Beverly Hills City Council
September 20, 2022

AGENDA REPORT
Meeting Date: September 20, 2022
Item Number:

To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Samer Elayyan, Engineering Services Manager
Subject: A. WITHDRAW THE CONTRACT AWARDED TO SYBLON REID CONSTRUCTION, INC. ON SEPTEMBER 12, 2022
B. AWARD OF A CONTRACT TO SYBLON REID, FOR THE

OUTDOOR WARNING SIREN SYSTEM WITHIN THE CITY OF

BEVERLY HILLS, CALIFORNIA, IN THE AMOUNT OF
$1,370,000; AND

APPROVAL OF THE PLANS AND SPECIFICATIONS
THEREFOR WITH RESPECT TO DESIGN CRITERIA; AND

APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF
$1,452,200 (INCLUDING A 6% CONTINGENCY) TO SYBLON
REID, FOR THE PROJECT; AND

PURSUANT TO THE PROVISIONS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA), THE CITY

COUNCIL WILL ALSO CONSIDER FINDING THE PROJECT

EXEMPT FROM FURTHER REVIEW UNDER CEQA
Attachments: 1. City Council Agenda Report dated September 12, 2022

2. Agreement with Syblon Reid

3. Categorical Exemption

RECOMMENDATION
Staff recommends that City Council move to:

A. Withdraw the award of contract for the Outdoor Warning Siren System with the entity “Syblon Reid Construction, Inc.” due to an error in the entity’s name. •

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Meeting Date: September 20, 2022

B. Approve the award of a contract to the lowest responsible bidder, Syblon Reid, for the outdoor warning siren system in the amount of $1,370,000; approve the plans and specifications for the project with respect to design criteria; approve a construction contingency of 6% (for a total not to exceed amount of $1,452,200), including the contingency; approve the issuance of a purchase order to Syblon Reid in the amount of $1,452,200; and pursuant to the provisions of the California Environmental Quality Act (CEQA), City Council will also consider finding the project exempt from further review under CEQA.

INTRODUCTION
Due to an error in the contractor’s name listed in the agenda report and the contract awarded at the September 12, 2022, City Council meeting (Attachment 1), it is necessary to withdraw the award of contract and award the contract to the correct entity name in order to carry out the project. The revised contract (Attachment 2) replaces the incorrect entity’s name “Syblon Reid Construction, Inc.” with the proper entity name “Syblon Reid.”

DISCUSSION
This project was originally bid on May 16, 2022, and on June 23, 2022, five (5) bids were received ranging from $1,023,917.86 to $1,938,499.00. The Engineer’s estimate prepared by MCP was $1,200,000.

At its meeting on July 12, 2022, City Council rejected all bids, because all bidders did not correctly follow the bid instructions and made one or more errors in their bids and authorized staff to rebid the project.

On July 28, 2022, a Notice to Bidders was published on the City’s web portal on Planet Bids (planetbids.com) and published in the Beverly Hills Weekly and the Beverly Hills Courier. A pre-bid meeting was also conducted on August 9, 2022. On August 30, 2022, five (5) bids were received and the bid results were as follows:

Bidder Base Bid Amount
Bid Alternate (5- year extended
warranty)
Total
Universal Technical and
Construction Solutions, Inc. $1,099,038.68 $12,160.00 $1,111,198.68 Syblon Reid $1,325,000.00 $45,000.00 $1,370,000.00
Kindness General
Contractors, Inc. $1,398,200.16 $8,500.00 $1,406,700.16 Guys Construction $1,732,300.00 $37,000.00 $1,769,300.00 MMC, Inc. $2,054,000.00 $75,000.00 $2,129,000.00
Upon review, the bids from Universal Technical and Construction Solutions, Inc. were found to be non-responsive due to listing a subcontractor that does not possess a contractor’s license within the state of California. In addition, a bid bond for the prime bidder was not submitted with the bid proposal. Syblon Reid is the lowest responsive and responsible bidder and staff is recommending that City Council award the contract to Syblon Reid.

Meeting Date: September 20, 2022

Community Engagement and Training
In December 2021, two demonstrations of the siren warning system were conducted at Roxbury Park and Greystone Mansion. The demonstrations were accompanied by advance notices and social media posts to inform the community and solicit feedback. No negative feedback was received as a result of those demonstrations.

Following installation of the sirens, an ongoing public information campaign will be initiated to ensure that the message of the siren tones is understood and people know what action to take when they hear a siren. Additionally, regular periodic siren testing will be performed not only for testing purposes, but also to help increase public awareness of the sirens and their meaning. Staff will work with the surrounding cities and jurisdictional partners to ensure coordination before, during and after potential activations of the outdoor warning system.

ENVIRONMENTAL ASSESSMENT
Staff has reviewed the potential system with respect to the California Environmental Quality Act (CEQA) and believes that the project qualifies for an exemption for specific actions necessary to prevent or mitigate an emergency per Public Resources Code Section 21080(b)(4). The sirens would serve to warn residents of an emergency situation in a very high fire hazard area and City residents of other emergencies, and thus would mitigate emergencies by enhancing communications with the community during such events.
“Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property or essential public services. “Emergency” includes occurrences such as fire, flood, earthquake or other soil or geological movements, as well as such occurrences as riot, accident or sabotage. (Pub. Res. Code Sec. 21060.5.) Further, based on the final design, the project qualifies for a Class 1 exemption for existing facilities because installation of the sirens constitutes the “addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, mechanical equipment, or topographical features, including navigational devices” (CEQA Guidelines Sec. 15301(f)). The sirens will be added to existing City facilities for the protection of the health, safety and welfare of the community (Attachment 3). FISCAL IMPACT
Funds for this purchase order are available in the Capital Improvement Budget in CIP No. 00229.

Shana Epstein,
Director of Public Works
Approved By
Attachment 1

AGENDA REPORT
Meeting Date: September 12, 2022
Item Number:

To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Samer Elayyan, Engineering Services Manager
Subject: A. AWARD OF A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, SYBLON REID CONSTRUCTION, INC., FOR THE

OUTDOOR WARNING SIREN SYSTEM WITHIN THE CITY OF

BEVERLY HILLS, CALIFORNIA, IN THE AMOUNT OF
$1,370,000; AND

APPROVAL OF THE PLANS AND SPECIFICATIONS
THEREFOR WITH RESPECT TO DESIGN CRITERIA; AND

APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF
$1,452,200 TO SYBLON REID CONSTRUCTION, INC., FOR
THE PROJECT; AND

PURSUANT TO THE PROVISIONS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA), THE CITY

COUNCIL WILL ALSO CONSIDER FINDING THE PROJECT

EXEMPT FROM FURTHER REVIEW UNDER CEQA
B. APPROVAL OF AMENDMENT NO. 2 TO AN AGREEMENT

BETWEEN THE CITY OF BEVERLY HILLS AND MISSION

CRITICAL PARTNERS, LLC FOR PROFESSIONAL DESIGN
SERVICES RELATED TO THE CITY-WIDE SIREN SYSTEM;
AND

APPROVAL OF AN INCREASE TO THE PURCHASE ORDER
IN THE AMOUNT OF $153,678 FOR THE CORRESPONDING

AGREEMENT
Attachments: 1. Agreement with Syblon Reid Construction, Inc.

2. Categorical Exemption

3. Agreement No. 03-20
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Meeting Date: September 12, 2022

4. Amendment No.1 to Agreement No. 03-20

5. Amendment No.2 to Agreement No. 03-20

RECOMMENDATION
Staff recommends City Council move to:

A. Approve the award of a contract to the lowest responsible bidder, Syblon Reid Construction, Inc., for the outdoor warning siren system in the amount of $1,370,000; approve the plans and specifications for the project with respect to design criteria; approve a construction contingency of 6% (for a total not to exceed amount of $1,452,200) and delegate the authority to approve change orders to the Director of Public Works; and approve the issuance of a purchase order to Syblon Reid Construction, Inc., in the amount of $1,452,200, and pursuant to the provisions of the California Environmental Quality Act (CEQA), City Council will also consider finding the project exempt from further review under CEQA.

B. Approve Amendment No. 2 to Agreement No. 03-20 with Mission Critical Partners, LLC (MCP) for additional professional services related to the outdoor warning siren system; and approve a change purchase order in the amount of $153,678.

INTRODUCTION
The Outdoor Warning Siren (OWS) System Project will install twelve (12) outdoor emergency warning sirens to add an additional layer of notification redundancy in the event of natural and manmade disasters, primarily for those who are outside when something dangerous is approaching. Through this project, sirens will be placed strategically around the City to ensure maximum coverage of audible alert if the sirens are activated.

