health, health and human services, and more.
Andy’s experience throughout Southern California includes work in urban, suburban, and rural community types, supporting many coastal communities and agencies, including but not limited to:
City of San Diego, Port of San Diego, and the cities of Chula Vista and Imperial Beach. For the City of Hermosa Beach, Andy served as the lead for community outreach and facilitation in developing the Climate Change Adaptation and Resiliency Measures to Address Coastal Flooding in his previous role with MIG, Inc.
SELECT PROJECT EXPERIENCE:
Climate Change Adaptation and Resiliency Measures to
Address Coastal Flooding, City of Hermosa Beach. Director of Community Engagement. As part of MIG, Inc., designed and conducted community engagement activities that integrated with the technical planning process. Facilitated virtual advisory group and community meetings, and developed summary reports to document proceedings and outcomes.
Regional Decarbonization Framework, Land Use and
Environment Group, County of San Diego, Lead Facilitator. As part of employment under a different consulting firm, designed and facilitated stakeholder and community engagement across energy, transportation, building, and land use sectors. Supported development of messaging, information materials, and invitations to engage participants in the effort. Trained County staff in small group facilitation and note-taking techniques.
Community Leadership Teams—Facilitation Training, Health and Human Services Agency, County of San Diego. Lead Trainer.
Trained County staff and community residents in meeting facilitation skills and techniques, as well as communication strategies for managing difficult conversations. Expanded participants’ knowledge and confidence in facilitating productive community discussions
EDUCATION
M.A., Communication,
San Diego State University
B.A., Sociology—
Organizational Studies,
University of California,
Davis
AFFILIATIONS
Andy served as a faculty
member with the School of
Public Affairs, San Diego State
University, as Lecturer in the
undergraduate Methods of
Analysis in Planning course
(2017-2024). His professional
affiliations and memberships
include the following:
International
Association for Public
Participation
American Planning
Association
Urban Land Institute
Amplified Impact
Partners
Lambda Alpha
International
Matthew James, M.S. | Adaptation Planning
Matt has been working on restoration of wetlands and uplands in coastal southern California since 1993. In over 25 years in this field, Matt has been involved in virtually all aspects of restoration in a wide variety of settings. His early experience was in an academic setting, where he designed and conducted grant-funded research-based Adaptive Restoration projects at Tijuana Estuary, Sweetwater Marsh and throughout UCSB’s Natural Areas. Matt co-taught a restoration ecology class for several years at UCSB as well. In 2005, Matt partnered with David Hubbard and formed CRC, and since then has prepared over 20 restoration plans and helped coordinate the implementation of over 50 acres of grant-funded habitat restoration. Matt’s more recent focus has been on planning sustainable and resilient large-scale habitat restoration projects, designing and implementing Adaptive Restoration projects, and using nature-based solutions to increase the resilience of coastal communities and habitats as sea level rises and climate changes.
Education: 1998 - M.S. in Biology - Ecology San Diego State University 1994 - B.S. in Biology University of California, Irvine Principal/Co-Owner, Coastal Restoration Consultants. 2005 – Present Some projects Matt has led or played a substantial role in:
Santa Barbara Waterfront Resiliency Study. 2025 Present. (Client: City of Santa Barbara) Zuma Beach Dune Restoration. 2025 Present. (Client: LA County Beaches and Harbors) LA County Beaches Resilience Study. 2024 – 2025. (Client: LA County Beaches and Harbors) San Clemente Nature Based Solutions Feasibility Study. 2022 – Present. (Client: City of San Clemente) Carpinteria Dune and Shoreline Management Plan. 2020 – 2022. (Client: City of Carpinteria) Using Green Engineering to Restore Dunes at Border Field State Park. 2018 – 2023. (Client: Sea Grant and California State Parks)
Surfers Point Managed Retreat and Dune Restoration, Phase II. 2019 – 2024. (Client: The City of San Buenaventura) Manhattan Beach Living Shoreline. 2019 – 2020. (Client: The Bay Foundation) Understanding Risk – Coastal Assessment of Eight Towns. 2019 – 2022. (Client: Jamaica Coastal Investment Fund) Other Work Experience:
Senior Museum Scientist, Campus Lagoon Manager, UCSB Museum of Systematics and Ecology. 2002-2005 Research Associate, UCSB Marine Science Institute. 2004-2005 Lecturer, UCSB, Department of Ecology, Evolution, and Marine Biology. 2004-2005 Museum Scientist, UCSB Museum of Systematics and Ecology. 2001-2002 Research Associate, Pacific Estuarine Research Laboratory. 1998-1999 Graduate Research Assistant, Pacific Estuarine Research Laboratory. 1996-1998 Other Professional Activities:
Society for Ecological Restoration – California (SERCAL) President 2012-13, Director, 2008-11 Program Chair – SERCAL Annual Conference in Santa Barbara, CA 2013 Served on the SCWRP Task Forces for Santa Barbara and Ventura Counties, 2001-2010 Served on research and restoration committees at Tijuana Estuary. 1997-1998 National Estuarine Research Reserve Fellow at Tijuana Estuary. 1997-1998 Matt is a certified wetland delineator and has advanced training in soil science
RFP 26-002 City of Hermosa Beach
7.2 Required Forms
7.2.1 Certification of Proposal
RFP #: _________
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP).
1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.
3. Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal
6. The proposal shall be valid for 90 days from the date of submittal.
7. Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued:
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal.
RFP 26-002 City of Hermosa Beach
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
RFP 26-002 City of Hermosa Beach
7.2.2 Non-Collusion Affidavit
RFP #: _________
The undersigned declares states and certifies that:
1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.
2. This proposal is genuine and not collusive or sham.
3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP.
4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract.
5. All statements contained in the Proposal and related documents are true.
6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal.
7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this proposal.
8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
RFP 26-002 City of Hermosa Beach
7.2.3 Compliance with Insurance Requirements
RFP #: _________
The selected consultant will be expected to comply with the City s insurance requirements contained within this RFP.
The undersigned declares states and certifies that:
1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal.
2. If selected, proposer agrees to accept all conditions and requirements as contained therein.
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
RFP 26-002 City of Hermosa Beach
7.2.4 Acknowledgement of Professional Services Agreement RFP #: _________
The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement.
1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement.
2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:
- Section 3 Professional Practices: Request to replace the term “warrants” with “represents” in the third line.
- Section 12 Conflicts of Interest: Request to strike “maintain a duty of loyalty and a fiduciary duty to the City” and replace it with “refrain from taking any action or enter into any other contractual obligation which could create a conflict of interest under this Agreement;”
- Section 15 Insurance, Sub Section e.: Request to amend the Professional Liability clause as follows: “At all times during the performance of the work under this Agreement, the Consultant 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 endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against negligent acts, errors, or omissions of the Consultant. “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 and must include a provision establishing the insurer's duty to defend the policy holder.”
- Section 15 Insurance, Sub Section g, line (ii).: Request to add “except for Professional Liability insurance” at the end of the sentence.
- Section 16 Indemnification: Request to strike “in any manner arising out of, pertaining to, or incident to any alleged” and replace with “to the extent caused by the negligent”, and add “reasonable” before attorneys’ fees in line 11 of the paragraph. - Section 20 Termination or Abandonment: Strike “prior to” and replace with “up to and including the date of” in line 7 of the paragraph
- Section 21 Responsibility of Errors: Request to strike “sole” and replace with “reasonable” in line 7 of the paragraph.
- Section 24 Ownership of Documents and Confidential Information, Sub Section a.:
Request to add “Consultant shall not be held liable for any modification or re-use by the City of delivered Work Product for purposes outside this Agreement (or outside the original intent of the Work Product). Consultant shall retain the right to use pre-existing materials or data which may have been included in the Consultant Work Product, on other projects.” at the end of the sub section.
- Section 35 Time of Essence: Request to add “subject, however, to exercise of the standard of care in the performance of services.” at the end of the sentence.
ACKNOWLEDGEMENT OF ADDENDUM No. 1
VULNERABILITY ASSESSMENT AND SEA LEVEL RISE ADAPTATION PLAN (RFP 26-002) Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your bid. Failure to do so may result in disqualification of your firm’s bid.
The undersigned acknowledges receipt of Addendum No. 1 dated March 16, 2026.
