AGENDA REPORT
Meeting Date: July 19, 2022
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director/City Engineer
Jessie Holzer Carpenter, Transportation Planner
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND ALTA PLANNING + DESIGN, INC. FOR A FEASIBILITY STUDY
FOR CLIFTON WAY-LE DOUX ROAD BIKE BOULEVARD; AND
APPROVAL OF A PURCHASE ORDER TO ALTA PLANNING +
DESIGN, INC. IN THE NOT TO EXCEED AMOUNT OF $200,000
Attachments: 1. Alta Planning + Design, Inc. Agreement
RECOMMENDATION
Staff recommends City Council move to approve an agreement with Alta Planning + Design, Inc. for a Feasibility Study for Clifton Way-Le Doux Road Bike Boulevard and approve a purchase order in the amount of $200,000.
INTRODUCTION
This project will explore the feasibility of a range of Bike Boulevard design options (not bike lanes) for consideration by the community to implement the Complete Streets Plan and Action Plan. Class III Bike Boulevards are shared streets between bicyclists and drivers and often incorporate traffic calming features to make a comfortable, active transportation environment and improve neighborhood livability. Bike Boulevards are not bike lanes and do not impact the number of existing vehicle travel lanes.
DISCUSSION
On April 26, 2022, City Council approved an award agreement between the City and Metro to receive $200,000 in grant funding to complete a Feasibility Study for a Bike Boulevard on Clifton Way and Le Doux Road to improve first-mile connections to the future Metro stations. The next step was for the City to procure a consultant to complete the Feasibility Study.
&11
Meeting Date: July 19, 2022
The City selected Alta Planning + Design, Inc. from the Public Works Department’s bench of qualified transportation consultants based on their expertise in similar active transportation studies. Alta Planning + Design, Inc.’s contract will be 100% reimbursable by the grant funding.
This project is anticipated to be completed in one year. Key milestones include:
July 2022: Project kick-off
Summer/Fall 2022: Community visioning meetings and audits Fall 2022: Introductory Commission and City Council meetings Fall 2022: Community workshops and charrettes
Winter 2023: Design option development
Winter 2023: Community workshops and charrettes
Winter 2023: Draft conceptual design and community feedback Spring 2023: Final conceptual design
Spring 2023: Final Commission and City Council meetings June 2023: Project close-out
FISCAL IMPACT
The cost to perform consulting services will not exceed a total of $200,000 and is 100% reimbursable by Metro through the Transit Oriented Community Technical Assistance Program grant award. Funds are included in the Fiscal Year 2022/23 Capital Improvement Project No. 00100: Complete Streets.
Shana Epstein,
Director of Public Works
Approved By
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AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
ALTA PLANNING + DESIGN, INC. FOR A FEASIBILITY STUDY
FOR CLIFTON WAY-LE DOUX ROAD BIKE BOULEVARD
NAME OF CONSULTANT: Alta Planning + Design, Inc.
RESPONSIBLE PRINCIPAL OF CONSULTANT: Steven Frieson, Vice President CONSULTANT’S ADDRESS: 617 W. 7th Street, Suite 1103
Los Angeles, CA 90017
Attention: Steven Frieson, Vice President
CONSULTANT’S E.I.N./TAX I.D. NO.: 68-0465555
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: July 19, 2022
TERMINATION DATE: July 31, 2023, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Total not to exceed $200,000.00 based on the rates set forth in Exhibit B
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2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
ALTA PLANNING + DESIGN, INC. FOR A FEASIBILITY STUDY
FOR CLIFTON WAY-LE DOUX ROAD BIKE BOULEVARD
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”) and Alta Planning + Design, Inc. (hereinafter called “CONSULTANT”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONSULTANT represents that it is qualified and able to perform the Scope of Works.
NOW, THEREFORE, the parties agree as follows:
Section 1. Scope of Work.
(a) CONSULTANT’s Scope of Work. CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.
The City Manager or his designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.
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3 (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).
There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.
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4 Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of Two Million Dollars ($2,000,000) per claim and in the aggregate.
Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
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5 (g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.
Section 12. Indemnification.
(a) CONSULTANT agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) All duties of CONSULTANT shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and
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6 auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
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7 Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
LILI BOSSE
Mayor
(SEAL)
HUMA AHMED
City Clerk
CONSULTANT: Alta Planning + Design, Inc.