DISCUSSION
Award of Construction Contract
This project was originally bid on May 16, 2022, and on June 23, 2022, five (5) bids were received ranging from $1,023,917.86 to $1,938,499.00. The Engineer’s estimate prepared by MCP was $1,200,000. At its meeting on July 12, 2022, City Council rejected all bids, because all bidders did not correctly follow the bid instructions and made one or more in their bids and authorized staff to rebid the project.

On July 28, 2022, a Notice to Bidders was published on the City’s web portal on Planet Bids (planetbids.com) and published in the Beverly Hills Weekly and the Beverly Hills Courier. A pre-bid meeting was also conducted on August 9, 2022. On August 30, 2022, Five (5) bids were received and the bid results were as follows:

Meeting Date: September 12, 2022

Bidder Base Bid Amount
Bid Alternate (5- year extended
warranty)
Total
Universal Technical and
Construction Solutions, Inc. $1,099,038.68 $12,160.00 $1,111,198.68 Syblon Reid Construction,
Inc. $1,325,000.00 $45,000.00 $1,370,000.00
Kindness General
Contractors, Inc. $1,398,200.16 $8,500.00 $1,406,700.16 Guys Construction $1,732,300.00 $37,000.00 $1,769,300.00 MMC, Inc. $2,054,000.00 $75,000.00 $2,129,000.00
Upon review, the bids from Universal Technical and Construction Solutions, Inc. were found to be non-responsive due to listing a sub-contractor that does not possess a contractor’s license within the state of California. In addition, a bid bond for the prime bidder was not submitted with the bid proposal. Syblon Reid Construction, Inc. is the lowest responsive and responsible bidder.

Staff recommends the contract be awarded to Syblon Reid Construction, Inc.

Amendment to Agreement
MCP has been providing design services for the OWS System project since the approval of their original contract (in the amount of $49,700) in January 2020, to develop a comprehensive and actionable preliminary OWS plan. MCP’s contract was then amended in June 1, 2021, to increase the purchase order in the amount of $173,800 to provide final plans and specifications for the OWS system. Amendment No. 2 is for MCP to provide construction support services and testing and acceptance of the OWS system.

Staff recommends that City Council approve Amendment No. 2 to Agreement No. 03-20 with MCP in the amount of $153,678, which includes a contingency in the amount of $13,970 (10%). Community Engagement and Training
In December 2021, two demonstrations of the siren warning system were conducted at Roxbury Park and Greystone Mansion. The demonstrations were accompanied by advance notices and social media posts to inform the community and solicit feedback. No negative feedback was received as a result of those demonstrations. Following installation of the sirens, an ongoing public information campaign will be initiated to ensure that the message of the siren tones is understood and people know what action to take when they hear a siren. Additionally, regular periodic siren testing will be performed not only for testing purposes, but also to help increase public awareness of the sirens and their meaning. Staff will work with the surrounding cities and jurisdictional partners to ensure coordination before, during and after potential activations of the outdoor warning system.

ENVIRONMENTAL ASSESSMENT
Staff has reviewed the potential system with respect to the California Environmental Quality Act (CEQA) and believes that the project qualifies for an exemption for specific Meeting Date: September 12, 2022

actions necessary to prevent or mitigate an emergency per Public Resources Code Section 21080(b)(4). The sirens would serve to warn residents of an emergency situation in a very high fire hazard area, and City residents of other emergencies, and thus would mitigate emergencies by enhancing communications with the community during such events.
“Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property or essential public services. “Emergency” includes occurrences such as fire, flood, earthquakes or other soil or geological movements, as well as such occurrences as riot, accident or sabotage.” (Pub. Res. Code Sec. 21060.5.) Further, based on the final design, the project qualifies for a Class 1 exemption for existing facilities because installation of the sirens constitutes the “addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, mechanical equipment, or topographical features, including navigational devices” (CEQA Guidelines Sec. 15301(f)). The sirens will be added to existing City facilities for the protection of the health, safety and welfare of the community (Attachment 2). FISCAL IMPACT
Funds for these contracts are available in the Capital Improvement Budget in CIP No. 00229.

Shana Epstein,
Director of Public Works
Approved By
Attachment 1

AGREEMENT
THIS AGREEMENT, made and entered into this 12th day of September, 2022, by and between the CITY OF BEVERLY HILLS, a municipal corporation, hereinafter referred to as “City”, and Syblon Reid Construction, Inc.

P.O. Box 100
Folsom, CA 95763
hereinafter referred to as “Contractor”;

W I T N E S S E T H
In this consideration of their covenants the parties hereto agree as follows:

1. Contractor shall furnish all labor, materials and equipment necessary to perform the following work in the City of Beverly Hills, California, strictly in accordance with the Notice to Bidders, Proposal form, Plans and Specifications for such improvement, Standard Contractual Requirements and inclusive of Addendums, each of which documents are made a part of this Contract as though fully set forth herein:

OUTDOOR WARNING SIREN SYSTEM WITHIN THE CITY OF BEVERLY HILLS, CALIFORNIA

2. In consideration of such work City agrees to pay Contractor and Contractor agrees to accept the sum of One Million, Three Hundred Seventy Thousand Dollars and Zero Cents ($1,370,000.00) in the manner provided in subject Plans and Specifications and subject to adjustment provided therein.

3. Concurrently with the execution of this Contract, Contractor shall file with the City the bonds and certificates of insurance specified in said Standard Contractual Requirements.

4. This Contract shall not be assigned without the written permission of the City Council.

IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.

ATTEST:
____________________________________________
HUMA AHMED, City Clerk

CITY OF BEVERLY HILLS,
A municipal corporation
____________________________________________
LILI BOSSE, Mayor
APPROVED AS TO CONTENT:
____________________________________________
GEORGE CHAVEZ, City Manager
CONTRACTOR:
____________________________________________
____________________________________________
SHARON L’HEUREUX DRESSEL, Risk Manager
____________________________________________
____________________________________________
SHANA EPSTEIN, Director of Public Works
APPROVED AS TO FORM:
____________________________________________
LAURENCE S. WIENER, City Attorney
FUNDS AVAILABLE:
____________________________________________
JEFFREY MUIR, Director of Administrative Services/Chief Financial Officer
EXHIBIT “C”
Attachment 2

CITY OF BEVERLY HILLS
Department of Public Works and Transportation
345 North Foothill Road
Beverly Hills, CA 90210-4817
(310) 285-2524
FAX: (310) 278-1838
Notice of Exemption
Name of Project: Outdoor Warning Siren System
Location: City of Beverly Hills – Los Angeles County
Type of Business (if commercial): N/A
Project Description: The project scope of work includes the installation of twelve (12) city-wide outdoor warning sirens to add an additional layer of notification redundancy in the event of natural and manmade disasters, mainly for those who are outside when something dangerous is approaching. The disasters under consideration include wildfires, earthquakes, terrorism, severe weather and flooding due to water dam failure. Through this project, sirens will be placed strategically at City facilities around the City to ensure maximum coverage of audible alert if the sirens are activated Agency Approving Project: City of Beverly Hills Phone: 310-285-2524 Address: 455 N Rexford Drive
City: Beverly Hills Zip: 90210
Person or Agency Carrying Out Project (If different):

Agent’s Name: Same - City of Beverly Hills Phone
Agent’s Address
City Zip
The City Council reviewed the project and concluded that it qualifies for exemption under the State CEQA Guidelines and no further environmental assessment is necessary.

Applicable Exemption Class: CEQA Guidelines Section 15301 (f); Public Resources Code Section 21080(b)(4)
Comments:

The project is exempt from CEQA because the installation of the sirens is an action necessary to mitigate future emergencies by enhancing communications with the community during such events.

Further, the project is exempt because it involves the addition of safety protection devices for use in conjunction with existing city facilities.

Reviewed by: Samer Elayyan Date: 9/1/2022
Samer Elayyan, Engineering Services Manager
Attachment 3
DocuSign Envelope ID: 9F27C418-36AD-4D25-BC 19-AF773F4E93B9

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

MISSION CRITICAL PARTNERS, LLC FOR PROFESSIONAL

DESIGN SERVICES RELATED TO THE CITY-WIDE SIREN
SYSTEM
NAME OF CONSULTANT: Mission Critical Partners, LLC
RESPONSIBLE PRINCIPAL OF CONSULTANT: R. Kevin Murray, CEO CONSULTANT'S ADDRESS: 690 Gray's Wood Blvd
Port Matilda, PA 16870
Attention: R. Kevin Murray, CEO
CONSULTANT'S E.I.N./TAX 1.0. NO.: 26-4026964
AGREEMENT NO. l DB-2.0 ]
CITY'S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: January 6, 2020
TERMINATION DATE: June 30, 2020, unless extended pursuantto Section 2 of this Agreement.