ATTEST: _____________________________________
Principal: _____________________________________
Address: _____________________________________
By: _____________________________________
Title: _____________________________________
1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity
HERMOSA BEACH
AWARD OF CONTRACT TO MOFFAT &
NICHOL FOR PREPARATION OF A
VULNERABILITY ASSESSMENT AND SEA
LEVEL RISE ADAPTATION PLAN
BACKGROUND
• Senate Bill 1 (2021) directed State to provide
funds to local governments to develop sea
level rise (SLR) adaptation plans and implement
projects
• Senate Bill 272 (2023) requires local
governments to develop SLR plans
• Staff applied to the Ocean Protection Council
and was awarded $583,307 in grant funds to
accomplish this
BACKGROUND
• Staff developed a Request for Proposals and
advertised it on February 26, 2026 with a
submittal date of March 26
• Proposals were received from the following
firms:
- Blue Strike
- Michael Baker
- Moffat & Nichols
- Somos
DISCUSSION
• Proposals were evaluated by staff based on
Approach and Methods (35%)
Relevant Experience and Expertise (45%)
Cost and Administration (20%)
• Moffat and Nichols were chosen based on
their familiarity with Hermosa Beach and
experience with similar projects in the region
DISCUSSION
• The proposed cost of $ 473,875 will be funded with
the grant funds. The balance will go towards staff
costs and other project costs
• Consultant will begin work immediately with plan
development estimated to take approximately 2-3
years
• Work will involve analysis of conditions and
historical data, stakeholder meetings, community
outreach, and support of City’s Local Coastal Plan
development
QUESTIONS
City of Hermosa Beach | Page 1 of 8
Meeting Date: May 26, 2026
Staff Report No. 26-PW-025
Honorable Mayor and Members of the Hermosa Beach City Council
AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PROJECT ANALYSIS AND OTHER
ENVIRONMENTAL SERVICES FOR THE CITY YARD PROJECT
(Public Works Director Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1. Award a contract for City Yard CEQA and environmental services to Roux Associates, Inc. (Roux) at a not-to-exceed amount of $498,800 (Attachment 3);
2. Authorize the City Manager to establish a project contingency amount of $75,000 and to approve amendments to the agreement up to the amount of the approved project contingency; and
3. Authorize the City Manager to execute the agreement, approve minor modifications, if necessary, with the City Clerk attesting the agreement, subject to approval by the City Attorney.
Executive Summary:
The Fiscal Year 2025-2026 Capital Improvement Program (CIP) includes CIP 615 New Corporate Yard Facilities to fully renovate the City Yard facility at 555 6th Street. The existing facility is outdated and in poor condition with growing urgency for repair and renovation to ensure continued use and efficient delivery service.
At its September 9, 2025, meeting, City Council directed staff to advance the necessary environmental assessments for the City Yard Project. Numerous environmental studies and tests have been completed at the City Yard property as part of prior projects to replace the City Yard, including, but not limited to a 2014 Final Environmental Impact Study (FEIR). However, many of the studies and regulatory approvals have expired and need to be updated to the current CEQA Guidelines, applicable local, state, coastal regulatory standards, and best practice for the City Yard Replacement Project. Updated environmental testing and assessments will also be necessary to further refine the cost estimate for the overall project including identification of abatement, remediation, and construction period monitoring requirements. Following a competitive Request for Proposal (RFP) process, staff recommends the City Council award a Professional Services Agreement to Roux Associates, Inc. at a not-to-exceed amount of $498,800 covering pre-construction services.
City of Hermosa Beach | Page 2 of 8
Background:
The Fiscal Year 2025-2026 Capital Improvement Program (CIP) includes CIP 615 New Corporate Yard Facilities intended to fully renovate the City Yard facility at 555 6th Street.
Currently, the City Yard consists of two maintenance buildings, an office trailer, several storage containers, a vehicle washout area, an animal control storage building, and a construction materials storage area. The existing facility is outdated and in poor condition with a growing urgency for repair and renovation to ensure continued use and efficient service delivery.
During the 2023 and 2024 CIP Study Sessions, Council indicated a desire for staff to evaluate the potential for the project to proceed through an alternative delivery model (i.e., design-build versus the progressive design-bid-build method) with the goal of retaining a contractor-designer team through a qualifications-based selection, potential risk transfer, and reducing overall cost and schedule uncertainty.
Staff presented a brief presentation comparing both options to City Council during the May 13, 2025, CIP Study Session meeting for initial consideration. At that meeting, Council directed staff to seek additional input from the Public Works Commission on the preferred project delivery method and then return to City Council.
At its July 16, 2025, meeting, staff provided a presentation to the Public Works Commission (Commission) comparing the two proposed project delivery methods and the necessary steps to advance the project under either method, including the importance of retaining owner’s representative (OR) services. Commission passed a motion recommending the City Council consider proceeding with the design-bid-build (DBB) method for the City Yard Project, citing concerns about potential unknowns in the guaranteed maximum price (GMP) at time of contract award and process constraints for design development and review.
In reviewing the concerns highlighted by the Public Works Commission, staff reevaluated the necessary steps to advance the project and determined that a decision on project delivery method was not yet required and there were other critical path items necessary to advance the project, under either method, including retaining the services of an experienced OR, advancing the project programming, updated environmental assessments, consideration of temporary relocation of existing operations off-site (e.g., storage facility site), and continued evaluation of financing options which will need to be in place before the project can continue.
Staff presented the project delivery plan to City Council at its September 9, 2025, meeting, where City Council directed staff to advance with the issuance of the Request for Qualifications (RFQ) for OR services for the City Yard as well as direction to proceed with the project programming and environmental assessments.
City of Hermosa Beach | Page 3 of 8
At its January 13, 2026, meeting, City Council awarded a Professional Services Agreement to Cumming Management Group, Inc. (Cumming) for OR services. OR services are intended to include all phases of the project from pre-design through construction completion and closeout; however, the current scope of work covers only preconstruction services. Construction period services will be considered at a later date and subject to City Council approval at that time.
In March 2026, staff, with support from the OR, selected one of the City’s on-call architectural firms (IDS Group) to provide architectural programming services. The selection followed review of proposals from the City’s on-call architects, two rounds of interviews, and fee negotiations. Staff held a project kick-off meeting with the programming architect on April 6, 2026, and the architect has begun detailed site observations, land survey, and preliminary programming efforts.
On May 5, 2026, the Park and Recreation and Public Works Commissions held a Joint Meeting to discuss the FY 26-27 CIP. The Commissions approved staff’s recommendation for the CIP that continues to prioritize the City Yard project among other high priority projects.
Past Board, Commission, and Council Actions
Meeting Date Description
City Council:
May 13, 2025
City Council made a motion directing staff to seek additional input from the Public Works Commission and City Council on the preferred project delivery method.
Public Works
Commission:
July 16, 2025
Public Works Commission reviewed delivery options and made a motion recommending City Council to proceed with the
traditional design-bid-build procurement method for the City Yard Project.
City Council:
September 9, 2025
City Council directed staff to proceed with issuing the Request for Qualifications for Owner’s Representative services for the City Yard Project; advance the environmental assessment; and commence project programming phases of the project.
City Council:
January 13, 2026
City Council awarded a Professional Services Agreement to Cumming Management Group, Inc. for Owner’s Representative services at not-to-exceed amount of $565,000, and a term of four years ending January 13, 2030.
Joint Park and
Public Works
Commissions:
May 5, 2026
The Commissions approved staff’s recommendations for the FY 26-27 CIP, which included giving priority to the City Yard project among other high priority projects.
City of Hermosa Beach | Page 4 of 8
Discussion:
Following the award of the Professional Services Agreement for OR staff worked closely with Cumming in preparation of the Request for Proposal (RFP) 26-003 (Attachment 1) for environmental assessment services for the City Yard Project.
On February 19, 2026, the RFP was advertised for a period of five weeks using online bidding platform, PlanetBids. Six proposals were received on Monday, March 16, 2026, and are listed below in alphabetical order:
1. Aspen Environmental Group
2. Chambers Group, Inc.
3. Eyestone Environmental
4. PlaceWorks
5. Roux Associates, Inc.
6. UltraSystem Environmental, Inc.
The proposals were independently evaluated in detail by a staff review panel and scored based on the following weighted criteria:
Approach and Methods (40 percent)
o Consultant provided a well thought-out and tailored approach to the technical work that responds to the City’s particular issues and needs. o Consultant incorporated innovate and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities.
o Consultant provided evidence of the team’s ability to work collaboratively with other members of a multi-disciplinary team in a complex and dynamic working environment.
o Consultant demonstrated the team’s commitment to accurate and superior work products and services as detailed in the project management project management plan.
Relevant Experience & Expertise (40 percent)
o Consultant demonstrated recent experience preparing similar projects or providing similar services for jurisdictions.
o Consultant demonstrated familiarity and experience with applicable industry standards and any relevant federal, state, or local regulatory requirements. o Consultant demonstrated the depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project.
o Consultant dedicated a strong project manager that will serve as a single point of contact for the duration of the project
o Consultant demonstrated the team’s experience and ability to clearly communicate technical concepts and terminology with the community.
City of Hermosa Beach | Page 5 of 8
Administration (20 percent)
o Display of responsive timeframe to assign tasks.
o Evidence of the team’s ability to successfully deliver project tasks and deliverables within the identified project budget and minimized cost overruns.
o Billing rates and ability to comply with billing requirements. o The extent and nature of any proposed amendments to the City’s Professional Services Agreement.
The evaluation sought out firms with experience in providing California Environmental Quality Act (CEQA) project analysis and other environmental assessment services on similar projects for other public sector clients with a proven, responsible, and responsive contract manager to ensure timely execution of all work related to the City Yard project.