STEVEN FRIESON
Vice President
NATALIE LOZANO
Corporate Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
______________________________
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
______________________________
SHANA E. EPSTEIN
Director of Public Works
______________________________
DAREN GRILLEY
Assistant Director of Public Works/
City Engineer
______________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
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EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall complete a feasibility study of the proposed Clifton Way-Le Doux Road Bike Boulevard within the public right-of-way. The project area includes study of two short blocks:
Wilshire Boulevard between La Cienega Boulevard and Le Doux Road, and Canon Drive between Clifton Way and Wilshire Boulevard. The project Area and Site Boundary map are attached as Attachment 1 to Exhibit A.
TASK 1: PROJECT MANAGEMENT
1.1 Kick Off and Coordination Meetings
CONSULTANT will conduct kickoff meeting with CITY staff to introduce project, establish goals, discuss data collection needs, and set up communication protocols. CONSULTANT will conduct biweekly check-in calls with CITY staff to provide updates on work progress and track deliverables and upcoming work. CONSULTANT will be responsible for general project management, including invoicing and reporting.
1.2 Commissions Meetings
CONSULTANT will present at up to two Traffic and Parking Commission meetings at key milestones during the project, such as (1) at the middle of the project to obtain Commissioner feedback and (2) at the end of the project to make a recommendation to City Council on approval of conceptual design (if needed). CONSULTANT will be responsible for developing presentation materials.
1.3 City Council Meetings
CONSULTANT will present at up to two City Council meetings or City Council/Commission Liaison Committee meetings at key milestones during the project, such as (1) one at the beginning of the project to introduce City Council to the project and gain initial feedback/considerations and (1) one at the end of the project for consideration of approval.
Deliverables: Monthly progress reports, invoices, project schedule updates, meeting agendas and minutes, kick-off meeting and biweekly coordination meetings, two commission presentations including PowerPoint, and two city council presentations including PowerPoint.
TASK 2: COMMUNITY ENGAGEMENT
2.1 Community Engagement Work Plan
CONSULTANT will develop a community engagement work plan at the start of the project to confirm number and type of outreach and engagement activities. Work plan should identify opportunities/strategies to engage residents historically underrepresented in planning processes, and recommend a mix of in-person and virtual activities, as appropriate. Community engagement work plan should reflect CITY's budget to assist with outreach, communication, and notification, such as mailers and sidewalk decals.
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9 2.2 Visioning Meetings/Audits
Per the community engagement work plan, CONSULTANT will plan, program and produce one visioning meeting and (2) walk/bike audits along the project corridor to develop shared goals and outcomes for the project. CONSULTANT will develop all meeting/audit materials, such as maps and surveys. CITY to assist with outreach, communication, and notification; CONSULTANT to develop design of these materials (such as flyers or social media posts).
2.3 Pop-ups/ Charrettes/Workshop
Per the community engagement work plan, CONSULTANT will lead a series of four (4) in-person, on-the-street outreach efforts. The first event will follow the development of the initial alternatives with the goal of receiving feedback about which concepts best meet the community’s needs.
CONSULTANT will consult with the Traffic and Parking Commission to determine any appropriate existing events to “piggyback” onto, and advise on locations.
Working with CITY, CONSULTANT will identify existing events/locations to plan, program, and produce pop-up workshop(s) to meet the community where they are for primary method of input and response to proposals; for example, BHUSD/school events, bus stops, or key intersections along the corridor. CONSULTANT will plan, program, and produce design charrette(s) to bring together stakeholders with different background and perspectives to work with each other on potential designs. CONSULTANT will plan, program, and produce community workshop(s) to build consensus on design options and advance one preferred alternative into conceptual design.
This task could will include surveys, interviews, etc., as appropriate. CITY will assist with outreach, communication, and notification; CONSULTANT will develop design of materials (such as flyers or social media posts).
CONSULTANT will develop a style guide for providing a consistent “look and feel” for all project messaging and materials. In addition, to the materials created for the Pop-ups/Charrettes/ Workshop as described in Task 2.3, CONSULTANT will create no more than five standalone marketing materials, created so they can be used across multiple platforms, events, and activities, to engage the community in the Bike Boulevard Feasibility Study process and solicit input and feedback about their needs, priorities, and opportunities. CONSULTANT will revise date and text related to each event throughout the project. However, the look and feel of the messaging material will not change. All materials will be created in easy-to-read English and Spanish.