CONSIDERATION: Not to Exceed $49,700.00
DocuSign Envelope ID: 9F27C418-36AD-4025-BC 19-AF773F4E9389

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

MISSION CRITICAL PARTNERS, LLC FOR PROFESSIONAL

DESIGN SERVICES RELATED TO THE CITY-WIDE SIREN
SYSTEM
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called "CITY"), and Mission Critical Partners, LLC, (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. CONSUL TANT represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. CONSUL TANT's Scope of Work. CONSUL TANT 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 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 above.

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.
(a)
Compensation.

Compensation
CITY agrees to compensate CONSUL TANT for the services and/or goods provided under this Agreement, and CONSUL TANT 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 hourly rates set forth in Exhibit B.
2 DocuSign Envelope ID: 9F27C418-36AD-4D25-BC19-AF773F4E93B9 (b) Expenses
CONSUL TANT shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by CONSUL TANT which are not expressly authorized by this Agreement will not be reimbursed by CITY. (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 CONSUL TANT 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 CONSUL TANT or any of CONSUL TANT's employees, except as herein set forth. CONSUL TANT 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 CONSUL TANT without the prior written approval of CITY. Any attempt by CONSUL TANT 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 above shall be principally responsible for CONSUL TANT's obligations under this Agreement and shall serve as principal liaison between CITY and CONSUL TANT. Designation of another Responsible Principal by CONSUL TANT 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. CONSUL TANT 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. 3 DocuSign Envelope ID: 9F27C418-36AD-4D25-BC 19-AF773F4E93B9 Section 11. Insurance.
(a) CONSUL TANT 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) Professional Liability Insurance
A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) 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, CONSUL TANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(5) A policy or policies of Cyber Liability Insurance with minimum limits of Five Million Dollars ($5,000,000) claims made in the aggregate. CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSUL TANT 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) CONSUL TANT 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 CONSUL TANT's expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the City Clerk 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 Clerk such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. 4 DocuSign Envelope ID: 9F27C418-36AD-4D25-BC19-AF773F4E93B9 (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.
(g) The insurance provided by CONSUL TANT 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, CONSUL TANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSUL TANT 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 CONSULT ANT and its insurance carriers.

Section 12. Indemnification.
(a) Indemnity for Design Professional Services. To the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, protect, indemnify, and hold harmless CITY and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those CITY agents serving as independent contractors in the role of CITY officials (collectively "lndemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney's fees and costs of defense (collectively "Liabilities"), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code Section 2782.8(c)(2).
(b) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, CONSUL TANT shall, at its sole cost and expense, defend, hold harmless and indemnify the lndemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Claims"), in law or equity, to the extent caused by the negligence or willful misconduct of CONSUL TANT, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that CONSUL TANT shall bear the legal liability thereof) in the performance of this Agreement, as determined by judicial decision or by the agreement of the Parties. CONSUL TANT shall defend the lndemnitees in any action or actions filed in connection with any Claim with counsel of the lndemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such 5 DocuSign Envelope ID: 9F27C418-36AD-4025-BC19-AF773F4E93B9 defense. CONSUL TANT shall reimburse the lndemnitees for any and all legal expenses and costs incurred by the lndemnitees in connection therewith. (c)
of the Agreement.

All duties of CONSUL TANT under this Section 12 shall survive termination 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 CONSUL TANT be entitled to receive more than the amount that would be paid to CONSUL TANT for the full performance of the services required by this Agreement. CONSUL TANT 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 CONSUL TANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSUL TANT'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. CONSUL TANT 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. CONSUL TANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.

CONSUL TANT 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, CONSUL TANT shall pay CITY's travel, hotel and meal costs to the location where the records are maintained.

CONSUL TANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 17. 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 18. 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 6 DocuSign Envelope ID: 9F27C418-36AD-4D25-BC 19-AF773F4E93B9 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 19. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSUL TANT, 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 20. 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 21. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 22. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSUL TANT.

Section 23. 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. 7 Do cu Sign Envelope ID: 9F27C418-36AD-4025-BC19-AF773F4E93B9 EXECUTED the ..§.lli__ day of J_a_n_u_a_r-_y _ , 201Q_, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation

GEORGE CHAVEZ
City Manager
b,O
CONSUL TANT:

Mission Critical Partners, LLC

JOHN SPEARL Y
Vice President, Director of Administrative
Services
APPROVED AS TO CONTENT:

SHANA EPSTEIN
Director of Public Works

DAREN GRILLEY
City Engineer

SHARON L'HEUREUX DRESSEL
Risk Manager
8 DocuSign Envelope ID: 9F27C418-36AD-4D25-BC19-AF773F4E93B9

EXHIBIT A

SCOPE OF WORK
CONSULTANT shall perform professional design services related to the outdoor warning siren system which shall include preliminary engineering and design services as detailed in this Exhibit.

Task 1: Sound Study
Task 1.1: Project Kickoff Meeting
CONSUL TANT will conduct a project kickoff meeting with the City to:
• Establish mutual acquaintance
• Clarify roles
• Review and confirm the desired outcomes and deliverables CONSULTANT's project manager will facilitate the meeting. Prior to the meeting, CONSULTANT will review available documentation or materials that can be made available such as:
• Letters, surveys, and contracts
• Any previous documentation
• Presentation materials and other items as determined
CONSULTANT will use this opportunity to gain a mutual understanding of the City's future vision of their proposed Outdoor Warning System (OWS).

Task 1.2: On-Site Information Gathering
Interviews and discussions are scheduled in the first few weeks; CONSUL TANT will use this time on-site to gather information. This will enable CONSUL TANT to fully understand what is required of the system both operationally and technically.

CONSUL TANT will methodically step through each element of an OWS and document expectations and requirements of the system. A key focus of this meeting will be the discussion of sites.

CONSUL TANT's analysis will begin with city-owned sites as a priority, but CONSULTANT will need to know all site options available. CONSULTANT understands the City also supports the placement of sirens in the public right-of-ways.

CONSULTANT will review/discuss these as well as any other possible sites owned by city, county or state and any that may cooperate and allow a siren to be installed on their property. The goal of this effort is an 'actionable plan', which include sites that are feasible.

During the assessment, CONSUL TANT will prioritize sites gathered and determine the right combination of them for an optimal solution. If there is an area not served by any sites identified initially, CONSUL TANT will identify where an additional site may be needed, so the City can approach landowners to discuss. 9 DocuSign Envelope ID: 9F27C418-36AD-4025-BC19-AF773F4E93B9 To support CONSUL TANT's information-gathering effort, the City will provide all site information discussed, preferably in geographic information system (GIS) format.

Task 1.3: Sound Propagation Analysis
After CONSUL TANT has fully understood the City's desires and expectations of the proposed OWS with regard to coverage and functionality, CONSUL TANT will then commence the sound propagation analysis. To characterize the City's coverage levels, CONSUL TANT will take the data collected and produce sound propagation maps using our siren planning software to determine levels of coverage achieved from proposed sites.

The coverage models will take into consideration varying geographical topology and environmental factors such as foliage and building density. The study will consider various environmental factors including but not limited to:
• Ambient temperature
• Ambient humidity
• Wind speed
• Wind direction
• Building height
• Terrain
Environmental factors that will be present during Red Flag weather will be of particular importance when modeling coverage, including the understanding of the effects of the Santa Ana winds.

Site selection will be of significant importance. Much of the jurisdiction has deep canyons and steep hills. These geographical elements will pose a challenge.

CONSUL TANT will perform a thorough sound study to ensure the sirens are distributed optimally throughout the City. All options will be assessed and all combinations of sites will be looked at. CONSUL TANT will assess all site data gathered, prioritizing sites as discussed with the City, creating an effective and comprehensive outdoor warning siren system.