Based on a comprehensive review, staff recommends awarding a contract for CEQA and other environmental services for the City Yard to the second ranked firm, Roux Associates, Inc. (Roux) (Attachment 2). Firms were ranked according to the weighted selection criteria described above. The rankings are as follows:
Ranking Company
1 Aspen Environmental Group
2 Roux Associates, Inc.
3 PlaceWorks
4 UltraSystems Environmental, Inc.
5 Eyestone Environmental
6 Chambers Group, Inc.
Following the scoring of technical proposals and in-person interviews with the top two ranked and shortlisted firms, Aspen Environmental Group (Aspen) and Roux, the City entered into negotiations with Aspen. Shortly after negotiations began, Aspen requested in writing to be withdrawn from consideration due to an inability to provide an accurate scope of work and appropriate fee for the project. The City engaged the second-ranked firm for the project, Roux. Roux exhibited the greatest understanding of the City’s needs and demonstrated the strongest ability to provide an experienced project manager, who is familiar and experienced with applicable industry standards and any relevant federal, state, or local regulatory requirements, and with experienced supporting staff as needed to advance the project. Roux also had strong professional references and has provided similar services for numerous public agencies including Orange County Public Works, Los Angeles Community College District, Los Angeles County Public Works, City of Burbank Department of Water and Power, City of Whittier, City of Los Angeles Department of Recreation and Parks, and other municipal, county, state, and federal entities. The designated project manager brings direct expertise with over 30 years of experience
City of Hermosa Beach | Page 6 of 8
managing and preparing CEQA and NEPA documents for complex public infrastructure and development projects including the Helen Keller Park Remediation Project, Keller Yard Layover Facility Project, and the Laguna Beach Water Tank Ravine Burn Site Remediation which demonstrates the familiarity with hazardous materials cleanups sites, maintenance yar facility requirements, and projects in a coastal setting with high community expectations.
Roux’s scope of work consists of comprehensive environmental testing and analysis; preparing high quality, legally defensible environmental documents in accordance with the current CEQA Guidelines, applicable local, state, and coastal regulatory standards, and best practices; project management, and public outreach. The environmental documents will include updated technical studies and documentation, as well as hazardous materials evaluation. The CEQA document is anticipated to be completed in four to six months. Depending on City Council’s direction following CEQA completion, Roux can continue the remaining contract term to perform the remedial planning, and site monitoring necessary to support demolition, construction, cleanup implementation and regulatory coordination; the scope of work and cost for those items will need to be evaluated at that time.
If approved, Roux will commence the environmental assessment services and CEQA project analysis immediately upon contract execution with a not-to-exceed limit of $498,800 which covers only pre-construction services. If necessary, the City Manager will issue amendments to the agreement up to the amount of approved project contingency of $75,000 to account for unknowns that may be discovered in the filed or new studies or tests that may be required by the Authority Having Jurisdiction (AHJ) over the remediation and reuse of the project site. Services would be performed on a time and materials basis with a not-to-exceed limit. The scope of their services is extensive and was developed from studies and reports performed onsite by previous consultants and mandated by the Corrective Action Plan from Los Angeles County Fire Department Site Mitigation Unit (2020). Roux’s tasks include:
1. Technical studies required for CEQA documentation
2. Draft and final CEQA documents
3. Public outreach
4. Project management
5. Hazardous materials studies updated for new regulation and screening levels
6. Human Health Risk Assessment (HHRA) updated to account for new regulations and screening levels since the previous HHRA was completed in 2018
7. Corrective Action Plan (CAP) updated to account for new regulations and screening levels since the previous CAP was completed in 2019
8. Health and Safety Plan (HASP)
City of Hermosa Beach | Page 7 of 8
9. Shallow soil sample locations at a 50 ft x 50 ft grid to test for metals, pH, total petroleum hydrocarbons (TPH), and semi-volatile organic compounds (including PAHs) and polychlorinated biphenyls (PCBs)
10.Groundwater monitoring including installation of at least three perimeter groundwater monitoring wells and at least four (quarterly/semi-annual) groundwater sampling events
11.Soil Management Plan (SMP)
12.Soil vapor surveying beneath the proposed future buildings and in the vicinity of the landfill area
13.Geotechnical investigations and recommendations for the proposed building
14.Hazardous materials removal monitoring and soils remediation monitoring during construction
15.Prepare hydrology analysis water quality management plan The scope of work is limited to pre-construction services; additional services during construction will be revisited at a later time once the scope of the overall project is further defined.
Options for Council Consideration:
Option 1: Approve Contract (Recommended)
Proceed with environmental assessment
Continue with on-going architectural programming
Improve public and employee safety
Establish estimated cost for replacement of existing facility and abatement/remediation
Cost control through urgent repairs
Option 2: Do Not Approve Contract
Architectural programming effort will not continue
Loss of significant staff time to research and prepare RFP and advance selection process
Continued delays replacing outdated facility
Potential safety risks
Growing urgency for repair and renovation
More administrative burden for repair and maintenance procurements Higher future replacement cost if deferred further
Fiscal Impact:
City of Hermosa Beach | Page 8 of 8
Currently, CIP 615 New Corporate Yard Facilities is budgeted for $1,889,278. There is sufficient funds available for the environmental assessment services in the CIP Project Budget. No additional appropriation is required.
Agreement Request
Agreement Request Amount FY 2025-26 Budget
Dept. Account #
Total Contract
Amount
Roux Associates, Inc. $ 498,800
301-8615-4201
$ 498,800
Project Contingency $ 75,000 $ 75,000
Total: $ 573,800 $ 573,800
Attachments:
1. RFP 26-003 City Yard Project Environmental Assessment Services
2. Roux Associates, Inc. Proposal
3. Proposed Professional Services Agreement with Roux Associates, Inc.
Respectfully Submitted by: Randy Nguyen, Senior Engineer Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Henry Chao, Finance Manager
Reviewed by: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager
REQUEST FOR PROPOSALS (RFP) NO. 26-003
CALIFORNIA ENVIRONMENTAL QUALITY CONTROL ACT (CEQA) PROJECT ANALYSIS AND
OTHER ENVIRONMENTAL SERVICES FOR THE
CITY YARD REPLACEMENT PROJECT
IN THE CITY OF HERMOSA BEACH, CALIFORNIA
CITY OF HERMOSA BEACH
Department of Public Works
1315 Valley Drive
Hermosa Beach, CA 90254
(310) 318-0210
RFP 26-003 City of Hermosa Beach
RFP NUMBER: RFP# 26-003
RFP TITLE: CALIFORNIA ENVIRONMENTAL QUALITY CONTROL ACT (CEQA)
PROJECT ANALYSIS AND OTHER ENVIRONMENTAL SERVICES FOR THE
CITY YARD REPLACEMENT PROJECT
REQUESTING DEPARTMENT: Public Works – Engineering Division RELEASE DATE: February 19, 2026
DUE DATE: March 16, 2026 @ 3:00 p.m. PST
Notice is hereby given that the Department of Public Works of the City of Hermosa Beach will receive proposals for:
RFP# 26-003, CALIFORNIA ENVIRONMENTAL QUALITY CONTROL ACT (CEQA) PROJECT
ANALYSIS AND OTHER ENVIRONMENTAL SERVICES FOR THE CITY YARD REPLACEMENT
PROJECT
Proposals must be submitted as PDF via the PlanetBids Portal (pbsystem.planetbids.com/portal/51313/portal-home). Proposals will be received until 3:00 p.m. PST, March 16, 2026.
Proposals will not be opened at that time but will be submitted to the Public Works Department for verification and compliance with Specifications and subsequent recommendation to City Council for award of a contract or rejection of the responses, as deemed appropriate. The City reserves the right to make no award.
All questions regarding the content of the proposal may be submitted on the PlanetBids Portal. Please direct any other inquiries to Joe SanClemente, Public Works Director, at [email protected].
www.hermosabeach.gov
CITY OF HERMOSA BEACH
1315 Valley Drive, Hermosa Beach, CA, 90254
Phone: (310) 318-0210
RFP 26-003 City of Hermosa Beach
Table of Contents
1 Introduction............................................................................................................................4
1.1 Invitation for Proposals....................................................................................................4
1.2 RFP Timeline .....................................................................................................................4
1.3 Submittal Procedures ......................................................................................................5
1.4 Protest Procedures...........................................................................................................5
1.5 Contact ............................................................................................................................6
1.6 General RFP Conditions ..................................................................................................6
2. Project Overview ................................................................................................................11
2.1 City Location and Characteristics................................................................................11 Figure 1. Project Area.........................................................................................................11
2.2 Objective and Goals.....................................................................................................12
2.3 Previous Reports ............................................................................................................12
3. Scope of Services ...............................................................................................................19
4. Proposal Submittal Instructions ..........................................................................................22
4.1 Proposal Format.............................................................................................................22
4.2 Proposal Content...........................................................................................................22
4.2.1 Cover Letter ............................................................................................................22
4.2.2 Firm Profile ...............................................................................................................22
4.2.3 Project Understanding and Approach to Scope of Work...................................23
4.2.4 Project Management Plan ....................................................................................20
4.2.5 Experience and Qualifications ..............................................................................21
4.2.6 Required Forms .......................................................................................................22
4.2.7 Cost Proposal ..........................................................................................................23
5. Proposal Evaluation and Selection....................................................................................23
5.1 Proposal Review Process ..............................................................................................23
5.2 Evaluation Critera..........................................................................................................24
6. Contract Expectations........................................................................................................29
6.1 Contract Period .............................................................................................................30
6.2 Professional Services Agreement.................................................................................30
6.3 Standards of Work .........................................................................................................30
6.4 Invoicing and Payment.................................................................................................30
7. Attachments and Required Forms.....................................................................................31
7.1 Sample Professional Services Agreement...................................................................31
7.2 Required Forms..............................................................................................................52
7.2.1 Certification of Proposal.........................................................................................52
7.2.2 Non-Collusion Affidavit...........................................................................................54
7.2.3 Compliance with Insurance Requirements..........................................................55
7.2.4 Acknowledgement of Professional Services Agreement....................................56
RFP 26-003 City of Hermosa Beach
1 Introduction
1.1 Invitation for Proposals
The City of Hermosa Beach, Public Works Department is seeking proposals from qualified individuals or firms (“Consultant”) to provide California Environmental Quality Control Act (CEQA) Project Analysis and other Environmental Services for the Public Works Department. Consultants must have the expertise, experience, and demonstrate resources available to perform the work described in this request for proposals (RFP).
