Item E-14 Agenda Report — Beverly Hills City Council, June 18, 2024

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AGENDA REPORT
Meeting Date: June 18, 2024
Item Number:

To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Karen Domerchie, Project Manager
Subject: AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS AND EFI GLOBAL, INC. (AS
ASSIGNEE OF LINDMARK ENGINEERING, INC.) FOR
ENVIRONMENTAL SOIL INVESTIGATION OF SINKHOLE AT 344
FOOTHILL ROAD; AND
APPROVAL OF A CHANGE PURCHASE ORDER IN THE NOTTO-EXCEED AMOUNT OF $201,250 Attachments: 1. Agreement

2. Amendment No. 1

3. Amendment No. 2

4. Amendment No. 3

5. Amendment No. 4

6. Amendment No. 5

RECOMMENDATION
Staff recommends that City Council approve Amendment No. 5 to Agreement No. 549- 22 with EFI Global, Inc. for the environmental soil investigation of a sinkhole at 344 Foothill Road (Alden Lot); and approve a change purchase order to EFI Global, Inc. for a total not-to-exceed amount of $201,250.

INTRODUCTION
The City purchased the subject property in 1997 from Southern California Gas Company. It is located on a single parcel (AIN 434-200-9906) shared with the Dog Park at 344 Foothill Road. However, the sinkhole and work site area are located on a portion of the property separate from the Dog Park, accessible from Alden Drive often referred to as the Alden Lot, which does not have its own official address. City permit records show that a commercial building on the property was demolished in approximately 1984 by an owner prior to Southern California Gas Company.

Meeting Date: June 18, 2024

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In mid-2021, Mercedes Benz of Beverly Hills notified the City that there was a small sinkhole at the Alden parking lot, which is the parking lot across the street from the Mercedes Benz dealership. After the sinkhole was discovered, it gradually increased in size.

The Alden Lot has been leased to Mercedes Benz of Beverly Hills, which has its service center across the street, for parking since 2004. While the work to repair the sinkhole continues to take place, the City has offered alternative parking for areas affected by the work site in a parking structure nearby, and the tenant continues to pay all rent as required under the lease.

DISCUSSION
At the May 21, 2024 City Council meeting, and pursuant to emergency contracting procedures under Public Contract Code Section 22050 (which is included by reference in Beverly Hills Municipal Code (“BHMC”) Section 3-3-303), staff notified City Council regarding a sinkhole that was found at the parking lot located at 344 Foothill Road and required environmental cleanup efforts, which was contracted with American Integrated Services, Inc. under provisions of Public Contract Code mentioned above. During this process, environmental consultant EFI Global, Inc. provided services with several additions to the scope of work as the investigation unfolded and new discoveries were made.

A summary of findings and project development was included in the May 21, 2024 staff report; below is a synopsis based on EFI Global, Inc.’s involvement in the project.

The City contracted with environmental consultant, EFI Global, Inc., and geotechnical engineering firm, Geotechnologies, Inc., to perform an investigation and provide recommendations on how to repair the sinkhole.

EFI Global, Inc. performed an environmental soils investigation, including drilling soil borings and collecting soil samples. Test results revealed metals detected below the total threshold concentration limits. Total petroleum hydrocarbon and all volatile organic compounds (VOCs) were found to be non-detectable, and the general contractor started excavation work to expose the existing vault and preparation for backfilling. However, during excavations, deteriorated oil drums were discovered inside the vault. Construction work was halted immediately, and, per the emergency contracting procedures in Public Contract Code Section 22050 (which is incorporated in BHMC Section 3-3-303), the City requested EFI Global, Inc. to contract with American Integrated Services, Inc., a licensed hazardous materials contractor, to clean up the site the same day.

Due to several winter storms, the site was secured for any potential run-off, and starting in February 2024, American Integrated Services, Inc. pumped water out of the vault and continued excavating inside the vault to determine the presence of any other garbage or hazardous materials inside the vault as well as trying to locate the bottom of the concrete vault. EFI Global, Inc. continued to support this work by providing continuous monitoring and materials testing to ensure compliance with regulatory agency requirements.

EFI Global, Inc.’s agreement was amended a few times to keep up with new discoveries due to depth of excavations. Professional services included performing environmental investigations of the soil and water, sampling and testing material, and dust monitoring services during excavations as well as preparing reports of findings and Meeting Date: June 18, 2024

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recommendations. Staff recommends that City Council approve Amendment No. 5 to Agreement No. 549-22 with EFI Global, Inc. for this work.

Fiscal Summary
On August 1, 2022, Agreement No. 549-22 (Attachment 1) in the amount of $11,100 was issued to Linmark Engineering, Inc. to perform soil sampling including drilling of three borings, laboratory analysis of the soil, and the preparation of a soil assessment report.

Amendment No. 1 (Attachment 2) was approved to assign the contract from Lindmark Engineering, Inc. to EFI Global, Inc.

Amendment No. 2 (Attachment 3) in the amount of $3,460 was issued for dust monitoring services during the geotechnical investigation of the sinkhole in November 2022.

Amendment No. 3 (Attachment 4) in the amount of $9,900 was issued for dust monitoring services while Emilio Ramirez DBA Ramco General Engineering Contractors was excavating in preparation to repair the asphalt parking lot in January 2024.

Amendment No. 4 (Attachment 5) in the amount of $74,540 included the cost for subcontract work with American Integrated Services, Inc. to perform an emergency cleanup of the oil drums and other debris that was found inside the existing underground concrete vault in January 2024.

Staff recommends that City Council approve Amendment No. 5 (Attachment 6) in the amount of $102,250 for ongoing environmental consulting and dust monitoring services at 344 Foothill Road. If Amendment No. 5 is approved, the total contract amount would be a not-to-exceed amount of $201,250.

FISCAL IMPACT
There is $201,250 available in Miscellaneous and Unplanned Construction Projects (CIP #00815, Fund 405). No additional funds are requested at this time.

Shana Epstein,
Director of Public Works
Approved By
Attachment 1
Prof. Consult. (1864059v8)

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
LINDMARK ENGINEERING, INC. FOR ENVIRONMENTAL SOIL
INVESTIGATION OF SINKHOLE AT 344 FOOTHILL ROAD
NAME OF CONSULTANT: Lindmark Engineering, Inc.

RESPONSIBLE PRINCIPAL OF CONSULTANT: Ulf Lindmark, President CONSULTANT’S ADDRESS: 2625 Townsgate Road, Suite 330
Westlake Village, CA 91361
Attention: Ulf Lindmark, President
CONSULTANT’S E.I.N./TAX I.D. NO.: 90-0743596
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: August 1, 2022
TERMINATION DATE: December 31, 2022
CONSIDERATION: Professional Fees: Not to exceed
$10,091.00
Contingency for Additional Work: Not to
Exceed $1,009.00
Total Not to Exceed: $11,100.00, as more
fully described in Exhibit B
DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 549-22
AGREEMENT NO.

I I
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
LINDMARK ENGINEERING, INC. FOR ENVIRONMENTAL SOIL
INVESTIGATION OF SINKHOLE AT 344 FOOTHILL ROAD
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”) and Lindmark Engineering, Inc. (hereinafter called “CONSULTANT”).

RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.

B. CONSULTANT represents that it is qualified and able to perform the Scope of Works.

NOW, THEREFORE, the parties agree as follows:

Section 1. Scope of Work.
(a) CONSULTANT’s Scope of Work. CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.

Section 2. Time of Performance.

CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.

Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B. (b) Expenses
CONSULTANT shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by CONSULTANT which are not expressly authorized by this Agreement will not be reimbursed by CITY.

DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 3 (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.

Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.

DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 4 (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, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.

DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 5 (i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.

Section 12. Indemnification.
(a) CONSULTANT agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) All duties of CONSULTANT shall survive termination or expiration of the Agreement.

Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation.

Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.

Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.

CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained.

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

DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 6 Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.

Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.

Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 7 EXECUTED the day of 20___, at Beverly Hills,
California.

CITY OF BEVERLY HILLS
A Municipal Corporation
JEFF S. MUIR
Director of Finance
CONSULTANT: Lindmark Engineering, Inc.

ULF LINDMARK, PE, BCEE
President/Secretary/Chief Financial Officer
APPROVED AS TO CONTENT:

SHANA E. EPSTEIN
Director of Public Works

MANDANA MOTAHARI
City Architect
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 31st August 22
8 EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
Under the direction of the City Architect or designee, CONSULTANT shall perform an environmental soil investigation of the sinkhole at the Mercedes-Benz dealership parking lot located at 344 Foothill Road, Beverly Hills, California. Scope of Work includes the preparation of a site health safety plan, soil sampling including three borings, laboratory analysis of the soil samples for arsenic and waste profiling, preparation of a soil assessment report, and project management and administration as described below.

Task 1 – Planning and Preparation
Site Health Safety Plan
CONSULTANT will prepare a site-specific health and safety plan (HASP) prepared to address the proposed scope of work. The HASP will meet the requirements of California Code of Regulations Title 8, Section 5192, “Hazardous Waste Operations and Emergency Response,” and address the proposed drilling and soil sampling. The on-site health and safety officer will be responsible for the implementation of the HASP.

Utility and Agency Notification
In accordance with state law, CONSULTANT will pre-mark all proposed boring locations and notify Underground Service Alert (USA) at least 48 hours before commencing any drilling activities at the site. USA will notify companies and agencies that may have underground utilities in the vicinity to mark their respective utilities on the ground with spray paint so that they can be avoided during drilling. USA will not mark utilities within the site boundary.

Task 2 – Soil Sampling, Laboratory Analysis for Arsenic and Waste Profiling CONSULTANT will drill three borings to an approximate depth of 10 feet around the perimeter of the sinkhole. CONSULTANT will collect three soil samples from each boring at approximately two (2), five (5), and ten (10) feet below ground surface. The soil samples will be collected in laboratory-cleaned glass jars with Teflon seals. Any reused sampling equipment will be thoroughly decontaminated between samples.