This analysis will result in recommendations for most efficient siren distribution across the City, including:
• A list of ranked alternatives for siren sites, giving secondary site options where available
• A sound coverage area for each proposed siren site, taking into account environmental data
• Identification of any areas of the City in which sirens will be ineffective due to geography or other characteristics
10 Do cu Sign Envelope ID: 9F27C418-36AD-4D25-BC 19-AF773F4E9389 Task 2: Site Design Analysis
CONSULTANT will conduct a design analysis for each site selected. This analysis will include recommendations for siren properties and technical features, including:

A list of ranked alternatives for various siren features, including but not limited to:
• Omni-directional and rotating sirens
• High-, low-, and multi-pitch sirens
• Common Alerting Protocol (CAP)-enabled sirens
• Power source redundancy
• Mounting height
Task 3: Present Results of Outdoor Warning Siren System Planning Study CONSULTANT will compile all data collected into a final report, following the development process in the table below:

Table 1: Final Report Process
• Compile and review the draft report i
Draft Report • Answer questions and clarify recommendations and findings i •-,--,-•- .. •-•••···• ·-· .-.�. -··-•-,,-•..- _ _,_,_, -- • ,-. --·-- ·•" • ·- "-'""'• ··--,_., - ,.,.,.,., .. - .,,.-.,. ····- .,,..,- .. --'·'•" •---·--•••-·•·»--•••-••-•W•�---->-•-•--•·-'•"-•-•••�--�,----- �----·- .-{
• Provide a draft report to the City for feedback I
Final Draft • Incorporate the City changes or clarifications into the report I • Provide to the City the final version of the report i • Make one on-site presentation at one community meeting and on� City Council meeting i
Presentations • The method used will be PowerPoint, unless directed otherwise I • Address any final questions or clarifications i
---- --- ------ -- --- -··- ·-----�- ---�L���-s-�-��_?_���-�_n-�-�.!�°.��- ---- ------------ - ------- ---� ------ --·-- .... _ - - . ..J The final report will provide a baseline assessment including a review of:
• Design options available
• Estimated cost for each option
• Estimated ongoing maintenance costs following project completion • Maps showing range of each proposed siren
• Descriptions of recommended siren models, including visuals and detailed lists of technical features
• Limitations on the effectiveness of an Outdoor Warning Siren System in the City of Beverly Hills
11 DocuSign Envelope ID: 9F27C418-36AD-4D25-BC 19-AF773F4E9389 Timeline
During the project kickoff meeting, CONSUL TANT will work with the City to refine the schedule to fit the City's desired project timeline.
i Task 1 I
:_*����_Study _I __ -·--------·--·------·---- --- ... -------------·---------- 1 _
: Site Design Analysis --·--·-----· . ·------ --·----·-- ----·-· __ J _ - _ i Task 3 !
: Present Results of Outdoor Warning S.ireri �y_st�m Plc:1nning_St_u_dy _ _ _ 1 CONSULT ANT understands that weekend or after hours may be required at no additional cost and will need to coordinate the timing of work with City departments to accommodate meetings, events and noise levels.

CONSUL TANT and CITY may mutually agree to additional services outside the scope of this Exhibit in writing before any work will be initiated.

CONSUL TANT guarantees the work shall be performed in accordance with the Scope of Work specified herein and to CITY's full satisfaction and accordance with all relevant codes and regulations.
12 DocuSign Envelope ID: 9F27C418-36AD-4025-BC19-AF773F4E93B9

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSUL TANT for the satisfactory performance of the work described in this Agreement in a total amount not to exceed Forty-Nine Thousand Seven Hundred Dollars ($49,700.00), including all labor, taxes, and reimbursable expenses.

Reasonable expenses incurred in the performance of services under this Agreement shall be reimbursed at cost without markup. Reimbursement expenses over Five Hundred Dollars ($500.00) must be approved by CITY in advance in writing.

In no event shall this Agreement total exceed Forty-Nine Thousand Seven Hundred Dollars ($49, 700.00) including all labor taxes, and expenses, in accordance with the rates set forth below.

Rates Schedule:
1 2
3 Sound Study
Site Design Analysis
Present Results of Outdoor Warning Siren System Planning Study Total Costs
$18,800.00
$15,300.00
$15,600.00
$49,700.00
CONSUL TANT shall obtain CITY's approval in writing if the cost of the services will exceed the proposed amount outlined in the Task chart in this Exhibit.

CONSUL TANT 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. 13 DocuSign Envelope ID: 9F27C418-36AD-4D25-BC 19-AF773F4E93B9

EXHIBIT C

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED

ADDRESS

COMPANIES AFFORDING COVERAGE
A.

B.
c.

COMPANY POLICY EXPIRATION B.I. LIMITS AGGREGATE
(A. 8. C.) COVERAGE NUMBER DATE P.O.

DAUTOMOBILE LIABILITY
0GENERAL LIABILITY

DPRODUCTS/COMPLETED

OPERATIONS

DBLANKET CONTRACTUAL
DcoNSUL TANT'S PROTECTIVE

DPERSONAL INJURY

DEXCESS LIABILITY
DwoRKERS' COMPENSATION
D
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: CONSULT ANT 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 CONSULT ANT's officers, employees, agents or others employed by CONSULT ANT while engaged by CONSULT ANT 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:

AGENCY:

EXHIBIT C
BY:

TITLE:

ADDRESS:
14 Authorized Insurance Representative
RM02.DOC REVISED 10/14/96.

Docu�.
,...
.SECURED
Envelope Originator:

Flora Flowers
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.188.149
Signatures: 5
Initials: 1
Certificate Of Completion
Envelope Id: 9F27C41836AD4D25BC19AF773F4E93B9 Status: Completed Subject: Please DocuSign: MCP Agreement- City-Wide Siren System WH 3 JAN 2020 revised 01.06.2020.pdf Source Envelope:

Document Pages: 14
Certificate Pages: 2
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
1/6/2020 9:27:55 AM
Holder: Flora Flowers
[email protected]
Location: DocuSign
Signer Events
Logan Phillippe
[email protected]
Senior Management Analyst
City of Beverly Hills
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Signature
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Sharon L'Heureux Dressel
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Sharon Dressel
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John Spearly
[email protected]
Vice President & Director of Administration
Mission Critical Partners, LLC
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Daren Grilley
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Shana E. Epstein
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George Chavez
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Flora Flowers
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City of Beverly Hills
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Attachment 4
DocuSign Envelope ID: OBBD44DC-EAAA-4C6D-9278-FE099E7770D7 AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN CITY OF

BEVERLY HILLS AND MISSION CRITICAL PARTNERS, LLC FOR
PROFESSIONAL DESIGN SERVICES RELATED TO THE CITYWIDE SIREN SYSTEM NAME OF CONSUL TANT: Mission Critical Partners, LLC
RESPONSIBLE PRINCIPAL OF CONSUL TANT: Darrin J. Reilly, CEO CONSULTANT'S ADDRESS: 690 Gray's Wood Blvd
Port Matilda, PA 16870
Attention: Darrin J. Reilly, CEO
CONSULTANT'S E.1.N./TAX I.D. NO.: 26-4026964
CITY'S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: January 6, 2020
AGREEMENT NO.

I 1ao-21 I
TERMINATION DATE: June 30, 2020, unless extended pursuant to Section 2 of this Agreement
June 30, 2021 (as extended pursuant to
Section 2 by letter dated July 7, 2020)
May 28, 2023 (as extended by this
Amendment No. 1)
CONSIDERATION:
80785-000 I \253 l 985v2.doc
Original Agreement:

Not to exceed $49,700.00
Amendment No. 1:

Fees not to exceed $158,040.00
Contingency not to exceed $15,760.00
Not to exceed $173,800
Total:

Not to exceed $223, 500. 00 as more
particularly described in Exhibit B
DocuSign Envelope ID: OBBD44DC-EAAA-4C6D-9278-FE099E7770D7 AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN CITY OF

BEVERLY HILLS AND MISSION CRITICAL PARTNERS, LLC FOR
PROFESSIONAL DESIGN SERVICES RELATED TO THE CITYWIDE SIREN SYSTEM This Amendment No. 1 is to that certain Agreement between the City of Beverly Hills, (hereinafter called "CITY"), and Mission Critical Partners, LLC, (hereinafter called "CONSUL TANT") dated January 8, 2020 and identified as Contract No. 03-20 ("Agreement").

RECITALS
A. CITY entered into a written agreement with CONSULTANT for professional design services related to the City-Wide Siren System.

B. CITY and CONSUL TANT desire to amend the Agreement to extend the termination date and increase the consideration to compensate CONSULTANT for the additional services required for final design services and community outreach related to the City-Wide Siren System.

NOW, THEREFORE, the parties agree as follows:

Section 1.
cover page.

Section 2.
cover page.

Section 3.
to read as follows:

The CONSIDERATION is hereby amended as set forth on the The TERMINATION DATE is hereby amended as set forth on the Section 2, "Time of Performance" shall be amended and restated "Section 2. Time of Performance. CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above."
Section 4. Exhibit A, "SCOPE OF WORK," shall be amended to add addional services, as attached hereto and incorporated herein.