Should an award be made, the selected Consultant(s) will enter into a professional services agreement with the City of Hermosa Beach to provide these services. The City anticipates a contract start date in April 2026.
1.2 Project Timeline
RFP posted February 19, 2026
Deadline to submit written questions March 3, 2026
Posting of responses to questions March 5, 2026
Deadline to submit proposals March 16 @ 3 PM PST
Interviews for selected firms if the City
wishes to do so
TBD ~ Week of March 23rd
Tentative award
Issuing of Notice to Proceed
Final environmental document complete
City Council adoption of environmental
document
April 14, 2026
Summer 2026
TBD
RFP 26-003 City of Hermosa Beach
1.3 Submittal Procedures
Proposes shall submit one copy of the proposal and one copy of the fee schedule in PDF format on the PlanetBids Portal.
No proposals will be accepted after the listed date and time. The format, content, and procedures for submitting a proposal are provided in further detail within the RFP. (Check Section 4 for complete submittal procedures)
1.4 Protest Procedures
Proposers may file a “protest” of a proposal/statement of qualification with the City’s City Manager. In order for a Proposer’s protest to be considered valid, the protest must:
A. Be filed in writing within five (5) calendar days after submittal deadline, or where the Protest relates solely to events occurring thereafter, within five (5) calendar days after the event or occurrence giving rise to the protest; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested;
D. Specify in detail the grounds for protest and the facts supporting the protest; E. Include all relevant supporting documentation with the protest at time of filing; and
F. Be transmitted concurrently to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Proposers or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
If the protest does not comply with each of these requirements, the City may reject the protest with or without further review.
If the protest is timely and complies with the above requirements, the City Manager, or other designated City staff member, shall review the protest, any response from the challenged Proposer(s), and all other relevant information, and will provide a written decision to the protestor.
This administrative procedure and the time limits set forth herein are mandatory. Failure to comply with these mandatory procedures shall constitute a waiver of any right to pursue the protest, including filing a Government Code claim or any legal proceedings or actions.
RFP 26-003 City of Hermosa Beach
1.5 Contact
All questions regarding the content of the proposal must be submitted on the PlanetBids Portal. Responses to all questions will be posted on the PlanetBids Portal. Please direct any other inquiries regarding this RFP to Joe SanClemente, Public Works Director, at [email protected].
1.6 General RFP Conditions
The following instructions and conditions apply to this RFP:
Pre-Contractual Expenses
The City of Hermosa Beach shall not, in any event, be liable for any pre-contractual expenses incurred by any consultant. In addition, no consultant shall include any such expenses as part of the price proposed. Pre-contractual expenses are defined as expenses incurred by bidders in:
• Preparing a proposal in response to this RFP.
• Submitting that proposal to the City of Hermosa Beach. • Negotiating with the City of Hermosa Beach any matter related to this RFP, proposal, and/or contractual agreement.
• Any other expenses incurred by the consultant prior to the date of an executed contract.
Authority to Withdraw RFP and/or Not Award Contract
The City of Hermosa Beach reserves the right to withdraw this RFP at any time for any reason without prior notice. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP. The City expressly reserves the right to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s).
The release of this RFP does not obligate or compel the City to enter into a contract or agreement.
Authority to Revise RFP and Request Additional Information The City reserves the rights to amend the RFP at any time, to determine the successful respondent(s), and to reject any or all Proposals or their components. Should it be necessary for the City to issue addendums to this RFP during the proposal period, the City will post addendums to the PlanetBids Portal. It is the responsibility of all prospective proposers to check PlanetBids regularly to see whether any addenda or supplemental
RFP 26-003 City of Hermosa Beach
materials have been issued. Proposals shall acknowledge that the consultant is aware of all addendums which have been issued and has incorporated their provisions in their proposal by completing the Certification of Proposal Form.
The City reserves the right to request additional information or clarifications from consultants where it may serve the City’s best interest.
Other Conditions
• ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm(s), the Scope of Work may be modified and refined during negotiations with the City. Any proposer that provides additional services can include those services in the proposal and list them as additional services.
• AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the consultant to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a consultant shall provide a current power of attorney certifying the agent’s authority to bind the consultant.
• AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected consultant, if any. Award may be made to the consultant offering the most advantageous proposal after consideration of all criteria. • COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto.
• CONFLICT OF INTEREST. By signing the Certification of Proposal, the consultant declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Qualifications, consultant declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
• DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the consultants, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any consultant is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a consultant is interested. Consultants shall submit as part of their Proposal documents the completed Non-Collusion Affidavit.
RFP 26-003 City of Hermosa Beach
• EXAMINATION OF DOCUMENTS. It is the responsibility of the consultant to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addendums (if any).
Consultants shall satisfy themselves as to the character, quantity, and quality of work to be performed and materials, labor, supervision necessary to perform the work as specified by these documents. The failure or neglect of the consultant to examine documents shall in no way relieve the consultant from any obligations with respect to the solicitation for and subsequent contract that may be awarded.
The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the consultant has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a consultant to receive or examine any of the documents shall in no way relieve the consultant from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document. • INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of this RFP documents, or finds discrepancies or omissions in the document, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City.
Proposers shall submit all questions in writing to the contact listed in the announcement or submitted on the PlanetBids Portal. Proposers may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each consultant to ensure the City has their correct business name, mailing address and e-mail address on file through the PlanetBids online portal. Any prospective consultants who obtained a set of RFP documents from the PlanetBids online portal are responsible for checking PlanetBids to verify if any subsequent Addendums were issued.
• IRREGULARITIES. City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Manager. • NON-DISCRIMINATION. Consultant represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age or medical condition.
RFP 26-003 City of Hermosa Beach
• NON-EXCLUSIVE. Should the City make an award, the successful consultant will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms.
• OFFERS OF MORE THAN ONE PRICE. Consultants are NOT allowed to submit more than one cost proposal.
• OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission. All documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq.
Proposals should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All information contained within the proposals will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within its bid proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. • PROFESSIONAL SERVICES AGREEMENT. Prior to awarding any work, the selected Consultant will be required to execute a professional services agreement (sample attached) with the City. Any proposed change to the agreement shall be identified in the response to the Request for Qualifications (RFP) and shall be subject to the sole approval of the City. The City requires the Consultant to obtain and maintain a policy of professional liability and other insurance as indicated in the agreement.
• NO PUBLIC OPENING/PUBLIC RECORDS ACT. Proposals shall be opened and their contents secured by City staff to prevent disclosure during the evaluation process and the process of negotiating with competing consultants. Adequate precautions shall be taken to treat each consultant fairly and to ensure that information gleaned from competing proposals is not disclosed to other Consultants. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authority. • PUBLIC RECORD. All proposals submitted in response to this RFP will become the property of the City upon submittal and a matter of public record when the City selects a proposer for recommendation to the City Council for its consideration pursuant to applicable law.
• REPRESENTATIONS. Consultant understands and acknowledges that the representations made in their submitted proposal are material and important and will be relied on by the City in evaluation of the proposal. Consultant misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.
• SEVERABILITY. If any provisions or portion of any provision, of this Request for Qualifications are held invalid, illegal or unenforceable, they shall be severed from
RFP 26-003 City of Hermosa Beach
the Request for Qualifications and the remaining provisions shall be valid and enforceable.
• SUBCONTRACTOR INFORMATION. If the proposal includes the use of subconsultants, consultant must identify specific subconsultants and the specific requirements of this RFP for which each proposed subconsultant would perform services. All subconsultants for work services must follow all required provisions of the prime contract.
• VALIDITY. Proposal must be valid for a period of 90 days from the due date. • WITHDRAWAL OF PROPOSAL. Consultants’ authorized representative may withdraw Proposals only by written request received by this RFP contact personnel before the Proposal Submittal Deadline.
• BUSINESS LICENSE. The selected firm(s) must obtain a City of Hermosa Beach Business license and maintain a current certificate of insurance with the City for the duration of the Professional Service Agreement.