The samples will be labeled and stored in a chilled ice chest for transport under chain-of-custody documentation to American Scientific Laboratories, LLC (ASL), a state-certified laboratory, for analysis. CONSULTANT proposes to analyze each soil sample for arsenic by Environmental Protection Agency (EPA) Method 6010B.

CONSULTANT will obtain a representative waste profile sample for analysis for Title 22 Metals by EPA Method 6010B/7471A, volatile organic compounds by EPA Method 8260B, and total petroleum hydrocarbons (gasoline, diesel, and oil) by EPA Method 8015M. The analyses will be performed on a one-week turnaround.

DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 9 Task 3 – Preparation of Soil Assessment Report
Following the implementation of the fieldwork and laboratory analyses, CONSULTANT will prepare and submit a report that will document all field activities, present an analysis of the data obtained, and present assessment findings. The report will include the following:
 Vicinity map and site plan;
 Tabulation of analytical data from laboratory reports;  Summary of field activities;
 Soil classification table;
 Laboratory reports and chain-of-custody documentation;  Assessment findings and conclusions; and
 Recommendations.

Task 4 – Project Management and Administration
This task includes communication with CITY and project administration.

ASSUMPTIONS
The following are assumptions and exclusions for this Scope of Work:
• The steel plate covering the sinkhole will be removed by others prior to the commencement of fieldwork.
• Costs for laboratory analysis of metals assume total threshold limit concentration (TTLC) only. Costs for additional analyses, such as the soluble threshold limit concentration (STLC), or toxicity characteristic leaching procedure (TCLP) used for elevated metal concentrations for waste classification at landfills, are not anticipated and are therefore not included in the budget.
• Unexpected site conditions or adjustments to the Scope of Work by CITY may result in a cost amendment.

II. INFECTIOUS DISEASE
A. The federal government and State of California, the County of Los Angeles, and CITY have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for CITY employees and the community, CITY is requiring all contractors and CONSULTANT to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively “CONSULTANT employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.

B. CONSULTANT shall notify CITY immediately in writing if CONSULTANT or CONSULTANT employees have come in contact with anyone with an infectious disease or has DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 10 contracted an infectious disease. Such CONSULTANT employees shall immediately cease performing services under the Agreement.

C. CONSULTANT shall monitor CONSULTANT employees’ signs and symptoms with written logs. CONSULTANT shall maintain a daily recording of the following:

1. Require CONSULTANT employees to take their temperature each time they enter and exit CITY facilities (both before and after work is performed at CITY facilities).

2. If CONSULTANT employees have any symptoms of COVID-19, the common cold, or influenza including but not limited to a fever (100°F or higher), cough, trouble breathing, CONSULTANT shall:
(a) Direct employees not to report to work.
(b) Contact your CITY Responsible Principal.

3. CONSULTANT shall ask employees to identify any close contact they had with others at a CITY facility during the 48 hours prior to symptom onset or positive test, if asymptomatic. Close contact is defined as individuals who are within 6 feet of each other for 15 minutes or more over a 24 hour period. This definition may be modified by the Centers for Disease Control and/or the Los Angeles County Public Health Department.

4. CONSULTANT shall disinfect all areas that CONSULTANT’s employees come in contact with while performing services under the Agreement before and after usage.

5. CONSULTANT employees shall not return to any CITY facility until they meet the quarantine / isolation guidance* of the Los Angeles County Department of Public Health. * CONSULTANT acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance workplaces.

D. CONSULTANT shall also maintain daily monitoring and record keeping in connection with CITY projects where CONSULTANT employees come on site for the following information:

1. Projects are adhering to Social Distancing and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.

2. CONSULTANT employees are not working while sick.

3. CONSULTANT shall notify their CITY Project Manager or CITY Responsible Principal prior to reporting on site daily.

4. CONSULTANT shall contact their CITY Project Manager or CITY Responsible Principal to reschedule non-essential services.

E. CONSULTANT shall provide employees with handwashing and sanitizing equipment.

These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not.

DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 11 CONSULTANT shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.

For the latest CITY updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus
CITY reserves the right to review CONSULTANT’s daily logs to ensure compliance with this Agreement. CITY has the right to send CONSULTANT employees home who do not comply with these requirements. CONSULTANT shall maintain the recordings and logs in accordance with the Agreement.

For questions, please contact CITY’s Responsible Principal or Risk Management at 310-285- 1073.

DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 12 EXHIBIT B

SCHEDULE OF PAYMENT AND RATES

CITY shall compensate CONSULTANT for the satisfactory performance of the work described in this Agreement on a time-and-materials basis a total amount not to exceed Ten Thousand Ninety-One Dollars ($10,091.00), including all labor, taxes, and reimbursable expenses at the rates shown in the table below and in Attachment 1 to Exhibit B.

Contingency in an amount not to exceed One Thousand Nine Dollars ($1,009.00) for additional, unforeseen, and unanticipated work outside the Scope of Work described in Exhibit A and shall not be undertaken without the express direction by the CITY in writing. Compensation for said additional work shall be mutually agreed upon by CITY and CONSULTANT in writing.

In no event shall this Agreement total exceed Eleven Thousand One Hundred Dollars ($11,100.00).

Professional Hourly Rates
Chief/Managing Principal $230.00
Senior Engineer/Geologist/Scientist/Project Manager $180.00 Project Engineer/Geologist/Scientist/Manager $150.00
Staff Engineer/Geologist/Scientist $125.00
Assistant Engineer/Geologist/Scientist $110.00
Senior Engineering Technician $100.00
CAD Operator $90.00
Engineering Technician $80.00
Project Coordinator $70.00
Permits and Outside Services: Permit fees and outside services, including but not limited to laboratory, drilling, disposal, excavation, equipment rental, messenger/express mail, and reproduction, will be charged at cost plus 10%.

Labor associated with fieldwork extending beyond an eight-hour day will be billed at 1.2 times normal hourly rates. Fieldwork performed on weekends will be billed at 1.5 times normal hourly rates. Additionally, expert witness hours associated with court appearances, depositions, expert witness, and public hearings will be billed at $300/hour (four-hour minimum) rates.

CONSULTANT reserves the right to modify this schedule once a year by providing CITY with thirty (30) days’ prior notice.

DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 13 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 thirty (30) days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.

DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 14 ATTACHMENT 1 TO EXHIBIT B
DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7

SUPPLEMENTAL BILLING LIST
Soi I and Water
Unit# Rate Unit# Rate
01 HMd-aLger and Sal S.mpler $3:lklay 30 Aquit!r Data Logger(lk:hanne~ $12Qfday 02 Lilel'Gable Locat:>r $100k!ay 31 Dissolved Oxygen Meler $40/day 03 Melal 0e(e::ta $5:lklay 38 ORP/pl-Vr emp Meler $20/day 05 Portable Generat:>r $5:lklay 67 Soinst Leve gel® System (4 Leve gers/1 $10Qfday Barologger}
07 Demdition er $75klay 68 Soinst Leve gel® System (4 Leve gers/1 $40Q -eek Barologger}
08 Brass~s $9each 69 Soinst Leveloggel® System (4 Leveloggers/1 s12oomontl Barologger}
13 Disposable Baler $12each 101 En Caal!) S.mpler $12each 14 Conductivity/pH/Temp'TDSIORP Morilor $40k!ay 102 Passive Skinmer/01 Trap $5:lmontl 15 Waler-Eve! lndicata $3:lklay 103 AiCoolpre~r $12Qfday 16 Level a ran ·1 and Rod $40klay 104 Slail Steel~s $15each 18 SulxnelSible PllllP $5:lklay 105 DC P119irg Pllllp $25/day 19 Interlace Probe $40klay 105 Patable Hact® Colof.-neler $&:)/day 21 Tllbidity Meler $~klay
Air and Gas
Unit# Rate Unit# Rate
50 Draeger T !bes $15each 54 V <l}a Probes $15 each
51 M33neheli:: GaLge $10klay 55 Flam&-ionizatK>n De!edor $~Qfday 52 Photo-mizatK>n De!edor (PIO} $125klay 155 Flam&-ionizat.K>n De!edor $00Q -eek 152 Photo-mizatK>n De!edor (PIO} $375/Neek 56 Tedlar Bags $15each 53 Pitlt Tubes $10klay
Monitoring Well Installation Materials
Unit# Rate Unit# Rate
60 55-Ga'lon DOT-Approved Drllll $60each 64 Wei Box (8-inch} $100each 61 2-inch Lcxmg Wei ~ S25each 65 As~ltPath $~/.torirg
62 4-inch Lcxmg Wei ~ $JO each 66 Wei Box (12-incti} $145each 63 Concrete (00-lb. bag} $12each
Health and Safety Equipment
Unit# Rate Unit# Rate
70 Tyvek Suit. steel-toed Boots $1 &day.person 72 Level B Prolectioo $150klay/persoo 71 Level C Prote::tion (llld. resprata and fooe shield} $4Qfday,person Vehicles
Unit# Rate Unit# Rate
90 CllMieage $0.65.mie 91 Vm/Truok Mieage $0.65/nie
92 Heavy-duty Truck $00klay 93 Heavy-duty Truck MJeage $0.00/nje Miscellaneous
Unit# Rate Unit# Rate
06 'vls:iueen 6 mi ~'x100' $110/ea 73 D-Size Bkle Lile Prill $2.00each 40 Smal Consllll~es (11d. <;jMlS. water, rope, l<l)e, Nile, pens. bot s. p • l warning l<l)e, dis led water. etc.} $3:lklay 115 Cut-afSaN S10Qfday

EXHIBIT C

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

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION


It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.

In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.

Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:

RM02.DOC REVISED 10/14/96.