Section 5. Exhibit B, "SCHEDULE OF PAYMENT AND RATES," shall be amended and restated as attached hereto and incorporated herein. 2 B0785-000 l \2531985v2.doc
DocuSign Envelope ID: OBBD44DC-EAAA-4C6D-9278-FE099E7770D7 Section 6. Except as specifically amended by this Amendment No. 1, the remaining provisions of the Agreement shall remain in full force and effect.

EXECUTED the _1§L day of __ J u .......... n__ e __ .2021_, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation

ROBERT WUNDERLICH
Mayor of the City of Beverly Hills, California
ATTEST:
-�-°"_a_�_J, ,. (SEAL)

HUMAAHMED
City Clerk
CONSUL TANT: MISSION CRITICAL

PARTNERS, LLC

JOHN SPEARL Y
Vice President, Director of Administrative
Services
APPROVED AS TO FORM:

LAURENCE S. WIENER
City Attorney
80785-000 I \253 I 985v2.doc
3 APPROVED AS TO CONTENT:

GEORGE CHAVEZ
City Manager
SHANA E. EPSTEIN
Director of Public Works

DAREN GRILLEY
City Engineer
Slutirbl,,\; (/ ftWYtttp Ort-sstL

SHARON L'HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: OBBD44DC-EAAA-4C6D-9278-FE099E777007 ATTACHMENT 1 TO EXHIBIT A

ADDITIONAL SCOPE OF WORK
AMENDMENT NO. 1 - ADDITIONAL SERVICES FOR CITY-WIDE OUTDOOR WARNING SIREN (or "Proiect")
Task 1: Community Outreach
Task 1. 1: Project Kickoff Meeting
CONSUL TANT will conduct a Project kickoff meeting with CITY to:
• Clarify roles
• Review and confirm the desired outcomes and deliverables CONSUL TANT will use this opportunity to ensure a mutual understanding of the scope and contractor responsibilities for implementing the proposed outdoor warning siren (OWS) system.

Task 1.2: Workshops
CONSUL TANT will conduct three community workshops with CITY staff, CITY business partners, and residents. These workshops will discuss the preferred siren design CITY has selected for implementation. The workshops will also be used to inform the community of the Project, receive feedback on the function and design of the system, as well as discuss any identified alternatives or options for CITY to consider.

To complement the workshops, CONSULTANT will work with potential vendors to coordinate a demonstration to give CITY staff, CITY business partners, and residents a real-life experience of what they look and sound like.

A collaborative effort between CONSULTANT and CITY will ensure various CITY groups and neighborhood representatives are invited to these workshops to glean a broad range of opinions on this very important Project.

Task 2: Preliminary Engineering Services
CONSUL TANT understands that the goals of the OWS system are to:
• Complement the Beverly Hills Local Hazard Mitigation Action Plan • Provide CITY an additional means to notify the community of an emergency event • Complement the surrounding built environment when not in use Using the information gathered in Phase I, CONSULTANT will provide:
• Complete design plans of the OWS system shall consider:
- Local Hazard Mitigation Action Plan
- Comply with the latest industry practice
- Comply with applicable regulatory requirements
4 80785-0001 \2531985v2.doc
DocuSign Envelope ID: OBBD44DC-EAAA-4C6D-9278-FE099E7770D7 • Specifications and construction cost estimates, suitable for public bidding of the construction contracts for the installation of the Project
• CONSULT ANT will ensure capability for expansion and integration to various locations throughout CITY, including but not limited to:

Parking structures
CITY-owned buildings
- CITY-owned water facilities
- Parks
Recreation facilities
Other facilities as determined
Task 2. 1: Topographical and Spatial Sound Mapping Analysis Based on the final siren locations CONSULTANT will:
• Commence the final topographical and spatial sound mapping analysis • Support the final recommendations for signage placement to help maximize the effectiveness of the visual and audio capabilities of the system To characterize CITY's coverage levels, CONSUL TANT will take the data collected in Phase I and:
• Produce sound propagation maps using our siren planning software to determine levels of coverage achieved from final sites
• Ensure neighboring jurisdictions have minimal audible intrusion The coverage models will take into consideration varying geographical topology and environmental factors such as foliage and building density. The study will also consider various environmental factors that could impact the effectiveness of the system including:
• Ambient temperature
• Ambient humidity
• Wind speed
• Wind direction
Task 2.2: Site Determination and Selection
CONSUL TANT will develop and provide a site design analysis for each of the sites identified in Phase I. CONSULTANT will:
• Provide relevant and comprehensive equipment and construction specifications for each site • Analyze, as appropriate, any sites that are not CITY-owned property and provide a justification for installing sirens in public right-of-way or property that is not owned by the CITY if it is determined that one of the identified sites is problematic during engineering design
5 B0785-000 I \253 l 985v2.doc
DocuSign Envelope ID: OBBD44DC-EAAA-4C60-9278-FE099E777007 Note: Final siren location will be significant as geographical elements could pose a challenge This analysis will result in recommendations for most efficient siren placement.

Task 2.3: Requirements Development
System Design and Capabilities
Using the knowledge and data gathered during Phase I, CONSULTANT will develop a 'requirements definition' of what is required of the OWS. This will focus on two main categories, operational and technical. This definition will describe the coverage area and terrain, as well as the system functions it will be supporting. Other elements, such as resiliency and redundancy, will need to be addressed as well. This definition will not only enable CONSUL TANT to develop a preliminary design and plan but will aid in the procurement of the system as specifications are developed in future tasks.

CONSUL TANT understands CITY is seeking a system that has the ability to produce a:
• Three to five-minute steady siren or horn alert signal to warn of natural disasters • Three to five-minute warbling or wavering siren alter signal or short horn blasts to warn of an eminent danger
• One-minute siren alert test signal
• Intelligible voice message capability to follow or precede the siren or horn sound • Provide complete coverage throughout CITY
The system will also need to feature a modular design capability to allow for additional horns or speakers to be installed to increase sound volume and expand the coverage area as needed and allow the user to modify the direction of the sound in 90, 180, 270, and 360-degree configurations as needed.

Controllers and System Integration
CONSUL TANT understands CITY is seeking the capability to broadcast emergency notifications via real-time and/or pre-recorded messages.

Equally as important as coverage, are the functions of the system. During detailed design the requirements definition will further address items such as:
• Number and location of control points
- Controlling the system with digital control units that are capable of controlling the system onsite and remotely from the field or from within the Emergency Operations Center (EOC) so that the system can be operated from a computer and other wireless technologies, including but not limited to, satellite, radio, and cellular - CONSUL TANT understands failsafe components will be built in as to prevent tampering and/or illicit broadcast for security purposes • Automation of control
- Ensure the ability to both manually and automatically activate the system Ensure the ability to override the system
6 B0785-0001\253 I 985v2.doc
DocuSign Envelope ID: OBBD44DC-EAAA-4C6D-9278-FE099E7770D7 • Integration of Integrated Public Alert and Warning System (IPAWS) and other information sources
- Include options for activation the siren system through IPAWS or the Common Alerting Protocol (CAP) system via signal transmission to the digital control units of the system from local, state, or federal public safety officials - Explore the potential of tying in the system to the Shake Alert Earthquake Early Warning software
• Indoor re-broadcast
• Voice and/or tone messages
While certain functions may or may not affect the coverage of the proposed system, some do. It is important to fully understand the expectations of the system, both in coverage and functionality, before a final decision is made.

CONSUL TANT will assess how the installed sirens may interface with existing infrastructure (i.e., radios, CITY data center, etc.), and identify potential mitigation measures. The · requirements definition will further define the levels of coverage needed to adequately sound not only in special terrain features but in buildings as required.

Visual Notifications and Markings
CONSUL TANT will review options to add a lighting alert mechanism, such as strobe lighting, so that individuals with limited hearing are able to detect the alert. In addition, CONSULTANT will ensure compliance with Federal Aviation Administration (FFA) standards and guidelines, as applicable, and provide support in securing obstruction evaluations and airport airspace analyses.

Power System
CONSULTANT will review and analyze various components within the power system. These components will include:
• Using energy efficient devices
• Using dedicated power feeds
- Secured and independent of other power sources
- Provide maximum operational flexibility
• Using alternate (backup) power sources
- Solar power
- Battery usage
CONSULTANT understands the local utility provider utilizes a Public Safety Power Shut-off (PSPS) program during 'Red Flag' weather conditions. Because of the PSPS program, residents and visitors will possibly go without power during periods of heightened fire danger, resulting in an increased risk of not receiving important communications, including evacuation 7 B0785-0001 \253 l 985v2.doc
DocuSign Envelope ID: OBBD44DC-EAAA-4C6D-9278-FE099E7770D7 orders, via phone, internet, or radio. The OWS must be designed to rely on alternate power with the capacity to send critical alerts when required.