RFP 26-003 City of Hermosa Beach
2. Project Overview
2.1 City Location and Characteristics
The City of Hermosa Beach is located within the southwestern coastal portion of Los Angeles County in what is commonly referred to locally as the “South Bay” area. The City is bounded on the north by the City of Manhattan Beach, on the south by the City of Redondo Beach, on the east by the City of Redondo Beach and the City of Manhattan Beach, and on the west by the Pacific Ocean. The City limits for Hermosa Beach encompass a relatively small land area, approximately 1.4 square miles. Hermosa Beach is thriving, and engaged community, with some 20,000 residents and naturally draws a high number of visitors to its beaches and downtown.
Governed by a five-member City Council with members elected at large, Hermosa Beach operates under the council/city manager form of government as a general law city. Like the community, the Council is informed, educated, and engaged. The programs and services provided by the City are accomplished through seven City departments: Administrative Services, City Clerk, City Manager, Community Development, Parks and Recreation, Police, and Public Works.
Figure 1. Project Area
RFP 26-003 City of Hermosa Beach
2.2 Objective and Goals
The City of Hermosa Beach is seeking proposals from qualified firms to serve as the City’s technical team for the preparation of a legally defensible environmental review for the City Yard replacement project, located at 555 6th Street, Hermosa Beach CA 90254 (APN 4187-031-900). The selected team will also provide various environmental and hazardous materials consulting services to obtain regulatory approvals to remediate the site.
Project Background
The City of Hermosa Beach’s current City Maintenance Yard consists of two maintenance buildings, an office trailer, several equipment storage containers, a vehicle washout area, and a construction materials storage area. The City plans to replace the existing City Yard with a new Maintenance Facility on the same site that consolidates two other City-owned maintenance/storage sheds onto the project site. The City is also preliminarily considering consolidating other administrative City offices at this location, but the City has not yet made a final determination on the entire project scope. The City may consider temporarily locating these maintenance services on other City-owned property, including at 552 11th Place, Hermosa Beach, CA 90254, while the project is under construction.
Figure 2. 552 11th Place
2.3 Previous Reports
Proposers should review and consider the work already completed at the Project site for previously considered projects. Some, if not all, of these reports should be referenced in future deliverables. The City does not desire to duplicate the extensive efforts of previous consultants. The goal for this project is to supplement existing data where needed to complete the scope of services referenced in Section 3.
RFP 26-003 City of Hermosa Beach
Exhibit 1: Tank Closure Report for 555 6th Street, Hermosa Beach (GeoResearch 1989) Two 550 gallon USTs were removed from the site in January 1988. The closure report notes that the tanks were used to store gasoline; however, other County public works files note that the tanks contained either fuel, thinner, or paint wastewater. The closure report figures show that the tanks were located approximately 35-40 feet west and 10-15 feet north of the corner of Valley Drive and 6th Street. This places the former tanks beneath the southern-most portion of the older site building; although the closure report figures do not show this building.
Five 40-foot-deep soil borings were advanced; three of the borings were in the vicinity of the former tanks. Samples from 5, 10, 15, 20, 30, and 40 feet below ground surface (bgs) were analyzed for total petroleum hydrocarbons (TPH); no TPH was detected in the soil samples.
Exhibit 2: Phase I ESA (Entrix 1994) – Report Not Available The report noted the site operations including a maintenance building, drum storage area, vehicle washout area, asphalt batching area, an oil well, and two UST areas. Soil vapor sampling was conducted in the vicinity of the USTs and no significant release from the USTs was identified.
Exhibit 3: Subsurface Investigation (Entrix 1995)
Soil samples were collected in the vicinity of the maintenance building (grounds keeping, paint room, petroleum, and drum storage areas), the former City dump, the vehicle washout/UST area, the asphalt batching area, and the former oil production area. The soil samples were collected from depths up to 46 feet bgs and analyzed for TPH and volatile organic compounds (VOCs). Select samples were also analyzed for metals and polychlorinated biphenyls (PCBs). No VOCs or PCBs were detected in the soil samples.
TPH was detected in 5 of 23 samples at concentrations of 730 milligrams per kilogram (mg/kg) to 36,000 mg/kg. The majority of the TPH detections were from the former City dump area. The highest TPH concentration was detected at 20 feet bgs. Elevated metals (cadmium and lead above regulatory screening levels) were detected in the former City dump area, with the highest concentrations detected at 15 feet bgs.
Exhibit 4: Environmental Closure Report for the Removal of USTs (Geo-Cal 1998) Two 4,000 gallon gasoline USTs and one 2,000 gallon diesel UST, along with two dispensers, were removed from the site in 1998. Two soil samples were collected under each former tank, one sample along the piping, and one sample under each former dispenser. The soil samples were analyzed for benzene, toluene, ethylbenzene, and xylenes (BTEX), methyl tert-butyl ether (MTBE), and TPH gas and diesel. With the exception of one detection of TPH diesel at 15 mg/kg, none of these compounds were detected in the soil samples at concentrations greater than the laboratory reporting limits.
RFP 26-003 City of Hermosa Beach
Exhibit 5: Report of Well Plugging and Abandonment (DOGGR 2005) In 2005, the City received a signed Report of Well Plugging and Abandonment from the Division of Oil, Gas, and Geothermal Resources (DOGGR) indicating the completion and inspection for the plugging and abandonment of well “Stinnet 1” on the 555 6th Street Site.
Exhibit 6: Geotechnical Investigation Report (Geo-Environmental 2008) The purpose of this geotechnical investigation was to provide geotechnical recommendations for the construction of a new 13,000-square foot two-story masonryblock maintenance and vehicle repair building, including office and restroom areas. The proposed construction assumed the inclusion of grading, drainage, utilities, retaining walls, and other related facilities. The scope of the report consisted of the following:
• Data review and the preparation of a subsurface exploration program, • A field investigation consisting of a site reconnaissance, the marking of boring locations, the drilling of five (5) hollow-stem auger soil borings, and the collection of drive and bulk soil samples from the borings,
• Laboratory testing of selected soil samples obtained from the soil borings, • Geotechnical engineering analysis, and
• The preparation of a geotechnical report presenting our conclusions and recommendations.
Exhibit 7: Phase I ESA, City of Hermosa Beach Maintenance Yard (Brycon 2012a) The Phase I ESA identified the City dump and maintenance areas as potential areas of concern. The Phase I ESA recommended further sampling in these areas.
Exhibit 8: Phase II ESA, City of Hermosa Beach Maintenance Yard (Brycon 2012b) Seventy-three soil samples were collected from 11 soil borings advanced to up to 44 feet bgs. All soil samples were analyzed for TPH, while the 13 samples with the highest TPH concentrations were also analyzed for VOCs. Twenty-six of the samples were also analyzed for metals and/or lead.
Elevated concentrations of diesel-range TPH (up to 10,500 mg/kg) were detected in the area of the former dump. The highest TPH concentration was detected at 25 feet bgs.
Elevated concentrations of lead (up to 9,680 mg/kg) were also detected in the area of the former dump. The highest concentration of lead was detected at 15 feet bgs.
RFP 26-003 City of Hermosa Beach
BTEX was detected in one boring in the former dump area at concentrations of 0.015 mg/kg benzene, 0.07 mg/kg ethylbenzene, and 0.015 mg/kg xylenes.
The report concluded that TPH impacts are primarily in the deeper soils of the former dump area (25 to 44 feet bgs), while metals impacts were limited to the upper 25 feet in the former dump area.
Exhibit 9: Remedial Action Plan (Brycon 2012c)
The Remedial Action Plan identifies approximately 9,000 cubic yards of lead-impacted soils and an additional 4,500 cubic yards of TPH-impacted soils. The report also evaluates potential remedial alternatives for soil remediation.
Exhibit 10: Report on Groundwater Assessment (Brycon 2013) Groundwater was encountered at the site around 50 feet bgs. Groundwater grab samples were collected from three borings advanced in the former landfill area. The samples were analyzed for TPH, metals, VOCs, pH, total dissolved solids, total suspended solids, and chlorides.
Elevated TPH diesel was detected in one of the groundwater samples (104 milligrams per liter (mg/L)). Naphthalene was also detected in the same groundwater sample (12 micrograms per liter (mg/L)). Elevated lead, arsenic, and barium (greater than the maximum contaminant level) were also detected. The report stated that the TPH concentrations were likely due to the former City dump, whereas the source of the elevated metals was unknown. The report noted that the groundwater in the vicinity of the site would not typically be used for drinking water and may not require remediation.
Exhibit 11: Data Gap Analysis (McDaniel Lambert 2013)
At the request of the City, McDaniel Lambert reviewed existing data to identify data gaps in order to ensure sufficient data exists to support future risk management decisions. Their review identified data gaps related to (1) adequate vertical (particularly shallow) and spatial soil sampling coverage, (2) adequate data to assess the full site of semivolatile organic compounds (SVOCs, including polycyclic aromatic hydrocarbons, PAHs), and (3) the absence of soil gas data. McDaniel Lambert also prepared data quality objectives (DQOs) to define the type, quality and quantity of data necessary to support future decisions.