DocuSign Envelope ID: 2557955C-AEFC-423A-9442-A52C508E2BC7 Certificate Of Completion
Envelope Id: 2557955CAEFC423A9442A52C508E2BC7 Status: Completed Subject: Please DocuSign: Lindmark Engineering, Inc. - Soil Investigation at 344 Foothill Road Source Envelope:

Document Pages: 15 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Erin Justus
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
8/26/2022 9:05:35 AM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.195.139.25
Signed using mobile
Sent: 8/26/2022 9:18:02 AM
Viewed: 8/26/2022 10:39:48 AM
Signed: 8/26/2022 10:39:57 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Ulf Lindmark
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 45.59.219.110
Sent: 8/26/2022 10:39:59 AM
Viewed: 8/26/2022 5:22:24 PM
Signed: 8/26/2022 5:22:56 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Mandana Motahari
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 8/26/2022 5:22:57 PM
Resent: 8/29/2022 7:48:54 AM
Resent: 8/30/2022 7:43:11 AM
Resent: 8/31/2022 10:23:21 AM
Viewed: 8/31/2022 10:36:57 AM
Signed: 8/31/2022 10:37:30 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 8/31/2022 10:37:32 AM
Viewed: 8/31/2022 12:19:07 PM
Signed: 8/31/2022 12:19:32 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
DocuSign·
Signer Events Signature Timestamp
Jeff S. Muir
[email protected]
Director of Finance
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.58.17.108
Signed using mobile
Sent: 8/31/2022 12:19:34 PM
Viewed: 8/31/2022 12:27:12 PM
Signed: 8/31/2022 12:27:43 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/26/2022 9:18:02 AM
Certified Delivered Security Checked 8/31/2022 12:27:12 PM Signing Complete Security Checked 8/31/2022 12:27:43 PM Completed Security Checked 8/31/2022 12:27:43 PM
Payment Events Status Timestamps
Attachment 2
1 c/29342
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF
BEVERLY HILLS AND EFI GLOBAL, INC. (AS ASSIGNEE OF
LINDMARK ENGINEERING, INC.) FOR ENVIRONMENTAL SOIL
INVESTIGATION OF SINKHOLE AT 344 FOOTHILL ROAD
NAME OF CONSULTANT: EFI Global, Inc. (as assignee of Lindmark Engineering, Inc.)
RESPONSIBLE PRINCIPAL Ulf Lindmark, Senior Principal
OF CONSULTANT:

CONSULTANT'S ADDRESS: 317 S. Isis Avenue, Suite 207
Inglewood, CA 90301
CONSULTANT’S E.I.N./TAX I.D. NO.: 34-2028648
CITY'S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
AGREEMENT COMMENCEMENT DATE: August 1, 2022
TERMINATION DATE: December 31, 2022 (original termination date) CONSIDERATION: Original Agreement:

Professional Fees: Not to exceed $10,091.00
Contingency for Additional Work: Not to Exceed
$1,009.00
Total Not to Exceed: $11,100.00, as more fully
described in Exhibit B
Amendment No. 1:

No additional consideration
Total:

Not to exceed $11,100.00, as more fully described in
Exhibit B of the original Agreement
DocuSign Envelope ID: 92A65139-C09E-4B49-8514-311E8730A48D 602-22
AGREEMENT NO.

I I
2 c/29342
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF
BEVERLY HILLS AND EFI GLOBAL, INC. (AS ASSIGNEE OF
LINDMARK ENGINEERING, INC.) FOR ENVIRONMENTAL SOIL
INVESTIGATION OF SINKHOLE AT 344 FOOTHILL ROAD
This Amendment No. 1 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and EFI Global, Inc. (as assignee of Lindmark Engineering, Inc.) (hereinafter called "CONSULTANT") dated August 31, 2022 and identified as Contract No. 549-22 (“Agreement”).

RECITALS
A. CITY and Lindmark Engineering, Inc. entered into a written agreement for an environmental soil investigation of the sinkhole at 344 Foothill Road.

B. CITY and CONSULTANT desire to amend the Agreement due to assignment of the Agreement from Lindmark Engineering, Inc. to EFI Global, Inc.

NOW, THEREFORE, the parties agree as follows:

Section 1. All references in the Agreement to CONSULTANT shall mean EFI Global, Inc.

Section 2. CONSULTANT’S ADDRESS shall be amended as set forth on cover page.

Section 3. This Amendment shall be effective as of September 28, 2022.

Section 4. Except as specifically amended by this Amendment No. 1, the remaining provisions of the Agreement shall remain in full force and effect.

DocuSign Envelope ID: 92A65139-C09E-4B49-8514-311E8730A48D 3 c/29342
EXECUTED the _____ day of __________________, 20___, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation
SHANA E. EPSTEIN
Director of Public Works
CONSULTANT: EFI Global, Inc. (as assignee
of Lindmark Engineering, Inc.)

MATTHEW RODDA
Vice President

MICHAEL SHOOK
Senior Vice President
APPROVED AS TO CONTENT:

MANDANA MOTHARI
City Architect
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 92A65139-C09E-4B49-8514-311E8730A48D 4th October 22
fuattlAJ lAI &zJ.Ja.

Certificate Of Completion
Envelope Id: 92A65139C09E4B498514311E8730A48D Status: Completed Subject: Complete with DocuSign: EFI Global, Inc. (549-22) Amendment No. 1 Source Envelope:

Document Pages: 3 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Erin Justus
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
9/29/2022 2:00:54 PM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 9/29/2022 2:08:25 PM
Viewed: 9/30/2022 1:41:28 PM
Signed: 9/30/2022 1:41:36 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Matthew Rodda
[email protected]
Vice President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 148.64.20.23
Sent: 9/30/2022 1:41:37 PM
Viewed: 10/3/2022 7:16:46 AM
Signed: 10/3/2022 9:20:45 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Michael Shook
[email protected]
Senior Vice President
EFI Global Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 108.245.106.46
Signed using mobile
Sent: 9/30/2022 1:41:38 PM
Viewed: 9/30/2022 1:48:31 PM
Signed: 9/30/2022 3:59:34 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Mandana Motahari
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.229.96
Signed using mobile
Sent: 10/3/2022 9:20:47 AM
Resent: 10/4/2022 8:54:41 AM
Viewed: 10/4/2022 11:47:34 AM
Signed: 10/4/2022 11:47:50 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
DocuSign·
Signer Events Signature Timestamp
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 10/4/2022 11:47:51 AM
Viewed: 10/4/2022 1:44:49 PM
Signed: 10/4/2022 1:45:12 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/29/2022 2:08:25 PM
Certified Delivered Security Checked 10/4/2022 1:44:49 PM Signing Complete Security Checked 10/4/2022 1:45:12 PM
Completed Security Checked 10/4/2022 1:45:12 PM
Payment Events Status Timestamps
Attachment 3
1 AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND EFI GLOBAL, INC. (AS ASSIGNEE OF
LINDMARK ENGINEERING, INC.) FOR ENVIRONMENTAL SOIL
INVESTIGATION OF SINKHOLE AT 344 FOOTHILL ROAD
NAME OF CONSULTANT: EFI Global, Inc. (as assignee of Lindmark Engineering, Inc.)
RESPONSIBLE PRINCIPAL Ulf Lindmark, Senior Principal
OF CONSULTANT:

Not to exceed $14,560.00, as more fully described
in Exhibit B

CHANGE ORDER AGREEMENT
Pursuant to Beverly Hills Municipal Code Section 3-3-110B, the Contracting Officer may approve a change order that does not exceed his/her purchasing authority.

DocuSign Envelope ID: 102D6054-787D-4ABA-BA64-FE028B9B611C 739-22
AGREEMENT NO.

I I
2 AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND EFI GLOBAL, INC. (AS ASSIGNEE OF
LINDMARK ENGINEERING, INC.) FOR ENVIRONMENTAL SOIL
INVESTIGATION OF SINKHOLE AT 344 FOOTHILL ROAD
This Amendment No. 2 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and EFI Global, Inc. (as assignee of Lindmark Engineering, Inc.) (hereinafter called "CONSULTANT") dated August 31, 2022 and identified as Contract No. 549- 22, as amended by Amendment No. 1, dated October 4, 2022, and identified as Contract No. 602-22 (“Agreement”).

RECITALS
A. CITY and Lindmark Engineering, Inc. entered into a written agreement, which was previously amended and assigned to EFI Global, Inc., for an environmental soil investigation of the sinkhole at 344 Foothill Road.

B. CITY and CONSULTANT desire to further amend the Agreement extend the termination date and include provision for optional extension, modify the Scope of Work and amend Exhibit A of the Agreement to reflect the modified services, compensate CONSULTANT for additional services, and amend Exhibit B of the Agreement to reflect the new consideration amount.

NOW, THEREFORE, the parties agree as follows:

Section 1. The TERMINATION DATE shall be amended as set forth on the cover page.

Section 2. The CONSIDERATION shall be amended as stated on the cover page.

DocuSign Envelope ID: 102D6054-787D-4ABA-BA64-FE028B9B611C 3 Section 3. Section 2 of the Agreement entitled “Time of Performance” shall be amended to read as follows:
“Section 2. Time of Performance.

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 4. Exhibit A, “Scope of Work”, shall be amended and restated as attached hereto and incorporated herein.

Section 5. Exhibit B, “Schedule of Payment and Rates”, of the Agreement is hereby amended as attached hereto and incorporated herein.

Section 6. Except as specifically amended by this Amendment No. 2 and previous amendments, the remaining provisions of the Agreement shall remain in full force and effect.

DocuSign Envelope ID: 102D6054-787D-4ABA-BA64-FE028B9B611C 4 EXECUTED the _____ day of __________________, 20___, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation
JEFF S. MUIR
Director of Finance
CONSULTANT: EFI Global, Inc. (as
assignee of Lindmark Engineering, Inc.)