The resilient power supply (primary or alternate) must be available 24x7x365. This includes times where the sun may not be visible due to events occurring at night, daytime clouds or heavy smoke.

Weather and Climate Resistance/Durability
CONSUL TANT will ensure the system is designed for the outdoor environment, resistant to heat and rain or changes in weather conditions for Southern California over the expected lifetime of the equipment.

In Task 2.1, CONSULTANT's coverage models will take into consideration environmental factors including ambient temperature, humidity and other environmental factors.

Of utmost importance is 'Red Flag Warning' weather. The coverage models will consider wind speed and wind direction. CONSULTANT will leverage this information to ensure features are designed to protect the system such as powder-coating or weather-resistant paints to help prevent corrosion and help improve system durability.

CONSUL TANT will ensure the design includes specifications on the operational temperature and humidity range of the system, wind speed survivability, expected lifetime, and maintenance requirements.

System Testing, Maintenance, and Readiness
CONSUL TANT will design and deliver a testing a plan for the system including, but not limited to:
• Growl test
- A growl test allows a functional test to be performed without generating intrusive noise to the neighborhood surrounding the unit tested
• Health status test
• Silent test
CONSUL TANT will work with CITY to ensure the selected vendor's equipment and work performed will be free from defects in materials and workmanship. At a minimum, the equipment will operate in accordance with these specifications for a period of at least one year from the date of final system acceptance.

Design Aesthetics
Equally important as specific locations are the aesthetics of the equipment. CONSUL TANT will assess and recommend equipment options for the OWS system. At a minimum, these recommendations will include equipment color, physical design and locations that ensure design aesthetics complement CITY's streetscape, as well as built environment.

Note: CONSUL TANT will prepare this information for CITY's consideration prior to the community meetings.
8 B0785-000 I \253 I 985v2.doc
DocuSign Envelope ID: OBBD44DC-EAAA-4C6D-9278-FE099E7770D7 Additional Technical Specifications
CONSUL TANT will ensure the proposed system is compliant with all pubic alert system regulations per federal, state, and local guidelines, including but not limited to:
• National Fire Protection Association (NFPA) 70
• National Electrical Code® (NEC)
- CONSULTANT will ensure the system is electrically bonded, grounded and protected in accordance with the NFPA 70 and Motorola R56®.
- NFPA 111 Standard on Stored Electrical Energy Emergency and Standby Power Systems
- Federal Emergency Management Agency (FEMA) OWS standards and guidelines Task 2.4: Community Education Plan
CONSUL TANT will develop a comprehensive community education plan, including but not limited to:
• List of frequently asked questions for CITY to share with community members • Testing schedule for the system
• Guide for the system including the purpose of each type of tone and system feature • Outreach plan for informing the community of the purpose of the system and its capabilities Note: A list of equipment specifications will be provided to be shared with CITY's internal departments. However, for security purposes, this list should be considered confidential and not distributed to the general public.

CONSUL TANT is experienced in educational resources that are available from industry partners including:
• Association of Public-Safety Communications Officials (APCO) • National Emergency Number Association (NENA)
• NFPA
• International Academies of Emergency Dispatch (IAED)
• NEC
CONSUL TANT possesses training, experience, and certification as public safety instructors.

CONSULTANT maintains awareness of developing trends and industry best practices.

CONSULTANT interacts with agencies across the nation. This provides CONSULTANT with a unique opportunity to observe and learn new practices from CONSUL TANT's clients.

Task 2.5: Interconnecting Network
A mission critical OWS is only as reliable as the network that connects it. The same redundancies and reliability factors must be applied to this network as well. Wireless radio systems are a common way to provide this connectivity. As part of this assessment and plan, 9 B0785-0001 \253 l 985v2.doc
DocuSign Envelope ID: OBBD44DC-EAAA-4C6D-9278-FE099E7770D7 CONSUL TANT will assess the options available to CITY regarding an interconnecting radio backhaul network. Elements of this system assessment include:
• Encryption
• Data capability
• Technology
• Frequency band
• Antennas and installation standards
• Resiliency and redundancy
CONSUL TANT will provide recommendations for a dedicated radio communications system.

This analysis will provide the information needed to make recommendations to support effective communications for the OWS.

Task 3: Final Engineering Design
Task 3.1 Final Drawing Package
CONSUL TANT will prepare a final drawing package consisting of plans and specifications for the construction of the OWS system. The package of drawings will include a:
• Title sheet
• General notes
• Plan and profile of the OWS
• Construction details to construct the system
CONSUL TANT will submit drawings for CITY review. The final design drawings will be complete bid-ready plan and profile drawings.

Task 3.2: Engineer's Quantity and Cost Estimate
CONSUL TANT will provide cost estimates and support the general construction cost estimation process, if applicable, by providing input on areas of the construction cost that could be impacted by technological elements under CONSUL TANT's purview.

Task 3.3: Construction Specifications and Bid Documents CONSUL TANT will prepare the notice of inviting bids, the bid proposal, and the technical sections of the construction specifications for the Project. The specifications shall conform to applicable industry practices and applicable regulatory standards.

Task 3.4: Compliance with California Labor Laws
CONSULTANT will prepare construction specifications and bid documents in compliance with the California Labor Code, to include the identifications of all relevant trades and all other requirements dictated by the California Department of Industrial Relations. 10 B0785-0001 \253 l 985v2.doc
DocuSign Envelope ID: OBBD44DC-EAAA-4C6D-9278-FE099E7770D7 Task 4: Contract Document Interpretation and Bidding Assistance CONSULTANT will provide services for construction documents (plans and specifications) interpretation and consultation during the construction bidding phase of the Project.

CONSULTANT will assist CITY in preparing bid addenda as required to provide clarification to contract documents and responses to requests for information (RFI) and requests for clarification (RFC).

Task 5: Meeting and Reports
Task 5.1: Coordination and Design Progress Meetings
CONSUL TANT will conduct bi-weekly design progress and coordination meetings, as determined between CITY and CONSULTANT, at the Beverly Hills Public Works building with CITY staff. CONSUL TANT will prepare and distribute meeting agendas, minutes, and design Project status reports. CONSULTANT will schedule and attend meetings with CITY to review and discuss specific issues not covered during progress meetings.

Task 5.2: Monthly Reports
CONSUL TANT will prepare monthly summary design reports, as appropriate, indicating design job status, schedule update, and current Project costs.

Task 5.3: Meeting Minutes
CONSUL TANT will prepare design meeting minutes and distribute it to CITY for comment prior to finalization.
11 B0785-000 l \253 I 985v2.doc
DocuSign Envelope ID: OBBD44DC-EAAA-4C6D-9278-FE099E7770D7

EXHIBIT B

AMENDED AND RESTATED SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSUL TANT for the satisfactory performance of the work described in this Agreement in a total amount not to exceed Two Hundred Twenty-Three Thousand Five Hundred Dollars ($223,500.00). The fee is based upon CONSULTANT's California Multiple Award Schedule (CMAS) contract vehicle, Contract #3-13-70-3020A, Supplement No. 3.

Reasonable expenses incurred in the performance of services under this Agreement shall be reimbursed at cost without markup. Reimbursement expenses over Five Hundred Dollars ($500.00) must be approved by CITY in advance in writing.

Additional, unforeseen, and unanticipated work outside the Scope of Work described in Exhibit A shall not be undertaken without the express direction by CITY in writing. The cost for such additional services shall not exceed Fifteen Thousand Seven Hundred Sixty Dollars ($15,760.00).

In no event shall this Agreement total exceed Two Hundred Twenty-Three Thousand Five Hundred Dollars ($223,500.00) including all labor taxes, and expenses, in accordance with the rates set forth below.

Rates Schedule:

Original Agreement:
1 Sound Study $18,800
2 3
$15,300
�-�--��������--�����-�����--���-+--������
$15,600
Site Design Analysis
Present Results of Outdoor Warning Siren System Planning Study Amendment No. 1:

Total Costs $49,700
1 2
3 80785-000 I \253 l 985v2.doc
Community Outreach
Preliminary Engineering
Services
Final Engineering Design
12 $38,240 .
$43,000
$52,000.

DocuSign Envelope ID: DBBD44DC-EAAA-4C6D-9278-FE099E777007 4 5
Contract Documents
Interpretation and Bidding
Assistance
Meetings and Reports
Total
$6,000
$18,800
$158,040
These tasks incorporate 13 separate site visits during the duration of the Project.

Any additional services would be performed on a then current Fee Schedule. Prior to initiating any such additional work, CONSUL TANT would require a formal letter of authorization from CITY.