2.4 Communications/Notifications
This task will be handled by CITY staff. CONSULTANT will prepare graphics and will share with CITY for reproduction and distribution.
Deliverables: Community engagement work plan, one visioning meeting, two walk-bike audit, meeting summaries, four outreach events (Charrette/Popup/ Local workshop), and marketing and social media materials
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10 TASK 3: EXISTING CONDITIONS
3.1 Data Collection
CONSULTANT will identify data needs and collect all data possible to develop deep understanding of existing conditions; for example, multi-modal traffic volumes, vehicle speeds, parking occupancy, roadway width/slope, past reports/plans/studies, etc. Data collected will inform feasibility of design options.
3.2 Data Analysis and Mapping
CONSULTANT will review data collected and develop base maps to communicate and summarize data results/baseline conditions. CONSULTANT will verify conditions in the field to confirm accuracy of data, if needed. CONSULTANT will prepare a report describing the existing conditions, including opportunities and constraints for the project to inform feasibility of design options. This information will be used to communicate existing conditions to the community during engagement.
Deliverables: AutoCAD basemap including existing infrastructure line work and aerial imagery, existing conditions memo, and site visit to confirm data collected.
TASK 4: ALTERNATIVES ANALYSIS
4.1 Data Analysis and Mapping
After adequate amount of community outreach and engagement is completed, CONSULTANT will develop additional maps and graphics needed to start determining feasibility of design options.
These will be used as tools to communicate range of possibilities to the community and CITY staff, and to help community to come to consensus on a preferred design option. As such, these materials should be visually appealing and easily understood by non-design professionals.
4.2 Design Options
CONSULTANT will develop a range of design options for consideration by the community. All design options to be feasible to construct, with consideration given to time/cost to implement, maintenance, complexity, safety, and other factors (CITY goal is to build project by the end of 2023 in advance of the opening of the Wilshire/La Cienega subway station as part of separate contract). We will confirm considerations with CITY staff prior to preparation of design options.
This may include a meeting with various divisions within the Public Works Department, such as Metro construction team, street maintenance team, etc. CONSULTANT will work with the CITY and community to refine design options as part of Task 2.
Deliverables: Basis of Design Consideration and Options Memo, proposed basemaps, and graphics to support Task 2.
TASK 5: DRAFT CONCEPTUAL DESIGN
5.1 Draft Conceptual Design
After community consensus on preferred design option, CONSULTANT will develop conceptual design. Conceptual design will include all proposed treatments at all locations, presented on corridor-wide maps. The designs will be prepared in AutoCAD design software. The concept plans will be based on the following design guidelines for bicycle facilities: NACTO Urban Bikeway Design Guide, Caltrans Highway Design Manual (Chapter 1000), California Manual on Uniform
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11 Traffic Control (CA MUTCD), and City of Beverly Hills Standard Plans. In addition to the plans, CONSULTANT will develop a preliminary opinion of probable construction cost.
5.2 Final Conceptual Design
CONSULTANT will address any comments provided by the CITY and finalize the concept plans.
Deliverables: Draft and Final Concept Plans and Estimates TASK 6: FINAL REPORT
6.1 Draft and Final Report
CONSULTANT will develop final Feasibility Study report, including existing conditions, community outreach/engagement completed, community feedback heard, design development process, maps/graphics, and conceptual design. Final report anticipated to be used in presentation to City Council for approval.
Deliverables: Draft and Final feasibility report
II. INFECTIOUS DISEASE
A. The federal government and State of California, the County of Los Angeles, and CITY have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for CITY employees and the community, CITY is requiring all contractors and CONSULTANT to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively “CONSULTANT employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.
B. CONSULTANT shall notify CITY immediately in writing if CONSULTANT or CONSULTANT employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such CONSULTANT employees shall immediately cease performing services under the Agreement.
C. CONSULTANT shall monitor CONSULTANT employees’ signs and symptoms with written logs. CONSULTANT shall maintain a daily recording of the following:
1. Require CONSULTANT employees to take their temperature each time they enter and exit CITY facilities (both before and after work is performed at CITY facilities).
2. If CONSULTANT employees have any symptoms of COVID-19, the common cold, or influenza including but not limited to a fever (100°F or higher), cough, trouble breathing, CONSULTANT shall:
(a) Direct employees not to report to work.
(b) Contact your CITY Responsible Principal.