Exhibit 12: Report of Findings, Supplemental Site Assessment Activities (Padre 2014) Soil vapor samples were collected from two locations near the northern maintenance building at depths of 5 and 15 feet bgs. Additionally, soil samples were collected from 12 locations throughout the site, at a depth of approximately 2 feet bgs.
RFP 26-003 City of Hermosa Beach
The soil vapor samples were analyzed for TPH gas and VOCs. TPH gas was detected in all the soil vapor samples at concentrations ranging from 660 to 1,600 micrograms per cubic meter (µg/m3). Several VOCs were detected at the site, including methyl ethyl ketone (up to 60 µg/m3), benzene (up to 85 µg/m3), and tetrachloroethylene (PCE; up to 620 µg/m3). The highest soil vapor concentrations were generally detected in the deeper samples.
The soil samples were analyzed for TPH, VOCs, metals, semivolatile organic compounds (SVOCs), including polycyclic aromatic hydrocarbons (PAHs), organochlorine pesticides, and polychlorinated biphenyls.
The pesticide chlordane was detected in four of the samples at concentrations up to 44 micrograms per kilogram (µg/kg). The PAHs fluoranthene (0.106 mg/kg) and pyrene (0.119 mg/kg) were the only SVOCs detected in the soil samples. Elevated lead concentrations, with soluble threshold limit concentration (STLC) lead detected above 5 mg/L, were detected in four samples. No other metals impacts were identified. While concentrations of TPH diesel and motor oil were detected, all of the detected concentrations were less than 1,000 mg/kg. No VOCs or PCBs were detected at concentrations greater than the laboratory reporting limits.
Exhibit 13: Limited Asbestos and Lead Inspections (Patriot Laboratory Services 2015) The purpose of the inspections was to determine if asbestos and lead are present in any of the building materials soon to be disturbed during future demolition.
Exhibit 14: Supplemental Site Investigation (Dudek 2018) Dudek prepared a Supplemental Site Investigation Report that included soil, soil vapor, and groundwater sampling to supplement the existing data in order to prepare a human health risk assessment and evaluate the site impacts of a proposed new City Yard development. Additionally, the SSI data was collected in order to evaluate potential impacts to groundwater from the site.
Exhibit 15: Health Risk Assessment (Environmental Health Decisions 2018) The purpose of this assessment was to evaluate the potential health risks associated with soil contact and inhalation of vapors that could migrate from soil vapor and groundwater at the Hermosa Beach City Yard project during redevelopment of the site. The maximum detected concentrations of chemicals detected in soil and soil vapor and the maximum detected concentrations of VOC in groundwater were assessed for potential health risks to outdoor industrial workers and indoor commercial workers.
Potential exposures to chemicals in soil currently exceed health risk-based standards.
Responsible chemicals are arsenic, TPH in the C13-C22 range, cadmium, and lead. It is likely that arsenic is present at background concentrations and should therefore not be
RFP 26-003 City of Hermosa Beach
included in the risk assessment. Chemicals detected in soil vapor and groundwater do not present an unacceptable health risk in regards to vapor migration to indoor air for a commercial worker.
Exhibit 16: Corrective Action Plan (Dudek 2019)
The Corrective Action Plan was developed to obtain voluntary oversight of site remediation to be conducted prior to the proposed City Yard project. A former City dump was located in the northeastern portion of the site (landfilled area). Metals and petroleum impacts have been identified in this area.
Based on the 2018 human health risk assessment (Environmental Health Decisions 2018), the human health risk at the site is limited to exposure of outdoor construction workers via direct contact. This CAP presents the remedial action alternatives to mitigate the noted human health risk during construction grading, when direct contact with landfill materials could occur. Additionally, the CAP considers remedial alternatives to mitigate the human health risk that could occur from potential future direct contact after construction.
Exhibit 17: Corrective Action Plan Approval (LA County Fire, Site Mitigation Unit 2020) The County letter indicates the review of background reports and the 2019 Dudek Corrective Action Plan and provide conditional approval of the proposed Corrective Action Workplan. The selected plan (Alternative 2) involves the removal of the landfill material to 2 – 4 feet bgs within the landfilled area, characterization and off-site disposal of the material, placement of an asphalt or concrete cap, and implementation of institutional controls.
Exhibit 18: Phase I Environmental Assessment Report for 552 11th Place (Converse 2005) The Phase I ESA identified the potential for environmental impact due to historical manufacturing property usage, a historical railroad track at the northeastern boundary of the property, and adjacent site usage by Western Fuel Gas & Power Co. The Phase I ESA recommended further sampling of the property.
Exhibit 19: Phase II Environmental Assessment Report for 552 11th Place (Converse 2005) The Phase II ESA recommended the following scope of work:
• Six (6) borings to a maximum depth of 20-feet below ground surface (bgs) in the interior of the building and at the location of the former railroad track on the exterior of the Property. Soil samples were collected at approximately 2-feet bgs, 5-feet bgs, and continuing at 5-foot intervals to boring depth. • Soil samples from 2-feet bgs, 5-feet bgs, and 15-feet bgs were analyzed in accordance with the following Environmental Protection Agency (EPA) Test Methods: EPA Test Method 8015, Total Petroleum Hydrocarbons, Carbon Chain
RFP 26-003 City of Hermosa Beach
(TPH-cc); EPA Test Method 82608, Volatile Organic Compounds (VOCs); EPA Test Method 8270, Semi Volatile Organic Compounds (SVOCs); EPA Test Method 9045A, pH; and EPA 6010/7471A, Title 22 Metals.
• Samples not analyzed (10-feet bgs and 20-feet bgs) were archived pending the results of the initial laboratory report.
• Soil samples analyzed for VOCs were collected in accordance with EPA Sampling Method 5035.
Exhibit 20: Addendum – Phase II Environmental Assessment Report for 552 11th Place (Converse 2005)
Following the completion of the Phase Il Environmental Site Assessment (ESA) report dated June 10, 2005, Converse completed the Toxicity Characteristic Leaching Procedure (TCLP) test on sample GP-5 at 2-feet bgs, and step out sampling in the vicinity of borings GP-1 (in the northwestern portion of the building) and GP-5 (on the northeastern portion of the Property).
RFP 26-003 City of Hermosa Beach
3. Scope of Services
The 1.3–acre site is located at 555 6th Street in Hermosa Beach and is occupied by the existing City of Hermosa Beach Public Works City Yard Facilities. The site location and existing facilities are shown in Figures 1 through 3. The City is interested in remediating the site prior to replacing the existing maintenance facility buildings and services. The City is also considering consolidating maintenance operations with City Engineering office operations, and Emergency Operations Center (EOC) services currently located other City-owned facility locations to this project site. The project would include remediating the site, demolishing existing structures, and constructing new buildings and outdoor facilities at 555 6th Street and may include temporary relocation to 552 11th Place. The Successful Consultant will prepare a CEQA Initial Study (IS) to determine if a Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) is required. The City may pursue CEQA analysis only or a combined CEQA/NEPA analysis, depending on funding sources for the project. Tasks will include:
A. Technical Studies: Identify and perform necessary technical studies such as aesthetics, agriculture, air quality, biological resources, cultural resources, energy, geology, greenhouse gases, hydrology and water quality, land use, noise, population/housing, public services, transportation/traffic, utilities, and wildfire risks. and any necessary studies required to complete the environmental documents.
B. Draft & Final CEQA Documents: Prepare necessary documents and handle public review periods and public notification requirements. Documents shall include associated graphics, illustrations, data, and supporting information.
C. OPTIONAL – Combined CEQA/NEPA: Prepare necessary documents and handle public review periods and public notification requirements. Documents shall include associated graphics, illustrations, data, and supporting information.
D. Mitigation Monitoring & Reporting Program (MMRP): Develop a plan for ensuring compliance with mitigation measures.
E. Public Outreach: Provide necessary public outreach, information, and public meetings attendance in support of the CEQA documentation process.
F. Project Management: Attend meetings with City staff, applicant team, other agencies, stakeholders, and members of the public.
G. Hazardous Materials Studies updated for new regulations and/or screening levels:
i. Environmental Site Assessments and Supplementary Site Investigations:
provide an updated Phase II ESA and/or Supplementary Site Investigation as needed to account for any new regulations or screening levels since the previous studies were performed in 2012 (Brycon) and 2018 (Dudek),
RFP 26-003 City of Hermosa Beach
ii. Hazardous Materials Surveys: provide an updated Lead, Asbestos, and PCB survey as needed to account for any new regulations or screening levels since the previous surveys were completed in 2015 (Patriot Environmental Laboratory Services)
iii. Human Health Risk Assessment: provide an updated Human Health Risk Assessment (HHRA) as needed to account for any new regulations or screening levels since the previous HHRA was completed in 2018 (Environmental Health Decisions). The data shall be of sufficient quality for the California Office of Environmental Health Hazard Assessment (OEHHA) to evaluate the health risks and hazards associated with the onsite contaminants. A human health risk evaluation prepared by a qualified toxicologist or other qualified health professional would be required. iv. Corrective Action Plan: provide an updated Corrective Action Plan (CAP) as needed to account for any new regulations or screening levels since the previous CAP was completed in 2019 (Dudek). The updated CAP shall include the analysis of the application of SCAQMD Rules 1166 and 1466 that were not addressed in the previous report.