CONSUL TANT 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. 13 B0785-0001 \253 l 985v2.doc
DocuSign·
Certificate Of Completion
Envelope Id: OBBD44DCEAAA4C6D9278FE099E7770D7 Status: Completed Envelope Originator:

Lucy Quiralte
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.188.149
Signatures: 8
Initials: 1
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Subject: Please DocuSign: Amendment No. 1 Agreement #03-20-Mission Critical Partners LLC - May 2021.pdf Source Envelope:

Document Pages: 13
Certificate Pages: 3
AutoNav: Enabled
Record Tracking
Status: Original
5/12/2021 12:12:59 PM
Holder: Lucy Quiralte
[email protected]
Location: DocuSign
Signer Events
Deborah R. Hakman
[email protected]
Security Level: Email, Account Authentication
(None)
Signature
Signature Adoption: Pre-selected Style
Using IP Address: 47.154.24.34
Signed using mobile
Timestamp
Sent: 5/12/202112:18:43 PM
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Signed: 5/12/2021 12:43:35 PM
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John Spearly
[email protected]
Vice President & Director of Administration
Mission Critical Partners, LLC
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Using IP Address: 4.34.24.2
Sent: 5/12/202112:43:37 PM
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Signed: 5/12/2021 1:48:56 PM
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Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
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Using IP Address: 198.245.188.139
Sent: 5/12/2021 12:43:38 PM
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Signed: 5/12/2021 2:36:09 PM
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Daren Grilley
[email protected]
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Sent: 5/12/2021 2:36:12 PM
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Shana E Epstein
[email protected]
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(None)
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Logan Phillippo
[email protected]
Senior Management Analyst
City of Beverly Hills
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Nancy Hunt-Coffey for
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Robert Wunderlich
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Sent: 5/12/2021 2:49:14 PM
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Attachment 5
1 B0785-0001\2709104v2.doc
AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN CITY OF

BEVERLY HILLS AND MISSION CRITICAL PARTNERS, LLC FOR
PROFESSIONAL DESIGN SERVICES RELATED TO THE CITYWIDE SIREN SYSTEM NAME OF CONSULTANT: Mission Critical Partners, LLC
RESPONSIBLE PRINCIPAL OF CONSULTANT: Darrin J. Reilly, CEO CONSULTANT’S ADDRESS: 690 Gray’s Wood Blvd
Port Matilda, PA 16870
Attention: Darrin J. Reilly, CEO
CONSULTANT’S E.I.N./TAX I.D. NO.: 26-4026964
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: January 6, 2020
TERMINATION DATE: June 30, 2020, unless extended pursuant to Section 2 of this Agreement
June 30, 2021 (as extended pursuant to
Section 2 by letter dated July 7, 2020)
May 28, 2023 (as extended by this
Amendment No. 1)
December 31, 2024 (as extended by this
Amendment No. 2)
CONSIDERATION: Original Agreement:

Not to exceed $49,700.00
Amendment No. 1:

Fees not to exceed $158,040.00
Contingency not to exceed $15,760.00
Not to exceed $173,800.00
[Continues on next page]
DocuSign Envelope ID: 4B35FBEE-E3B3-4A5A-A696-1DF8DF1039B2 2 B0785-0001\2709104v2.doc
Amendment No. 2:

Fees not to exceed $139,708.00
Contingency not to exceed $13,970
Not to exceed $153,678.00
Total:

Not to exceed $377,178.00 as more
particularly described in Exhibit B
DocuSign Envelope ID: 4B35FBEE-E3B3-4A5A-A696-1DF8DF1039B2 3 B0785-0001\2709104v2.doc
AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN CITY OF

BEVERLY HILLS AND MISSION CRITICAL PARTNERS, LLC FOR
PROFESSIONAL DESIGN SERVICES RELATED TO THE CITYWIDE SIREN SYSTEM This Amendment No. 2 is to that certain Agreement between the City of Beverly Hills, (hereinafter called "CITY"), and Mission Critical Partners, LLC, (hereinafter called "CONSULTANT") dated January 8, 2020 and identified as Contract No. 03-20, as amended by Amendment No. 1 dated June 1, 2021 and identified as Contract No. 180-21 (“Agreement”).

RECITALS
A. CITY entered into a written agreement with CONSULTANT for professional design services related to the City-Wide Siren System, which was previously amended.

B. CITY and CONSULTANT desire to further amend the Agreement to extend the termination date and increase the consideration to compensate CONSULTANT for the additional services required for final design services and community outreach related to the City-Wide Siren System.

NOW, THEREFORE, the parties agree as follows:

Section 1. The CONSIDERATION is hereby amended as set forth on the cover page.

Section 2. The TERMINATION DATE is hereby amended as set forth on the cover page.

Section 3. Exhibit A, “SCOPE OF WORK,” shall be amended to add Attachment 2 to Exhibit A, Additional Scope of Work, as attached hereto and incorporated herein.

Section 4. Exhibit B, “SCHEDULE OF PAYMENT AND RATES,” shall be amended and restated as attached hereto and incorporated herein.

Section 5. Except as specifically amended by section 3 of Amendment No. 1 and this Amendment No. 2, the remaining provisions of the Agreement shall remain in full force and effect.

DocuSign Envelope ID: 4B35FBEE-E3B3-4A5A-A696-1DF8DF1039B2 4 B0785-0001\2709104v2.doc
EXECUTED the _____ day of ____________ 20___, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation

LILI BOSSE
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)

HUMA AHMED
City Clerk
CONSULTANT: MISSION CRITICAL

PARTNERS, LLC

JOHN SPEARLY
Vice President, Director of Administrative
Services
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
DocuSign Envelope ID: 4B35FBEE-E3B3-4A5A-A696-1DF8DF1039B2 5 B0785-0001\2709104v2.doc
ATTACHMENT 2 TO EXHIBIT A

ADDITIONAL SCOPE OF WORK
AMENDMENT NO. 2 - ADDITIONAL SERVICES FOR CITY-WIDE OUTDOOR WARNING SIREN (or “Project”)
CONSULTANT will ensure the selected outdoor warning siren system contractor accomplishes its Project goals by providing comprehensive project and construction management and contractor oversight. This includes a comprehensive implementation package to manage multiple contractor scopes of work, schedules, and contractual obligations on behalf of CITY.

Establishing CONSULTANT as the single point of contact for the contractor during implementation will result in greater Project success and value from the contractor for a fully integrated solution.

Task 1: Project Management
In this first task, CONSULTANT will:
• Facilitate a kickoff meeting
• Provide leadership throughout the Project by managing all Project elements to ensure success, including the Project schedule
• Ensure the Project is completed on time, on task, and within budget • Hold all parties accountable for performance
• Host weekly project meetings and produce monthly status reports to keep all involved informed of Project status
• Create meeting agendas, lead meetings, and distribute minutes • Adhere to California labor laws
CONSULTANT will provide support throughout the implementation of the system by acting as CITY’s representative in dealing with and coordinating the contractor and other entities that may be involved in the installation of the system.

Duration: This task will take approximately six months to complete. Once completed, CITY will have a Final As-built Drawings package and closeout documents.

Task 2: Construction Management
In Task 2, CONSULTANT will:
• Independently evaluate site development and construction activities • Develop punch lists and ensure contractors are held accountable for resolving issues • Manage and inspect infrastructure equipment implementations • Ensure a smooth implementation by communicating with and aligning all involved • Resolve outstanding punch list and action items
DocuSign Envelope ID: 4B35FBEE-E3B3-4A5A-A696-1DF8DF1039B2 6 B0785-0001\2709104v2.doc
CONSULTANT will make up to four site visits during the critical times of the construction process to initiate the project and determine whether the proper standards for site development, grounding system, and pole installation are being adhered to.

Upon construction completion, CONSULTANT will review the work, create a punch list of items remaining for completion, and collect as-built documentation and drawings for CITY’s records.

In addition, CONSULTANT will provide the certified Motorola R56 expert to conduct an audit of the site.

Duration: Task 2 will take approximately three months to complete. Once completed, CITY will have 12 approved siren site installations.

Task 3: Testing and Acceptance
In Task 3, CONSULTANT will:
• Review contractor test plans and methodology
• Create acceptance test plans for coverage and performance testing • Conduct system testing
• Evaluate training procedures
• Assist with testing compliance and system handover
Duration: This task will take approximately one week to complete. Once completed, CITY will have testing acceptance and project handover, based on a fully executed test plan.