MATTHEW RODDA
Vice President

MICHAEL SHOOK
Senior Vice President
APPROVED AS TO CONTENT:

SHANA E. EPSTEIN
Director of Public Works

MANDANA MOTHARI
City Architect
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 102D6054-787D-4ABA-BA64-FE028B9B611C 7th December 22
5 EXHIBIT A

SCOPE OF WORK
ORIGINAL AGREEMENT:

I. SCOPE OF WORK
Under the direction of the City Architect or designee, CONSULTANT shall perform an environmental soil investigation of the sinkhole at the Mercedes-Benz dealership parking lot located at 344 Foothill Road, Beverly Hills, California. Scope of Work includes the preparation of a site health safety plan, soil sampling including three borings, laboratory analysis of the soil samples for arsenic and waste profiling, preparation of a soil assessment report, and project management and administration as described below.

CONSULTANT will obtain a representative waste profile sample for analysis for Title 22 Metals by EPA Method 6010B/7471A, volatile organic compounds by EPA Method 8260B, and total DocuSign Envelope ID: 102D6054-787D-4ABA-BA64-FE028B9B611C 6 petroleum hydrocarbons (gasoline, diesel, and oil) by EPA Method 8015M. The analyses will be performed on a one-week turnaround.

Task 3 – Preparation of Soil Assessment Report
Following the implementation of the fieldwork and laboratory analyses, CONSULTANT will prepare and submit a report that will document all field activities, present an analysis of the data obtained, and present assessment findings. The report will include the following:
 Vicinity map and site plan;
 Tabulation of analytical data from laboratory reports;  Summary of field activities;
 Soil classification table;
 Laboratory reports and chain-of-custody documentation;  Assessment findings and conclusions; and
 Recommendations.

Task 4 – Project Management and Administration
This task includes communication with CITY and project administration.

AMENDMENT NO. 1
[No additional Scope of Work]
DocuSign Envelope ID: 102D6054-787D-4ABA-BA64-FE028B9B611C 7 AMENDMENT NO. 2
The Scope of Work described below in this Amendment No. 2 shall be considered additional services to the original Agreement.

CONSULTANT shall perform dust monitoring during the geotechnical investigation of the sinkhole in the Mercedes-Benz dealership parking lot located at 344 Foothill Road, Beverly Hills, California, including the following services:

Task 1 – Pre-Field Activities
CONSULTANT will prepare a scope- and site-specific Health and Safety Plan (HASP) to address the proposed Scope of Work. The HASP will be implemented per OSHA requirements (29 CFR 1910.120) and will be used by CONSULTANT’s field personnel. CONSULTANT’s on-site personnel will have valid 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training.

CONSULTANT will also participate in a pre-construction conference with the geotechnical firm to discuss the scope of work, health and safety measures, and schedule.

Task 2 – Field Activities
CONSULTANT’s 40-hour OSHA HAZWOPER-trained technician will observe geotechnical activities and perform dust monitoring for the duration of the project. The proposed air monitoring will include one weather station to monitor ambient weather conditions (wind speed, wind direction, and temperature) and two monitoring locations for total dust. Total dust will be continuously monitored with MIE Model 1000 personal dust monitors. The two monitoring stations for dust will be positioned at locations upwind and downwind of the work area. CONSULTANT’s personnel will monitor the weather station and monitoring locations approximately every 15 minutes during Site work. If, during Site work, dust level differentials are recorded greater than 50 micrograms per cubic meter (μg/m3) or visible dust is observed, CONSULTANT will immediately notify the on-site field manager and dust suppression methods (e.g., water misting, covering soil stockpiles, loading smaller loads, etc.) must be implemented by the geotechnical firm to reduce dust levels below 50 μg/m3.

Task 3 – Reporting
CONSULTANT will provide at the end of the project a brief narrative, site map identifying daily work areas, air monitoring data, and daily field reports.

DocuSign Envelope ID: 102D6054-787D-4ABA-BA64-FE028B9B611C 8  CONSULTANT assumes that one (1) environmental professional will be able to perform the daily monitoring and that two monitoring stations will suffice. This will require that the geotechnical firm assigns all workers that may generate dust to the same general area in any given day. If the work is spread out over a larger area, additional monitoring personnel and equipment will be required which are not included in the budget.  Dust suppression, if required, will be the responsibility of the geotechnical firm.

DocuSign Envelope ID: 102D6054-787D-4ABA-BA64-FE028B9B611C 9 EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSULTANT for the satisfactory performance of the work described in this Agreement on a time-and-materials basis a total amount not to exceed Thirteen Thousand Five Hundred Fifty-One Dollars ($13,551.00), including all labor, taxes, and reimbursable expenses at the rates shown in the table below and in Attachment 1 to Exhibit B.

In no event shall this Agreement total exceed Fourteen Thousand Five Hundred Sixty Dollars ($14,560.00).

SCHEDULE OF FEES
Professional Hourly Rates
Chief/Managing Principal $230.00
Senior Engineer/Geologist/Scientist/Project Manager $180.00 Project Engineer/Geologist/Scientist/Manager $150.00
Staff Engineer/Geologist/Scientist $125.00
Assistant Engineer/Geologist/Scientist $110.00
Senior Engineering Technician $100.00
CAD Operator $90.00
Engineering Technician $80.00
Project Coordinator $70.00
Permits and Outside Services: Permit fees and outside services, including but not limited to laboratory, drilling, disposal, excavation, equipment rental, messenger/express mail, and reproduction, will be charged at cost plus 10%.

DocuSign Envelope ID: 102D6054-787D-4ABA-BA64-FE028B9B611C 10 CONSULTANT reserves the right to modify this schedule once a year by providing CITY with thirty (30) days’ prior written notice.

COST ESTIMATE
For the Scope of Work specified in Amendment No. 2, the cost estimate by task follows:

Task Description Cost

1. Pre-field Activities (Fixed Fee) $800.00

2. Field Activities (Shift Rate per Day) $1,460.00

3. Reporting (Fixed Fee) $1,200.00
Total $3,460.00
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 thirty (30) days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.

DocuSign Envelope ID: 102D6054-787D-4ABA-BA64-FE028B9B611C 11 ATTACHMENT 1 TO EXHIBIT B
DocuSign Envelope ID: 102D6054-787D-4ABA-BA64-FE028B9B611C

SUPPLEMENTAL BILLING LIST
Soi I and Water
Unit# Rate Unit# Rate
01 Hmd-a~er and SalS.rnpler $llklay 30 Aquifer Data Lo;iger (8-dl.rineQ $12Qlday 02 lile/Gatje Lcx:abr $100klay 31 Dissolved Oxygen Meter $40/day 03 Metal Detector $f,()k!ay 38 ORP/pH/re~ Meter S'l!J/day 05 Portable Generat>r $f,(),ijay 67 Sainst Leve
Barol()Jger)
gel® System (4 Leve gers/1 $10Qlday
07 Dem n er $75klay 68 Sainst Leve
Barol()Jger)
gel® System (4 Level()Jgers/1 $40Q ,eek
08 Brass ~s $9 eacfl 69 Sainst Leve gel® System (4 Leve gers/1 $1200.monfl Barol()Jger)
13 Disposrole Baler $12 eacfl 101 En Cor8!!1 Sampler $12 eacfl 14 Conductivity/pH/TempfTDSIORP Molitor $40klay 102 Passive Skilvner/Cil Trap $fi0.monfl 15 Water~vel Indicator $llklay 103 Af Cornp-esoor $12Qlday 16 Level or Tr.risitand Rod $40klay 104 Stainless Steel ~s $15 eacfl 18 Sutxnersible Pl.lllp $f,(),ijay 105 DC PlJll~ Pt.mp $25/day 19 Interface Probe $40klay 100 POltalje Hachlil Colorimeter $f,()/day 21 Tlibidtty Meter $20klay
Air and Gas
Unit# Rate Unit# Rate
50 Draeger Titles $15 eacfl 54 V~or Prooes $15 eacfl
51 ~neheic Ga~e $10klay 55 Flam&-iooization Detedor $20Qlday 52 Photo-01ization Deledor (PIO) $125klay 155 Flam&-iooization Detedor $00Qlweek 152 Photo-01ization Deledor (PIO) $375/Neek 56 Tedlar Bags $15 eacfl 53 Pit>t Tubes $10klay
Monitoring Well Installation Materials
Unit# Rate Unit# Rate
60 55-Ga'lon DO -Awoved Dft.m reoeacti 64 Wei Box {~ ncfl) $100 eacfl 61 2-incfl Locking Wei ~ $25eacfl 65 Asphalt Patil $20/Alori~ 62 4-incfl Locking Wei ~ $30eacfl 66 Wei Box {12-cidl) $145 eacfl 63 Conorete {90-lb. bag) $12 eacfl
Health and Safety Equipment
Unit# Rate Unit# Rate
70 yvek Sutt, steel-toed Boots $15/day~eroon 72 Level B Protection $150klay/person 71 Level C Protection (lld, resi:wator and face shield) $4Qlday~eroon Vehicles
Unit# Rate Unit# Rate
90 CarMieage $0.65.mie 91 Vantrruck Mieage $0.65/mie
92 Heavy-duty Truck $00klay 93 Heavy-duty Truck MJeage $0.80/mie Miscellaneous
Unit# Rate Unit# Rate
06 Vi&iueen 6 mi 20'x 100' $110.ea 73 D-Size BkJ8 Lile Print $2 .00 eacfl 40 Smal ConslJll es (11d. gloves, water, rope, t~e. $llklay 115 Qi\.afSaw $10Qlday wine, pens, botfes, p • l warning t~e. dis led water, etc.) Certificate Of Completion
Envelope Id: 102D6054787D4ABABA64FE028B9B611C Status: Completed Subject: Complete with DocuSign: EFI Global, Inc. (549-22) Amendment No. 2 (revised) Source Envelope:

Document Pages: 11 Signatures: 6 Envelope Originator:

Certificate Pages: 2 Initials: 0 Erin Justus
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
11/18/2022 2:39:30 PM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.212.33.64
Signed using mobile
Sent: 11/18/2022 2:42:40 PM
Viewed: 11/19/2022 6:23:12 AM
Signed: 11/19/2022 6:23:20 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Matthew Rodda
[email protected]
Vice President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 148.64.18.68
Sent: 11/19/2022 6:23:22 AM
Viewed: 11/22/2022 6:53:40 AM
Signed: 11/22/2022 6:53:47 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Michael Shook
[email protected]
Senior Vice President
EFI Global Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.247.45.36
Sent: 11/19/2022 6:23:23 AM
Viewed: 11/21/2022 4:35:27 AM
Signed: 11/21/2022 5:38:15 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Mandana Motahari
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 166.216.158.107
Signed using mobile
Sent: 11/22/2022 6:53:49 AM
Resent: 11/23/2022 7:33:12 AM
Viewed: 11/24/2022 2:49:14 AM
Signed: 11/24/2022 2:49:43 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
DocuSign·

Attachment 4
1 AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS AND EFI GLOBAL, INC. (AS
ASSIGNEE OF LINDMARK ENGINEERING, INC.) FOR

ENVIRONMENTAL SOIL INVESTIGATION OF SINKHOLE AT
344 FOOTHILL ROAD
NAME OF CONSULTANT: EFI Global, Inc. (as assignee of Lindmark Engineering, Inc.)
RESPONSIBLE PRINCIPAL Ulf Lindmark, Senior Principal
OF CONSULTANT:

CONSULTANT'S ADDRESS: 317 S. Isis Avenue, Suite 207
Inglewood, CA 90301
Attention: Ulf Lindmark, Senior Principal
CONSULTANT’S E.I.N./TAX I.D. NO.: 34-2028648
CITY'S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
AGREEMENT COMMENCEMENT DATE: August 1, 2022
TERMINATION DATE: December 31, 2022 (original termination date) June 30, 2023 (amended pursuant to Amendment
No. 2)
June 30, 2024 (as extended pursuant to Section 2
by letter dated April 27, 2023)
CONSIDERATION: Original Agreement:

Professional Fees: Not to exceed $10,091.00
Contingency for Additional Work: Not to Exceed
$1,009.00
Total Not to Exceed: $11,100.00, as more fully
described in Exhibit B
Amendment No. 1: No additional consideration
Amendment No. 2: $3,460.00 additional
Amendment No. 3: $9,900.00 additional
Total: Not to exceed $24,460.00, as described in
Exhibit B
DocuSign Envelope ID: 496F0B99-93CB-4A6E-9170-1E6FBC987CC1 30-24
AGREEMENT NO.

I I
2 B0785-0001\1145578v3.doc
AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS AND EFI GLOBAL, INC. (AS
ASSIGNEE OF LINDMARK ENGINEERING, INC.) FOR

ENVIRONMENTAL SOIL INVESTIGATION OF SINKHOLE AT
344 FOOTHILL ROAD
This Amendment No. 3 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and EFI Global, Inc. (as assignee of Lindmark Engineering, Inc.) (hereinafter called "CONTRACTOR") dated August 31, 2022 and identified as Contract No. 549-22, as amended by Amendment No. 1, dated October 4, 2022, and identified as Contract No. 602-22 , as amended by Amendment No. 2, dated December 7, 2022, and identified as Contract No. 739-22 (“Agreement”).

B. CITY and CONSULTANT desire to further amend the Agreement extend the termination date, increase the Consideration and amend the Schedule of Payment to compensate CONSULTANT for its services.

NOW, THEREFORE, the parties agree as follows:

Section 1. The Termination Date shall be amended as set forth on the cover page.

Section 2. The Consideration shall be amended as stated on the cover page.

DocuSign Envelope ID: 496F0B99-93CB-4A6E-9170-1E6FBC987CC1 3 B0785-0001\1145578v3.doc
Section 3. Exhibit B, “Schedule of Payment and Rates”, of the Agreement is hereby amended as attached hereto and incorporated herein.

Section 4. Except as specifically amended by this Amendment No. 3 and previous amendments, the remaining provisions of the Agreement shall remain in full force and effect.

EXECUTED the _____ day of __________________, 20___, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation
JEFF S. MUIR
Director of Finance
CONSULTANT: EFI Global, Inc. (as
assignee of Lindmark Engineering, Inc.)

MATTHEW RODDA
Vice President

MICHAEL SHOOK
Senior Vice President
APPROVED AS TO CONTENT:

SHANA E. EPSTEIN
Director of Public Works

MANDANA MOTHARI
City Architect
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 496F0B99-93CB-4A6E-9170-1E6FBC987CC1 25th January 24
4 B0785-0001\1145578v3.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES

CITY shall compensate CONSULTANT for the satisfactory performance of the work described in this Agreement on a time-and-materials basis a total amount not to exceed Twenty-Three Thousand Four Hundred Fifty-One Dollars ($23,451.00), including all labor, taxes, and reimbursable expenses at the rates shown in the table below and in Attachment 1 to Exhibit B.

CONSULTANT reserves the right to modify this schedule once a year by providing CITY with thirty (30) days’ prior written notice.

DocuSign Envelope ID: 496F0B99-93CB-4A6E-9170-1E6FBC987CC1 5 B0785-0001\1145578v3.doc

COST ESTIMATE
For the Scope of Work specified in Amendment No. 2, the cost estimate by task follows:

Task Description Cost

1. Pre-field Activities (Fixed Fee) $800.00

2. Field Activities (Shift Rate per Day) $1,460.00

3. Reporting (Fixed Fee) $1,200.00
Total $3,460.00
Additional services for Amendment No. 3, the cost estimate by task follows:

Task Description Cost

1. Additional Pre-field Activities (Fixed
Fee)
$800.00

2. Additional (5) Field Activities (Shift
Rate per Day)
$7,300.00

3. Additional Reporting (Fixed Fee) $1,800.00
Total $9,900.00
In no event shall this Agreement total exceed Twenty-Four Thousand Four Hundred Sixty Dollars ($24,460.00).

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 thirty (30) days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.

DocuSign Envelope ID: 496F0B99-93CB-4A6E-9170-1E6FBC987CC1 6 B0785-0001\1145578v3.doc
ATTACHMENT 1 TO EXHIBIT B
DocuSign Envelope ID: 496F0B99-93CB-4A6E-9170-1E6FBC987CC1

SUPPLEMENTAL BILLING LIST
So I I and Wat e r
Unit# Rate Unit# Rata
01 Hand-a!!Jer and Soil~• Sl>Al3)' 30 Aqude1 ~ LClQ1191{8-cllooneQ $120/day 02 lile'Cable locabr $100.113)' 31 Dissolved 0.1118'1 Meter $40/day 03 MelalDE!lector S:0.113)' 38 ORP/pt\lfe"l) Meter s.i:J/day 05 f'olla>le General>, S!il.113)' 67 Soinsl le,eloggelt) System (4 levelogge/S/1 Birologgei)
$100/day
07 Oooldillon 1-!Mwner $75.113)' 68 Sdlnst leY&bgge.e System (4 Levebggets/1 $4()(1/y,,eek Birobggel)
08 lla!SRlrgs $9each 69 Scinsl LWOW.t) System (4 levelogge/S/1 Baoto;igar) $1,200.lnonll
13 Oiaposa>le Baier Sl2eedl 101 En Cae» S.rrc,ier S12each ◄ Co,ct,cw,iy/pH{Temp'TO&'ORP Monlor $40.llay 102 Paw,e Skffmer/CI Trap S:O.lnont, 15 Waer~vel lndloolor Snilay 103 AlrConpe--,r $120/day
16 level or T1enllltend Rod $40,Uay 101 Stu,1ess Steel Ri;s $1Se@ 18 &Jbne11tle Punp $:0.llay 105 DCPugroP1111p $25/day
19 l'lter1aoe Probe S40Al3)' 106 Portable HactiOCoblllder $5()/day 21 Tllbid4y Mete/ $,l)A!3y'
A ir and Gas
Unit# Rate Unit # Rate
50 llraf!111 Tube! $15each 54 V~orP- S15each
51 Magnehelc GaLge SIOA!ay 55 Flame-mlllilon llelador $,DO/day 52 f'h<lo.o>llal<Jn O..ea01 (PIO) $125.<lay 155 Fla,r,e.mlZ!h>ll lleleaor $000/wee\ 152 Fhao-biiulllon lleledOI {PIO) $315/wed< 56 Tedla1Bags $15each 53 PlbtTubes $10,Uay
M on i to r ing W e II Ins t a ll ation M ate ri a l s
Unit# Rate Unit# Rate
60 55-0alon DOT-Awowd 0nm $60each 64 Wei Box(8-lrdl) S100each 61 2-n::h Loolti\9 Wei Coo S25eaoo 65 Asi:t,al Pat:11 $2'.l/Aloorg 62 4-n:il locmg Wei Cro $30each 66 Wei Bo~(12-l'ldl) $145 each 63 Ccm:rele (00-lb. bag) S12each
H ea l t h and Sa f ety E quipmen t
Unit# Rate Unit # Rate
70 Tr,lll< &J4. steel-teed l!ods S 15/day.i,e,son 72 l eve!BAoledOI S1SOA!ay/pe110n 71 level C F\'<iectJon (fld ,esp,IID' and fa::,e shield) $lO'day,t,erson Veh i cl e s
Unit# Rate Unit# Rate
90 Ca MIieage $065.mle 91 Vui/Trudt MIiiage $0.65/mi!I
92 Heavy-<MyTrudt $00.llay 93 lieavy-<l.-yTr\ldt Mieage $0.00/mle M iscella n e ous
Unit# Rate Unit # Rate
06 \-1,queen 6 ml 20'xl00 $110.ea 73 0..Size Bu, l>:le I'm $2.00 eroh 0 &nal Consumaii"' (r,d_ !/.<H8S. waler. rope,!~•. Ul.ilay 115 CIJt.off Sa,y $100/day INile, pens, bottes. paint w.mng 1-dsllloo 'Naill' elo.}
Certificate Of Completion
Envelope Id: 496F0B9993CB4A6E91701E6FBC987CC1 Status: Completed Subject: Complete with DocuSign: EFI Global, Inc. (fka Lindmark Engineering, Inc.) (549-22) AM3.pdf Source Envelope:

Document Pages: 6 Signatures: 6 Envelope Originator:

Certificate Pages: 2 Initials: 0 Jazmin Rosas
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
1/19/2024 9:40:28 AM
Holder: Jazmin Rosas
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Matthew Rodda
[email protected]
Vice President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 72.203.88.81
Sent: 1/19/2024 9:40:49 AM
Resent: 1/22/2024 8:44:02 AM
Viewed: 1/22/2024 3:13:09 PM
Signed: 1/22/2024 3:42:56 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Michael Shook
[email protected]
Senior Vice President
Sedgwick Claims Management Services, Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.83.19.175
Signed using mobile
Sent: 1/19/2024 9:40:49 AM
Resent: 1/22/2024 8:44:02 AM
Viewed: 1/22/2024 8:44:24 AM
Signed: 1/22/2024 4:26:45 PM
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: 1/22/2024 4:26:47 PM
Viewed: 1/22/2024 5:30:43 PM
Signed: 1/22/2024 5:30:50 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Mandana Motahari
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 1/22/2024 5:30:52 PM
Viewed: 1/23/2024 2:42:41 PM
Signed: 1/23/2024 2:43:01 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
DocuSign·
Signer Events Signature Timestamp
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 1/23/2024 2:43:02 PM
Viewed: 1/23/2024 2:58:39 PM
Signed: 1/23/2024 2:59:01 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jeff S. Muir
[email protected]
Director of Finance
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 1/23/2024 2:59:02 PM
Resent: 1/23/2024 3:59:47 PM
Resent: 1/24/2024 12:59:53 PM
Viewed: 1/24/2024 5:41:21 PM
Signed: 1/24/2024 5:41:33 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/19/2024 9:40:49 AM
Envelope Updated Security Checked 1/22/2024 2:21:37 PM
Certified Delivered Security Checked 1/24/2024 5:41:21 PM Signing Complete Security Checked 1/24/2024 5:41:33 PM
Completed Security Checked 1/24/2024 5:41:33 PM
Payment Events Status Timestamps
COPIED
Attachment 5
1 B0785-0001\2917361v1.doc
AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS AND EFI GLOBAL, INC. (AS
ASSIGNEE OF LINDMARK ENGINEERING, INC.) FOR

Professional Fees: Not to exceed $10,091.00
Contingency for Additional Work: Not to Exceed
$1,009.00
Total Not to Exceed: $11,100.00, as more fully
described in Exhibit B
Amendment No. 1: No additional consideration
Amendment No. 2: additional not to exceed
$3,460.00
Amendment No. 3: additional not to exceed
$9,900.00
Amendment No. 4: Additional Professional Fees:

Not to exceed $51,549.00
Additional Contingency: Not to Exceed $22,991.00
DocuSign Envelope ID: C04B20A4-C1A8-46E7-B4FC-C12E350F89AC 63-24
AGREEMENT NO.

I I
2 B0785-0001\2917361v1.doc
Total Not to Exceed: $99,000.00, as more fully
described in Exhibit B
DocuSign Envelope ID: C04B20A4-C1A8-46E7-B4FC-C12E350F89AC 3 B0785-0001\2917361v1.doc
AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS AND EFI GLOBAL, INC. (AS
ASSIGNEE OF LINDMARK ENGINEERING, INC.) FOR

ENVIRONMENTAL SOIL INVESTIGATION OF SINKHOLE AT
344 FOOTHILL ROAD
This Amendment No. 4 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and EFI Global, Inc. (as assignee of Lindmark Engineering, Inc.) (hereinafter called "CONSULTANT ") dated August 31, 2022 and identified as Contract No. 549-22, as amended by Amendment No. 1, dated October 4, 2022, and identified as Contract No. 602-22 , as amended by Amendment No. 2, dated December 7, 2022, and identified as Contract No. 739-22, as amended by Amendment No. 3, dated January 25, 2024, and identified as Contract No. 30-24 (“Agreement”).

B. CITY and CONSULTANT desire to further amend the Agreement increase the Consideration and amend the Schedule of Payment and Rates to compensate CONSULTANT for its services.

NOW, THEREFORE, the parties agree as follows:

Section 1. The Consideration shall be amended as stated on the cover page.

Section 2. Exhibit B, “Schedule of Payment and Rates”, of the Agreement is hereby amended as attached hereto and incorporated herein.

DocuSign Envelope ID: C04B20A4-C1A8-46E7-B4FC-C12E350F89AC 4 B0785-0001\2917361v1.doc
Section 3. Except as specifically amended by this Amendment No. 4 and previous amendments, the remaining provisions of the Agreement shall remain in full force and effect.

EXECUTED the _____ day of __________________, 20___, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation

NANCY HUNT-COFFEY
City Manager
CONSULTANT: EFI Global, Inc. (as
assignee of Lindmark Engineering, Inc.)

MATTHEW RODDA
Vice President

MICHAEL SHOOK
Senior Vice President
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER SHANA E. EPSTEIN
City Attorney Director of Public Works

MANDANA MOTAHARI
City Architect
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: C04B20A4-C1A8-46E7-B4FC-C12E350F89AC 20th February 24
5 B0785-0001\2917361v1.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES

CITY shall compensate CONSULTANT for the satisfactory performance of the work described in this Agreement on a time-and-materials basis in a total amount not to exceed Seventy-Five Thousand Dollars ($75,000.00), including all labor, taxes, and reimbursable expenses at the rates shown in the table below and in Attachment 1 to Exhibit B.

A contingency in an amount not to exceed Twenty-Four Thousand Dollars ($24,000.00) for additional, unforeseen, and unanticipated work outside the Scope of Work described in Exhibit A and shall not be undertaken without the express direction by CITY in writing. Compensation for said additional work shall be mutually agreed upon by CITY and CONSULTANT in writing.

In no event shall the total amount paid to CONSULTANT term of the Agreement exceed Ninety Nine Thousand Dollars ($99,000.00), as more fully described in Exhibit B

DocuSign Envelope ID: C04B20A4-C1A8-46E7-B4FC-C12E350F89AC 6 B0785-0001\2917361v1.doc
CONSULTANT reserves the right to modify this schedule once a year by providing CITY with thirty (30) days’ prior written notice.

COST ESTIMATE
For the Scope of Work specified in Amendment No. 2, the cost estimate by task follows:

Task Description Cost

1. Pre-field Activities (Fixed Fee) $800.00

2. Field Activities (Shift Rate per Day) $1,460.00

3. Reporting (Fixed Fee) $1,200.00
Total $3,460.00
Additional services for Amendment No. 3, the cost estimate by task follows:

Task Description Cost

1. Additional Pre-field Activities (Fixed
Fee)
$800.00

2. Additional (5) Field Activities (Shift
Rate per Day)
$7,300.00

3. Additional Reporting (Fixed Fee) $1,800.00
Total $9,900.00
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 thirty (30) days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.

DocuSign Envelope ID: C04B20A4-C1A8-46E7-B4FC-C12E350F89AC 7 B0785-0001\2917361v1.doc
ATTACHMENT 1 TO EXHIBIT B
DocuSign Envelope ID: C04B20A4-C1A8-46E7-B4FC-C12E350F89AC

SUPPLEMENTAL BILLING LIST
S o II a n d Wat e r
Unit# Rate Unit # Rate
01 Ha,d.avgei and SolS<l'l)ler $3Wa, 30 A~er Data Lcgger(S<i!anneij s12arsy 02 l.lle'Cable l.ooal>r $100kla, 31 Dllsolveci Oxygen Meler $40/day 03 Metal Detect er $50.llltf 38 ORP:oWTemp Mell!I $20/<by OS Ponable Geneia101 Sfiltla, 67 Solnst Levelogge'® s,sum (4 Levelcgge,sl1 S100'rsy Ba-ob,lge,) 07 Oen>aibonHlmn• $75.l:la, 68 S01,-1 LMlogger® ~l!m (4 LevelcQgers/1 B~ger) $40Qfv.'1181< 08 a.-ass Rrgs $9- 69 Solnst L<M!logge,® ~I"" (4 L~ $1200inontl B.rotigger)
13 D,sjlosZle Baler $12 89Cih 101 EACO'fl»Si,npa $12 ea:11 14 Ccrlcl.lctlfly/pWT.-np'T0$/0RP l'40n!Ot $40.tlil)' 102 Pass... Skmner/OI Trap $:1:linontl 15 Waler-19wl lndlct0 S3W!lf 103 Ar Canpessor $120'day
16 t.el'd<t Transit and Rod $40Jlay 104 Sianl!ss Steel Rrgs $15 ea:11 18 S,t,r,e~ P\11'4) $:1:)Jla, 105 OCP11g~ Punp $25/day
19 lnlatece Aolle $4011a, 106 Pwble Ha¢11!1 Color mete, $50/dily 21 Tllbid.ly Meler SZ>Jla,
A i r and Ga s
Unit# Rate Unit # Rate
50 Olaa;ior Ttbes $16aodl 54 Vapa Pn:bes $1Soa:n
51 l,tgnoheic Gai.ge $10.!la, 55 Aan&mizalion Detector SlD(l'rt,y 52 ~IUllion Del8CIOI (PIO) $125.tla, 155 Aarn&-mllation Deleclo< $00~t 152 ~IUllion Deleaor (PIO) $375 ....... 56 Tecl..ir 8.Jgs $1hacll 53 Pol>tTubes $1011!1)'
Mon i toring W e l l I n stallati o n Mat e r i a ls
Unit # Rate Unit # Rate
60 55-Gabn OOT-Ai:p:<Mld 0nm $5089Cih 64 Wei Bol(!Hncll) $100 ea:11 61 2-n:11 Locmg Wei Cao $2Seoch 65 ~Par;b $.!l/~IIJ
62 4-rdl Ltd<.11g Wei Cao $30eaoh 66 Welll<,.(12~<h) $145eacll 63 Ccnaae (00.«i bag) S12each
Health and S a fety Equipment
Unit # Rate Unit # Rate
70 Tyw\ SU4, steeMoed Boots S15/day,l)(sson 72 L"'91 B Pl<>leC1lon $150,tlay/pe,sa, 71 t.eVEICPo'orec1m ffld res;:iratorarola'.'eshield) $40/day,l)gs:)n Vehic l es
Unit# Rate Unit# Rate
90 CarMleage $0.65.lnie 91 V..u'frud<Mleage $0.65/mie
92 liea,y<kltylrud< $00.l:la, 93 Hea,y<lutylru:i< INeage $0a)/fNII Mls c e l laneo u s
Unit# Rate Unit # Rate
06 'vl,q"""16 nj Z)'xlOO SIIO.ea 73 DSize Blue I.Ile A'11 $2 O:,e3:I, 40 &nlllCorellnottos (incl. {lovn wiit1. ,ope, tille,
!H.,., pm$. bolles, panl wcrnlng 1-dtoillod wals, elc.) Slll:loy 115 Cukif Sirw $10Ql<by
Certificate Of Completion
Envelope Id: C04B20A4C1A846E7B4FCC12E350F89AC Status: Completed Subject: Complete with DocuSign: EFI Global, Inc. (fka Lindmark Engineering, Inc.) (549-22) AM4.pdf Source Envelope:

Document Pages: 7 Signatures: 7 Envelope Originator:

Certificate Pages: 3 Initials: 1 Jazmin Rosas
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
1/30/2024 2:43:30 PM
Holder: Jazmin Rosas
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Matthew Rodda
[email protected]
Vice President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 72.203.88.81
Sent: 1/30/2024 2:46:19 PM
Resent: 2/1/2024 1:21:56 PM
Resent: 2/6/2024 9:22:43 AM
Viewed: 2/6/2024 10:14:33 AM
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Michael Shook
[email protected]
Senior Vice President
Sedgwick Claims Management Services, Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.14.54.187
Signed using mobile
Sent: 1/30/2024 2:46:19 PM
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Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
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(None)
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Sent: 2/6/2024 10:15:03 AM
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Deborah R. Hakman For
[email protected]
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Signed using mobile
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Mandana Motahari
[email protected]
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Shana E. Epstein
[email protected]
Director of Public Works
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Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
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Nancy Hunt-Coffey
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City Manager
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Witness Events Signature Timestamp
COPIED
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Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/30/2024 2:46:20 PM
Certified Delivered Security Checked 2/20/2024 3:43:06 PM Signing Complete Security Checked 2/20/2024 3:44:00 PM
Completed Security Checked 2/20/2024 3:44:00 PM
Payment Events Status Timestamps
Attachment 6
1 AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS AND EFI GLOBAL, INC. (AS
ASSIGNEE OF LINDMARK ENGINEERING, INC.) FOR

Professional Fees: Not to exceed $10,091.00
Contingency for Additional Work: Not to Exceed
$1,009.00
Total Not to Exceed: $11,100.00, as more fully
described in Exhibit B
Amendment No. 1: No additional consideration
Amendment No. 2: Additional not to exceed
$3,460.00
Amendment No. 3: Additional not to exceed
$9,900.00
DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD 2 B0785-0001\2941150v2.doc
Amendment No. 4: Additional Professional Fees:

Not to exceed $51,549.00
Additional Contingency: Not to Exceed $22,991.00
Amendment No. 5: Additional Professional Fees:

Not to exceed $100,000.00
Additional Contingency: Not to Exceed $2,250.00
Total Not to Exceed: $201,250.00, as more fully
described in Exhibit B
DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD 3 B0785-0001\2941150v2.doc
AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS AND EFI GLOBAL, INC. (AS
ASSIGNEE OF LINDMARK ENGINEERING, INC.) FOR

ENVIRONMENTAL SOIL INVESTIGATION OF SINKHOLE AT
344 FOOTHILL ROAD
This Amendment No. 5 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and EFI Global, Inc. (as assignee of Lindmark Engineering, Inc.) (hereinafter called "CONSULTANT ") dated August 31, 2022 and identified as Contract No. 549-22, as amended by Amendment No. 1, dated October 4, 2022, and identified as Contract No. 602-22 , as amended by Amendment No. 2, dated December 7, 2022, and identified as Contract No. 739-22, as amended by Amendment No. 3, dated January 25, 2024, and identified as Contract No. 30-24, as amended by Amendment No. 4, dated February 20, 2024, and identified as Contract No. 63-24 (“Agreement”).

B. CITY and CONSULTANT desire to further amend the Agreement to modify the Scope of Work and amend Exhibit A of the Agreement to reflect the modified services, compensate CONSULTANT for additional services, and amend Exhibit B of the Agreement to reflect the new consideration amount.

NOW, THEREFORE, the parties agree as follows:

Section 1. The Consideration shall be amended as stated on the cover page.

DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD 4 B0785-0001\2941150v2.doc
Section 2. Exhibit A, “Scope of Work”, shall be amended and restated as attached hereto and incorporated herein.

Section 3. Exhibit B, “Schedule of Payment and Rates”, of the Agreement is hereby amended as attached hereto and incorporated herein.

Section 4. Except as specifically amended by this Amendment No. 5 and previous amendments, the remaining provisions of the Agreement shall remain in full force and effect.

EXECUTED the _____ day of __________________, 20___, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation

LESTER J. FRIEDMAN
Mayor
ATTEST:
(SEAL)

HUMA AHMED
City Clerk
CONSULTANT: EFI Global, Inc. (as assignee of
Lindmark Engineering, Inc.)

MATTHEW RODDA
Vice President

MICHAEL SHOOK
Senior Vice President
[signatures continue]
DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD 5 B0785-0001\2941150v2.doc
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager

SHANA E. EPSTEIN
Director of Public Works

MANDANA MOTAHARI
City Architect

SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD 6 B0785-0001\2941150v2.doc

EXHIBIT A

SCOPE OF WORK
ORIGINAL AGREEMENT:

The samples will be labeled and stored in a chilled ice chest for transport under chain-ofcustody documentation to American Scientific Laboratories, LLC (ASL), a state-certified laboratory, for analysis. CONSULTANT proposes to analyze each soil sample for arsenic by Environmental Protection Agency (EPA) Method 6010B.

CONSULTANT will obtain a representative waste profile sample for analysis for Title 22 Metals by EPA Method 6010B/7471A, volatile organic compounds by EPA Method 8260B, and total DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD 7 B0785-0001\2941150v2.doc
petroleum hydrocarbons (gasoline, diesel, and oil) by EPA Method 8015M. The analyses will be performed on a one-week turnaround.

Task 4 – Project Management and Administration
This task includes communication with CITY and project administration.

AMENDMENT NO. 1
[No additional Scope of Work]
AMENDMENT NO. 2
The Scope of Work described below in this Amendment No. 2 shall be considered additional services to the original Agreement.

DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD 8 B0785-0001\2941150v2.doc
Task 1 – Pre-Field Activities
CONSULTANT will prepare a scope- and site-specific Health and Safety Plan (HASP) to address the proposed Scope of Work. The HASP will be implemented per OSHA requirements (29 CFR 1910.120) and will be used by CONSULTANT’s field personnel. CONSULTANT’s onsite personnel will have valid 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training.

CONSULTANT will also participate in a pre-construction conference with the geotechnical firm to discuss the scope of work, health and safety measures, and schedule.

CONSULTANT’s personnel will monitor the weather station and monitoring locations approximately every 15 minutes during Site work. If, during Site work, dust level differentials are recorded greater than 50 micrograms per cubic meter (μg/m3) or visible dust is observed, CONSULTANT will immediately notify the on-site field manager and dust suppression methods (e.g., water misting, covering soil stockpiles, loading smaller loads, etc.) must be implemented by the geotechnical firm to reduce dust levels below 50 μg/m3.

Task 3 – Reporting
CONSULTANT will provide at the end of the project a brief narrative, site map identifying daily work areas, air monitoring data, and daily field reports.

ASSUMPTIONS
 The workdays for field activities are based on a nine (9) hour day from Monday through Friday.
 CONSULTANT will not provide construction management activities, but CONSULTANT’s services will be limited to environmental monitoring and observations of Site work that may generate dust.
 CITY and the geotechnical firm are responsible for providing any required personal protective equipment for their own employees.
 CONSULTANT assumes that one (1) environmental professional will be able to perform the daily monitoring and that two monitoring stations will suffice. This will require that the geotechnical firm assigns all workers that may generate dust to the same general area in any given day. If the work is spread out over a larger area, additional monitoring personnel and equipment will be required which are not included in the budget.  Dust suppression, if required, will be the responsibility of the geotechnical firm.

DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD 9 B0785-0001\2941150v2.doc
AMENDMENT NO. 5

ADDITIONAL SCOPE OF WORK
The Scope of Work described below in Amendment No. 5 shall be considered additional services to the original Agreement.

Upon CITY’s request, each servic requested shall be set forth in writing in an executed Individual Project Order (IPO) to be approved by CITY in writing before any work, billing, or demand for payment will be initiated. Each IPO shall contain an estimated cost for the services a including the not-to-exceed amount which shall include all labor, expenses, material, and applicable taxes. If the scope of work changes or the cost of the engagement will exceed to notto-exceed amount, then CONSULTANT shall obtain written permission from the Director of Public Works or an amendment to the IPO, as appropriate..

CONSULTANT guarantees the work shall be performed in accordance with the Scope of Work specified herein or associated IPOs and to CITY’s full satisfaction and in accordance with all relevant codes and regulations.

DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD 10 B0785-0001\2941150v2.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES

CITY shall compensate CONSULTANT for the satisfactory performance of the work described in this Agreement on a time-and-materials basis in a total amount not to exceed One Hundred Seventy-Five Thousand Dollars ($175,000.00) at the rates set forth in this Exhibit, including all labor, taxes, and reimbursable expenses at the rates shown in the table below and in Attachment 1 to Exhibit B.

A contingency in an amount not to exceed Twenty-Six Thousand Two Hundred Fifty Dollars ($26,250.00) is for additional, unforeseen, and unanticipated work outside the Scope of Work described in Exhibit A and shall not be undertaken without the express direction by CITY in writing. Compensation for said additional work shall be mutually agreed upon by CITY and CONSULTANT in an IPO as described in Exhibit A.

SCHEDULE OF FEES
Professional Hourly Rates
Chief/Managing Principal $230.00
Senior Engineer/Geologist/Scientist/Project Manager $180.00 Project Engineer/Geologist/Scientist/Manager $150.00
Staff Engineer/Geologist/Scientist $125.00
Assistant Engineer/Geologist/Scientist $110.00
Senior Engineering Technician $100.00
CAD Operator $90.00
Engineering Technician $80.00
Project Coordinator $70.00
CITY shall reimburse CONSULTANT at cost without markup, for the following reimbursable expenses reasonably incurred in the performance of the Agreement: reproduction, photography, telephone, travel, and delivery.

Permits and Outside Services: Permit fees and outside services, including but not limited to laboratory, drilling, disposal, excavation, equipment rental, messenger/express mail, and reproduction, will be charged at cost plus 10%.

Labor associated with fieldwork extending beyond an eight-hour day will be billed at 1.2 times normal hourly rates. Fieldwork performed on weekends will be billed at 1.5 times normal hourly DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD 11 B0785-0001\2941150v2.doc
rates. Additionally, expert witness hours associated with court appearances, depositions, expert witness, and public hearings will be billed at $300/hour (four-hour minimum) rates.

CONSULTANT reserves the right to modify this schedule once a year by providing CITY with thirty (30) days’ prior written notice.

COST ESTIMATE
For the Scope of Work specified in Amendment No. 2, the cost estimate by task follows:

Task Description Cost

1. Pre-field Activities (Fixed Fee) $800.00

2. Field Activities (Shift Rate per Day) $1,460.00

3. Reporting (Fixed Fee) $1,200.00
Total $3,460.00
Additional services for Amendment No. 3, the cost estimate by task follows:

Task Description Cost

1. Additional Pre-field Activities (Fixed
Fee)
$800.00

2. Additional (5) Field Activities (Shift
Rate per Day)
$7,300.00

3. Additional Reporting (Fixed Fee) $1,800.00
Total $9,900.00
Additional services for Amendment No. 5, the cost estimate by task follows:

Task Description Cost

1. Meeting with City T&M

2. Meeting with Pace Analytical Labs T&M

3. Additional Dust Monitoring related
to confined space entry into existing
$26,144.00
DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD 12 B0785-0001\2941150v2.doc
underground vault (fixed fee)

4. Additional borings to obtain and run
tests on soil samples (fixed fee)
$28,798.00

5. Potential future costs depending on
finds from additional borings
T&M

6. Dust monitoring while Contractor is
backfilling the vault and repairing
the asphalt
T&M
Total $54,942.00
Alternatively, the payment terms (either lump sum or time and materials basis) shall be set forth in the IPO and agreed to by both parties in an IPO as described in Exhibit A. In no event shall this Agreement total exceed Two Hundred One Thousand Two Hundred Fifty Dollars ($201,250.00).

DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD 13 B0785-0001\2941150v2.doc
ATTACHMENT 1 TO EXHIBIT B
DocuSign Envelope ID: 7F33759C-1FAC-4941-B617-8C4B77D57AFD

SUPPLEMENTAL BILLING LIST
Sol I and Wat e r
Unil # Rate Unit# Rate
01 Hand-a19er and Sal Sanpler $JJAJ8'f 30 Aquli!r Ofta Logger(kh"'ne~ $00day 02 Ul&'CatjeLocatlr $100.tta, 31 OissoMld Oxygen Meler S40/day 03 Meta1Decect01 SSWay 38 ORP/pH/T emp Meler S20/day
05 Pot1able Generatlr $50.llll'f 67 Sclnst Levelogge'® System (4 Le,elcggeis.11 Baotogger) SIOO'day
07 DElndibn Himner $75.ila, 68 Sdinsl
Baologger) Levelogge'® System (4 Le.etggecs/1 ~
08 l!tassRtgs $9eacll 69 Sdins1 Levelogge'® System (4 Leweblgers/1 $1200.monh Baologger)
13 0..p:mtile B/lller S12eacll 101 En Cae® $M'4)1er S12ei'.ICII 14 Co11l,~y/pWTernp'TO&ORP l.b/Wor $40.Ull'f 102 PasslYII $ktl1Vll8r/OI Trop $50.inonh 15 Water-level lndloot01 $3l,tlil)' 103 ~Ccm~mr $120'daf 16 Level 01 Traistand Roel $40.1111)' 104 Sta<11eU Sleel lu'gs $15e.J:II 18 &ibmersille PiMTIP SS),lja, IOS OC Pugrg Punp $25/daf 19 l'lterfaoe Probe $40.1:tay IOS Pota,., 1-!actr® Colorimete; $50/day 21 Tlll>iddyMeler $:ilJ.1111)'
Air and Gas
Unit# Rate Unit# Rate
50 llra'9"t T cties S15eacll 54 V~01 ?!dies $15ea:il
51 ll<!)nohelic Gauge $10.llilf 55 flama-icr1iu,lion Oele<tor SZXl'day 52 Fha0<001Ulbon Oeleaor (PIO) $125.<l"f 155 flama-,001rnl.,n Oeleao, SOOOwaol:
152 Fhao-b>iwi,on Oeledor (PIO) $375/,vedl 56 Tedlar Sags $15 ea::h 53 l'llllTubes $10.llll)'
Mo nitoring W e ll l nstalla t lo n Materials
Unit # Rate Unit# Rate
so 55-08'ln DOT-Awoved l)\m $60eocll 64 Wei Box(84ncl>) S100eidl 61 2·n:ll Loetrlg Wei~ $2589CII 65 AslflJ!ft Patil $ 20/bai 'II 62 4-n:ll Loc:blg Wol ~ $30eacll 66 Wet Box ( 12,M>) $14Seacll 63 ConOlele (00-lb. bag) $12 e.x:11
Health and Safety Equipm ent
Unit# Rate Unit # Rate
70 Tyw,I< &Ii, stee~loed Bods $IS'day,i)ers)n n level 8 ProlectJon $150.lla,/p&lS011 71 l.eYtll C ~aecticr1 (l\d resprma and ta:,e shiEid) S4<Vday~son Vehicles
Unit# Rate Unit # Rate
90 CarMieage SOf6.fflie 91 V111n'lud< Mloogo sow .. 92 HeavyadulyT111d< Wl.llir, 93 Heavy-OUlyTruck Mieoge so~,,.

Mi sce ll aneous
Unit# Rate Unit# Rate
OS ~9lue<r> 6 ml 2IMOO S110Jaa 73 D-Site Bkle l.r\e Print $2.00e!dl 40 &nal Corounalies (l\d I#°"""' w.ier, rope, Llle, SlWay 115 Cu~df Sir.- S100'day !Nino, PMS. bol11es, pan\ wa-nr,g ta,e, d5iloo walrr, elc.) Certificate Of Completion
Envelope Id: 7F33759C1FAC4941B6178C4B77D57AFD Status: Sent Subject: Complete with DocuSign: EFI Global, Inc. (fka Lindmark Engineering, Inc.) (549-22) AM 5.pdf Source Envelope:

Document Pages: 13 Signatures: 6 Envelope Originator:

Certificate Pages: 3 Initials: 0 Jazmin Rosas
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
5/13/2024 2:41:08 PM
Holder: Jazmin Rosas
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Matthew Rodda
[email protected]
Vice President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 72.203.88.81
Sent: 5/13/2024 3:01:38 PM
Viewed: 5/28/2024 11:42:32 AM
Signed: 5/28/2024 11:42:43 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Michael Shook
[email protected]
Senior Vice President
Sedgwick Claims Management Services, Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.83.19.175
Sent: 5/13/2024 3:01:39 PM
Viewed: 5/14/2024 9:40:21 AM
Signed: 5/17/2024 4:42:43 AM
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Deborah R. Hakman For
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.90.73.20
Signed using mobile
Sent: 5/28/2024 11:42:45 AM
Viewed: 5/28/2024 12:36:48 PM
Signed: 5/28/2024 12:37:18 PM
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Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
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(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 5/28/2024 12:37:20 PM
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Signed: 5/28/2024 1:34:55 PM
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Mandana Motahari
[email protected]
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(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.227.155
Signed using mobile
Sent: 5/28/2024 1:34:56 PM
Resent: 6/4/2024 11:29:06 AM
Resent: 6/6/2024 8:48:16 AM
Resent: 6/10/2024 7:49:47 AM
Resent: 6/10/2024 7:52:13 AM
Viewed: 6/10/2024 8:32:08 AM
Signed: 6/10/2024 8:32:23 AM
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Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
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Sent: 6/10/2024 8:32:25 AM
Resent: 6/10/2024 9:39:27 AM
Viewed: 6/10/2024 11:11:31 AM
Signed: 6/10/2024 11:12:04 AM
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Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Sent: 6/10/2024 11:12:06 AM
Electronic Record and Signature Disclosure:

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Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

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Lester J. Friedman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jackie Galeas
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

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Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/13/2024 3:01:39 PM
Payment Events Status Timestamps

Beverly Hills City CouncilJune 18, 2024

Beverly Hills City Council
June 18, 2024