H. Health and Safety Plan: provide a site-specific Health and Safety Plan (HASP), which meets the applicable requirements of the California Code of Regulations, Title 8, Section 5192, “Hazardous Waste Operations and Emergency Response.” The HASP should address work procedures and personal protective equipment applicable to protect future site construction workers associated with the proposed CAP field activities. The HASP should also address the safety of offsite sensitive receptors.
I. Workplan Addendum to the previous Corrective Action Plan: provide a brief workplan addendum (including a figure) proposing additional surficial soil sampling locations in future grading areas where the surficial soil has not yet been assessed (including beneath existing structures that will be demolished), prior to any future grading activities. The additional shallow soil sample locations should be placed throughout the site to assure adequate sample density/coverage (i.e., equivalent to a 50 ft x 50 ft grid). In addition to metals, the surficial soil samples should also be analyzed for pH and total petroleum hydrocarbons (TPH), and if TPH is detected, selected soil samples should be re-analyzed for semi-volatile organic compounds (including PAHs) and polychlorinated biphenyls (PCBs). The Workplan will also need to be updated should another Corrective Action Alternative be selected as most appropriate for remediation of the site.
J. Groundwater Monitoring: provide groundwater sampling and monitoring, including installation of at least three perimeter groundwater monitoring wells at the site to monitor contaminant concentrations and evaluate direction and gradient of groundwater flow for at least four (quarterly/semi-annual) groundwater sampling events. Provide all monitoring and reporting for the installed wells.
RFP 26-003 City of Hermosa Beach
K. Soil Management Plan: Provide a Soil Management Plan (SMP) to address procedures that would be implemented at the site if previously unknown contamination or associated structures (e.g., drums, clarifiers, USTs, septic tanks, etc.) were to be encountered.
L. Soil Vapor Surveying: post-grading soil vapor survey beneath the proposed future buildings, as well as additional soil vapor sampling (with dual-nested soil vapor probes), in the vicinity of the landfill area where the previous onsite maximum concentration of tetrachloroethylene was detected. Soil vapor samples should be collected at depths of five feet and 15 feet below the ground surface (bgs).
M. Services Leading to a No Further Action (NFA) Letter: the selected consultant will interface with Local, State and Federal regulatory agencies as needed and submit Closure Reports to obtain any approvals required for the cleanup of the project area and comply with all laws, regulations, notices or applicable restrictions. The final result should be No Further Action letters from all regulatory agencies having jurisdiction over the project site. If a NFA letter is not possible due to the remediation method selected, assist the City with filing all environmental notifications/restrictions with the County Recorder (i.e. deed restrictions) identifying the onsite contaminant concentrations/locations, as well as any associated mitigation measures (such as capping), and restricting the site to commercial/industrial uses.
N. OPTIONAL – Monitoring During Construction: provide hazardous materials removal monitoring and soils remediation monitoring services during the construction phase of the project in accordance with Local, State, and Federal regulatory guidelines. Hazardous materials removals monitors shall be Certified Industrial Hygienists (CIH). Soils remediation monitoring requirements and certifications will be determined following the selection of an appropriate remediation method.
RFP 26-003 City of Hermosa Beach
4. Proposal Submittal Instructions
4.1 Proposal Format
Proposes shall submit one copy of the proposal and one copy of the fee schedule in PDF format on the PlanetBids Portal.
4.2 Proposal Content
Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals should include the sections as described in greater detail below. Do NOT include marketing brochures or other promotional material not connected with this RFP.
4.2.1 Cover Letter
Proposal must be accompanied by a cover letter signed by an individual authorized to bind the proposing entity. An unsigned proposal is grounds for rejection. The cover letter should include an introduction of the firm, contact information, summary statement of professional qualifications, and statement of understanding of the scope of work. The cover letter also shall acknowledge receipt of any addendums that were issued for this RFP.
4.2.2 Firm Profile
Proposers should provide a brief profile of the prime consultant and any sub-consultants.
The profile should include, but is not limited to, the following information:
• Official name and address.
• Name, address, email, and telephone number of the consultant’s primary point of contact.
• Type of business entity of consultant (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture.
• Federal Employer I.D. Number.
• Address, telephone numbers and fax numbers of each of the proposing firm’s locations.
• Indication whether firm is totally or partially owned by another business organization (parent company) or individual.
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• Number of years consultant has been in business under the present business name.
• Number of years of experience the consultant has had in providing required, equivalent, or related services.
• Any failures or refusals to complete a contract, and explanation.
4.2.3 Project Understanding and Approach to Scope of Work Proposers should include in this section a statement of project understanding, approach to work program and summary of deliverables, described in greater detail below.
Statement of Project Understanding
Consultant must include in this section its understanding of the project and understanding of the Scope of Services noted herein. Consultant should be able to articulate a thorough understanding of the State, County and Local requirements, and other industry standards applicable to the project or services to be provided.
Approach to Work Program
The City is seeking an effective, efficient and creative approach to preparing work products and meeting the City’s goals and timelines. In this section, proposers should include their recommended approach to providing the requested professional services and tasks noted in the Scope of Services in the RFP. The approach to the work plan shall be of such detail to demonstrate the proposer’s ability to accomplish project objectives.
This section should also include proposed approaches and techniques to engagement of community and stakeholders in the process of developing projects.
The proposer’s approach should provide details on all tasks identified in the scope of services (3.A through 3.N), as well as any additional tasks or services recommended by the proposer to complete the project goals and objectives.
Additional Services
Consultant shall provide the City with any additional services that the firm can provide.
Consultant may additionally itemize those services which are further beneficial but are not noted in the aforementioned paragraphs as requirements.
Roles and Responsibilities for City Staff
Proposer should summarize any services NOT provided by their firm that are listed in the Scope of Work. Consultant shall also list any resources, City assistance or other items expected to be provided by City, “Work to be Performed or Provided by the City”.
4.2.4 Project Management Plan
Key to a creative, effective, and efficient delivery of projects is close coordination and communication between the City, community, and the selected consultant. In this
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section, proposers should provide information on scheduling and describe the firm’s approach to communications and quality assurance/quality control.
Project Schedule
Proposers must provide a project schedule with anticipated timeframe for key deliverables outlined in the scope of services and meets the Project Timeline identified in Section 1.2.
Communications Approach
Proposers should describe their recommended or preferred approach to project communications between the City and Consultant Team. This should include details on the frequency of project check-ins, progress updates, and meeting locations (i.e. phone, email, in-person). Communications protocols for coordinating with other City departments, agencies, and the community can be established during individual project kick-offs.
Quality Assurance/Quality Control Approach
Describe the firm’s QA/QC processes that will be adhered to during the term of the agreement. Describe the Consultant’s method of ensuring that the assigned personnel’s quality of work is high.
4.2.5 Experience and Qualifications
Proposers should include in this section a summary of relevant projects, references, an organizational chart, and information about the experience, qualifications, and availability of key personnel, described in greater detail below.
Summary of Relevant Projects
Proposers should highlight representative projects that are similar in scope to the services requested to demonstrate the firm ’s depth of experience and familiarity with similar projects. For each project, please include the following information, at a minimum:
• Year started and completed (if relevant)
• Contracting Agency + Department
• Project Description
• Key Personnel Assigned
• Contract Value
References
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Consultant must provide at least three (3) public agency references for which consultant has provided services similar in scope as set forth in the RFP within the last five (5) years.
Reference information should include:
• Name of agency
• Name of agency project manager
• Email address and telephone number of contact person
• Description of project or services provided
Organizational Chart
Consultant shall include an organizational chart that reflects key staff and roles/responsibilities of each individual assigned to provide services under this Proposal.
Any roles or topics in which the proposer anticipates utilizing the expertise of subconsultants should be clearly identified.
Experience and Qualifications of Key Personnel
The consultant shall provide resumes indicating the experience and qualifications for the key personnel identified in the organization chart. Identify the firm’s lead Project Manager that will interface with the City on a regular basis. Consultant shall also include the additional support personnel who will be providing services on this project. At a minimum, the resume for each team member should include:
• Name
• Position and Role for This Project
• Degrees and Certifications
• Professional Memberships/Registrations
• Summary of Experience
• Work on Representative Projects that are Similar in Scope If subconsultants are to be used as part of this proposal, a resume of the key subconsultant staff and relevant experience is to be included in the same format.
Assignment of Key Personnel
It is the City’s preference to have the key personnel identified in the Organizational Chart remain with the individual project during its duration. In this section, please indicate the availability of key personnel to pursue the completion of this project/contract.
After contract execution the Consultant should not substitute key personnel (project manager and others listed by name in the proposal) or subconsultants without prior
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written approval from the local agency. The consultant must request and justify the need for the substitution and obtain approval from the agency prior to use of a different subconsultant on the contract. The proposed substituted person must be as qualified as the original, and at the same or lower cost.
In the event there are proposed changes in key personnel, including subconsultants, during the term of the agreement that are outside of the consulting firm’s control, the consultant shall prepare a transition plan that is presented to the City’s project manager for review.