3. CONSULTANT shall ask employees to identify any close contact they had with others at a CITY facility during the 48 hours prior to symptom onset or positive test, if
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12 asymptomatic. Close contact is defined as individuals who are within 6 feet of each other for 15 minutes or more over a 24 hour period. This definition may be modified by the Centers for Disease Control and/or the Los Angeles County Public Health Department.
4. CONSULTANT shall disinfect all areas that CONSULTANT’s employees come in contact with while performing services under the Agreement before and after usage.
5. CONSULTANT employees shall not return to any CITY facility until they meet the quarantine / isolation guidance* of the Los Angeles County Department of Public Health. * CONSULTANT acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance workplaces.
D. CONSULTANT shall also maintain daily monitoring and record keeping in connection with CITY projects where CONSULTANT employees come on site for the following information:
1. Projects are adhering to Social Distancing and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.
2. CONSULTANT employees are not working while sick.
3. CONSULTANT shall notify their CITY Project Manager or CITY Responsible Principal prior to reporting on site daily.
4. CONSULTANT shall contact their CITY Project Manager or CITY Responsible Principal to reschedule non-essential services.
E. CONSULTANT shall provide employees with handwashing and sanitizing equipment.
These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not.
CONSULTANT shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.
For the latest CITY updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus.
CITY reserves the right to review CONSULTANT’s daily logs to ensure compliance with this Agreement. CITY has the right to send CONSULTANT employees home who do not comply with these requirements. CONSULTANT shall maintain the recordings and logs in accordance with the Agreement.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310-285- 1073.
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ATTACHMENT 1 TO EXHIBIT A
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EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSULTANT in a total not-to-exceed amount of Two Hundred Thousand Dollars ($200,000.00), including all labor, expenses and taxes for the satisfactory performance of the services specified in Exhibit A based on the rates set forth in Attachment 1 to Exhibit B. CONSULTANT may modify the rates no sooner than January 1, 2024 upon giving CITY thirty (30) days prior written notice.
CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
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ATTACHMENT 1 TO EXHIBIT B
EXHIBIT C
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EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
Certificate Of Completion
Envelope Id: 180FDADEB5874D9798BBB90920D09A0F Status: Sent Subject: Please DocuSign: Alta Planning + Design, Inc. - Clifton Way-Le Doux Road Bike Boulevard Source Envelope:
Document Pages: 16 Signatures: 6 Envelope Originator:
Certificate Pages: 3 Initials: 0 Erin Justus
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
7/7/2022 4:04:40 PM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 7/7/2022 4:19:49 PM
Viewed: 7/7/2022 5:20:00 PM
Signed: 7/7/2022 5:22:35 PM
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Natalie Lozano
[email protected]
Vice President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 97.120.171.154
Sent: 7/7/2022 5:22:37 PM
Viewed: 7/8/2022 10:19:16 AM
Signed: 7/9/2022 12:07:53 PM
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Steven Frieson
[email protected]
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Using IP Address: 73.149.255.86
Sent: 7/7/2022 5:22:37 PM
Viewed: 7/8/2022 10:26:54 AM
Signed: 7/8/2022 10:27:05 AM
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Deborah R. Hakman for
[email protected]
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Using IP Address: 208.87.235.180
Sent: 7/9/2022 12:07:54 PM
Resent: 7/11/2022 8:07:42 AM
Resent: 7/11/2022 9:17:37 AM
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Signed: 7/11/2022 9:18:12 AM
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Daren Grilley
[email protected]
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Using IP Address: 198.245.189.169
Sent: 7/11/2022 9:18:14 AM
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Signed: 7/11/2022 11:23:43 AM
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Shana E. Epstein
[email protected]
Director of Public Works
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Using IP Address: 107.77.205.11
Signed using mobile
Sent: 7/11/2022 11:23:45 AM
Viewed: 7/11/2022 11:55:04 AM
Signed: 7/11/2022 11:55:37 AM
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Logan Phillippo
[email protected]
Senior Management Analyst
City of Beverly Hills
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(None)
Sent: 7/11/2022 11:55:39 AM
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George Chavez
[email protected]
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Lili Bosse
[email protected]
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Electronic Record and Signature Disclosure:
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Huma Ahmed
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Adrianne Tarazon
[email protected]
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Dorina Mohan
[email protected]
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Jackie Perez
[email protected]
Security Level: Email, Account Authentication
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