DocuSign Envelope ID: 4B35FBEE-E3B3-4A5A-A696-1DF8DF1039B2 7 B0785-0001\2709104v2.doc

EXHIBIT B

AMENDED AND RESTATED SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSULTANT for the satisfactory performance of the work described in this Agreement in a total amount not to exceed Three Hundred Seventy-Seven Thousand One Hundred Seventy-Eight Dollars ($377,178.00).

Reasonable expenses incurred in the performance of services under this Agreement shall be reimbursed at cost without markup. Reimbursement expenses over Five Hundred Dollars ($500.00) must be approved by CITY in advance in writing.

Additional, unforeseen, and unanticipated work outside the Scope of Work described in Exhibit A shall not be undertaken without the express direction by CITY in writing. The cost for such additional services shall not exceed Twenty-Nine Thousand Seven Hundred Thirty Dollars ($29,730.00).

In no event shall this Agreement total exceed Three Hundred Seventy-Seven Thousand One Hundred Seventy-Eight Dollars ($377,178.00) including all labor taxes, and expenses, in accordance with the rates set forth below.

Rates Schedule:

Original Agreement:

Task Description
Approximate
Costs
1 Sound Study $18,800
2 Site Design Analysis $15,300
3 Present Results of Outdoor Warning Siren System Planning Study $15,600 Total Costs $49,700
Amendment No. 1:

Task Description Fee
1 Community Outreach $38,240
2 Preliminary Engineering
Services $43,000
3 Final Engineering Design $52,000
DocuSign Envelope ID: 4B35FBEE-E3B3-4A5A-A696-1DF8DF1039B2 8 B0785-0001\2709104v2.doc
4 Contract Documents
Interpretation and Bidding
Assistance
$6,000
5 Meetings and Reports $18,800
Total $158, 040
Amendment No. 2:

Professional services outlined in the Scope of Work will be provided for a not-to-exceed fee of $139,708.00. The fee is inclusive of labor and expenses.

CONSULTANT proposes to deliver services on a per-hour basis based on California Multiple Award Schedule (CMAS) contract vehicle, Contract #3-13-70-3020A, Supplement No. 4, with meals and lodging defined at federal per diem rates.

Task Cost
Task 1: Project Management

1.1 Project Quality Control $41,232.00

1.2 Project Status Meetings $19,750.00
Task 2: Construction Management

2.1 Site Inspections and Assurance on Bid Document
Compliance
$42,000.00

2.2 Evaluation of Contractor Documentation $15,607.00
Task 3: Testing and Acceptance

3.1 Evaluation of Test Plans $5,806.00

3.2 Testing Compliance and System Handover $15,313.00
Total $139,708.00
Any additional services would be performed on a then current Fee Schedule. Prior to initiating any such additional work, CONSULTANT would require a formal letter of authorization from CITY.

DocuSign Envelope ID: 4B35FBEE-E3B3-4A5A-A696-1DF8DF1039B2 9 B0785-0001\2709104v2.doc
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.

Pricing Assumptions
• This Scope of Work anticipates a six-month duration, expected to end on February 28, 2023. If the Project goes beyond this date, a reassessment process will be set in motion to determine the additional services needed.
• To be more responsive to the CITY’s needs, CONSULTANT respectfully reserves the right to move professional fees and expenses between tasks, as needed, to complete the Scope of Work, as long as the total amount billed to CITY does not exceed the contract amount.

DocuSign Envelope ID: 4B35FBEE-E3B3-4A5A-A696-1DF8DF1039B2 Certificate Of Completion
Envelope Id: 4B35FBEEE3B34A5AA6961DF8DF1039B2 Status: Sent Subject: Please DocuSign: Mission Critical Partners LLC - AM 2 (03-20).pdf Source Envelope:

Document Pages: 9 Signatures: 5 Envelope Originator:

Certificate Pages: 3 Initials: 0 Flora Flowers
AutoNav: Enabled
EnvelopeId Stamping: Enabled
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
8/31/2022 7:59:09 AM
Holder: Flora Flowers
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
John L Spearly
[email protected]
Director of Contract Administrat
Mission Critical Partners, LLC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 98.235.75.34
Sent: 8/31/2022 8:10:58 AM
Viewed: 8/31/2022 10:00:23 AM
Signed: 9/2/2022 11:22:22 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
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: 9/2/2022 11:22:23 AM
Viewed: 9/2/2022 1:54:00 PM
Signed: 9/2/2022 1:55:08 PM
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Deborah R. Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.230.39
Signed using mobile
Sent: 9/2/2022 1:55:10 PM
Viewed: 9/2/2022 4:12:55 PM
Signed: 9/2/2022 4:13:09 PM
Electronic Record and Signature Disclosure:

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Daren Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.58.17.35
Signed using mobile
Sent: 9/2/2022 4:13:11 PM
Viewed: 9/2/2022 4:41:34 PM
Signed: 9/2/2022 4:41:40 PM
Electronic Record and Signature Disclosure:

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Shana E. Epstein
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Director of Public Works
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Logan Phillippo
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Senior Management Analyst
City of Beverly Hills
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Attachment 2

AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of September, 2022, by and between the CITY OF BEVERLY HILLS, a municipal corporation, hereinafter referred to as “City”, and Syblon Reid
P.O. Box 100
Folsom, CA 95763
hereinafter referred to as “Contractor”;

W I T N E S S E T H
In this consideration of their covenants the parties hereto agree as follows:

1. Contractor shall furnish all labor, materials and equipment necessary to perform the following work in the City of Beverly Hills, California, strictly in accordance with the Notice to Bidders, Proposal form, Plans and Specifications for suc h improvement, Standard Contractual Requirements and inclusive of Addendums, each of which documents are made a part of this Contract as though fully set forth herein:

OUTDOOR WARNING SIREN SYSTEM WITHIN THE CITY OF BEVERLY HILLS, CALIFORNIA

2. In consideration of such work City agrees to pay Contractor and Contractor agrees to accept the sum of One Million, Three Hundred Seventy Thousand Dollars and Zero Cents ($1,370,000.00) in the manner provided in subject Plans and Specifications and subject to adjustment provided therein.

3. Concurrently with the execution of this Contract, Contractor shall file with the City the bonds and certificates of insurance specified in said Standard Contractual Requirements.

4. This Contract shall not be assigned without the written permission of the City Council.

IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.

ATTEST:
____________________________________________
HUMA AHMED, City Clerk

CITY OF BEVERLY HILLS,
A municipal corporation
____________________________________________
LILI BOSSE, Mayor
APPROVED AS TO CONTENT:
____________________________________________
GEORGE CHAVEZ, City Manager
CONTRACTOR:
____________________________________________
____________________________________________
SHARON L’HEUREUX DRESSEL, Risk Manager
____________________________________________
____________________________________________
SHANA EPSTEIN, Director of Public Works
APPROVED AS TO FORM:
____________________________________________
LAURENCE S. WIENER, City Attorney
FUNDS AVAILABLE:
____________________________________________
JEFFREY MUIR, Director of Administrative Services/Chief Financial Officer
EXHIBIT “C”
Attachment 3

CITY OF BEVERLY HILLS
Department of Public Works and Transportation
345 North Foothill Road
Beverly Hills, CA 90210-4817
(310) 285-2524
FAX: (310) 278-1838
Notice of Exemption
Name of Project: Outdoor Warning Siren System
Location: City of Beverly Hills – Los Angeles County
Type of Business (if commercial): N/A
Project Description: The project scope of work includes the installation of twelve (12) city-wide outdoor warning sirens to add an additional layer of notification redundancy in the event of natural and manmade disasters, mainly for those who are outside when something dangerous is approaching. The disasters under consideration include wildfires, earthquakes, terrorism, severe weather and flooding due to water dam failure. Through this project, sirens will be placed strategically at City facilities around the City to ensure maximum coverage of audible alert if the sirens are activated Agency Approving Project: City of Beverly Hills Phone: 310-285-2524 Address: 455 N Rexford Drive
City: Beverly Hills Zip: 90210
Person or Agency Carrying Out Project (If different):

Agent’s Name: Same - City of Beverly Hills Phone
Agent’s Address
City Zip
The City Council reviewed the project and concluded that it qualifies for exemption under the State CEQA Guidelines and no further environmental assessment is necessary.

Applicable Exemption Class: CEQA Guidelines Section 15301 (f); Public Resources Code Section 21080(b)(4)
Comments:

The project is exempt from CEQA because the installation of the sirens is an action necessary to mitigate future emergencies by enhancing communications with the community during such events.

Further, the project is exempt because it involves the addition of safety protection devices for use in conjunction with existing city facilities.

Reviewed by: Samer Elayyan Date: 9/1/2022
Samer Elayyan, Engineering Services Manager