4.2.6 Required Forms
Consultant shall review, acknowledge and submit the following forms:
• Certification of Proposal. Consultant is required to sign and submit the Certification of Proposal including acknowledgement that they have received and considered any addendums issued by the City of Hermosa Beach in connection with this RFP. (See section 7.2.1)
• Non-Collusion Affidavit.Consultant is required to sign and submit the NonCollusion Affidavit. (See section 7.2.2) • Compliance with Insurance Requirements. Consultant shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Professional Services Agreement. (See section 7.2.3) • Acknowledgement of Professional Services Agreement. Consultant shall demonstrate willingness and ability to comply with the City’s Sample Professional Services Agreement and/or indicate any exceptions to the Professional Services Agreement. (See section 7.2.4)
4.2.7 Cost Proposal
The cost proposal shall be submitted through PlanetBids Portal as a separate file, labeled “Cost Proposal” and indicate the firm’s name. The cost proposal shall detail costs broken down by project phase, task, hourly rates, and key personnel.
Consultant should provide the cost proposal for the duration of the agreement to successfully fulfill the Scope of Services detailed in this RFP. Optional tasks should be consistent with the tasks listed in the Scope of Services and be clearly marked in the cost proposal to facilitate consistent comparison of costs between proposals. The Cost Proposal should identify project team members, and hourly billing rates and break costs by task and phase. The fee schedule should also include any direct costs such as travel, equipment, printing/materials.
The method of payment shall be primarily at Specified Rates of Compensation but may include Cost per Unit of Work. The proposal should include hourly rates for all types of personnel required to perform the services described in this RFP.
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No mark ups will be allowed for direct or miscellaneous costs and subconsultant work, however, an appropriate number of hours for subconsultant oversight will be allowed.
5. Proposal Evaluation and Selection
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5.1 Proposal Review Process
The City will evaluate all proposals received in accordance with the evaluation criteria.
The City shall not be obligated to accept the lowest priced fee schedule, but the City may make award(s) in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer. Evaluation scores will not be released until after award of proposal, if one is made.
Following the review of RFPs by the City’s team, the City may, if it chooses to do so, invite short-listed consultants to be interviewed by a panel of City staff, which may include noncity personnel at the City’s discretion. Discussions may, at the City's option, be conducted with the most qualified Proposers. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements.
Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers.
The City will verify references of short-listed consultants, which may include persons not listed as references, and this will help inform the City’s decisions. The City will select a consultant to negotiate for the performance of work. In negotiating the contract the City may request modifications to the proposed scope or to the technical team or other elements of the proposal. If negotiations fail, the City will commence negotiations with the next qualified candidate. Work will promptly commence following contract award and satisfaction of contract requirements.
5.2 Evaluation Criteria
Evaluation criteria will typically include RFP understanding, demonstrated expertise, relevant experience, availability of the firm’s team, and other factors. Task orders resulting from this contract will be negotiated and executed between the City and the selected firm.
Proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of Hermosa Beach will use the following criteria in its evaluation of proposals, interviews may be required with selected consultants, or verification of references. The categories will be weighted approximately as follows.
Approach and Methods (40%):
• A well thought-out and tailored approach to the technical work that responds to the City’s particular issues and needs.
• Incorporation of innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities.
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• Evidence of the team’s ability to work collaboratively with other members of a multi-disciplinary team in a complex and dynamic working environment. • Demonstration of the team’s commitment to accurate and superior work products and services as detailed in the project management project management plan.
Relevant Experience & Expertise (40%):
• Recent experience preparing similar projects or providing similar services for jurisdictions.
• Familiarity and experience with applicable industry standards and any relevant federal, state, or local regulatory requirements.
• The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project.
• The consultant team’s ability to dedicate a strong project manager that will serve as a single point of contact for the duration of the project. • The team’s experience and ability to clearly communicate technical concepts and terminology with the community.
Administration (20%):
• Display of responsive timeframe to assign tasks.
• Evidence of the team’s ability to successfully deliver project tasks and deliverables within the identified project budget and minimize cost overruns • Billing rates, ability to comply with the timeline terms, and billing procedures. • The extent and nature of any proposed amendments to the City’s Professional Services Agreement.
6. Contract Expectations
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6.1 Contract Period
The City anticipates the contract term would begin in April 2026 and extend for a term of 4 years, with an option to extend for two additional one-year terms.
6.2 Professional Services Agreement
The selected consultant will be expected to comply with and sign the City’s Professional Services Agreement.
6.3 Standards of Work
In case of conflicts, ambiguities, discrepancies, errors, or omissions, Consultant shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Consultant prior to clarification by City shall be at Consultant's risk and expense.
6.4 Invoicing and Payment
Each invoice shall contain a progress report describing the work completed during the billing period and shall also include cost information by task regarding: previous work billed to date, work billed during the reporting period, percent of task completed and amount remaining by task.
Invoices are to be submitted monthly. The invoices shall reference the project title, and list charges by task, worker classification, hours, billing rate, and totals.
Each invoice shall contain a progress report describing the work completed during the billing period and the following summary information:
Contract
Amount
Total Prior
Contract Billings
Contract Work
Performed this
Period
Total Contract
Amount
Performed To
Date
Contract
Percent
Complete
Total Amount
Remaining for the
Contract
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7. Attachments and Required Forms
7.1 Sample Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF HERMOSA BEACH
AND
[________________]
This professional services agreement (“Agreement”) is made and entered into as of [________] (“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 [_________] (a [________] with its principal place of business at [________]) (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.
RECITALS
A. City is a public agency of the State of California and is in need of Consultant’s [_________] services (“Services”); and
B. Consultant is duly licensed and has the necessary qualifications to provide such Services; and
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the Services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the Services as set forth in in Exhibit A, Services, attached hereto and incorporated herein by reference. In the event of any inconsistency between the terms of Exhibit A and this Agreement, the terms of this Agreement shall govern.
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3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation
a. Subject to paragraph 4b below, the City shall pay for the services listed in Exhibit A.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of [________] dollars ($[_______]). This amount is to cover all related costs for the duration of the term, and the City will not pay any additional fees for printing expenses. Consultant shall submit invoices to City no later than thirty (30) calendar days after the performance of work for which Consultant is billing, invoices shall detail the work performed on each milestone and each project as applicable. All invoices for City’s approved task(s) and or deliverable(s) shall include the following in order for payments to be processed:
(1) Consultant’s name,
(2) Contract number,
(3) Task number,
(4) Purchase order number,
(5) Project name,
(6) Invoice number,
(7) Invoice date,
(8) Billing period,
(9) For work performed on a lump sum basis, the deliverables provided during the billing period or the percentage of each task completed during the billing period,
(10) For work performed on a time and materials basis, the name of the staff member working on the task and/or deliverable, the specific task or subtask performed, the date of performance, the number of hours performed on that date, the staff member’s billing rate per Exhibit B, Cost Proposal, and the description of work performed for that time entry. Any charges for
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approved direct expenditures (e.g., mileage, parking, etc.) shall be accompanied by receipts or other documentation.
(11) Total budgeted task amount,
(12) Percentage of total task amount billed to date, and (13) Other information as required by a specific task.
c. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed, the method of compensation subject to paragraph 4d below, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
d. Compensation for services under this Agreement shall be based on one of the following methods of compensation:
(1) Lump Sum Method: whereby the Consultant is compensated for meeting designed project milestones for a specific Task. All of the Consultant’s costs, including employee salaries, overhead, other direct costs, subcontract expenses, and profit are included in the Lump Sum amount;
(2) Time and Materials Method: whereby the Consultant is compensated based upon the agreed upon rates as stated in Exhibit B, Cost Proposal, and other approved direct costs, subject to Engineer’s approval, with a total not to exceed amount as stated in Exhibit B. Exhibit B shall be in effect for the duration of the Agreement;
(3) Combination of Method 1 or 2 above: whereby the Consultant is compensated for some line items in their proposal based upon the Lump Sum Method and other line items in their proposal based on Time and Materials Method.
5. Additional or Removed Work. If changes in the work seem merited by the Parties and informal consultations with the other Party indicate that a change is warranted, it shall be processed by the Consultant forwarding a letter to the City outlining the changes with a statement of estimated changes in fee and/or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate
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unaffected portions of this Agreement. In the absence of an amendment, the City may order such changes and equitably adjust compensation as necessary.
6. Term. This Agreement shall commence on the Effective Date and continue until [________], unless the Agreement is previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance
a. Neither Party shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics, or quarantine restrictions. “Orders of governmental authorities” includes ordinances; emergency proclamations and orders; and rules to protect the public health, welfare, and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall (within a reasonable time of being prevented from performing) give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
10. Compliance with Law
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a. Consultant shall comply with all applicable laws, ordinances, codes, and regulations of the Federal, state, and local government (including California Division of Occupational Safety and Health Administration requirements). b. Consultant shall assist the City as requested in obtaining and maintaining all permits required of Consultant by Federal, state, and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and / or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles; and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the scope of Services as described in Exhibit A.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City; and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City (which may be withheld for any reason). Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
14. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel (including but not limited to social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance).