AGENDA REPORT
Meeting Date: August 20, 2024
Item Number:
To: Honorable Mayor & City Council
From: Andre Sahakian, AICP, Project Manager
Josephina Lee, Management Analyst
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND ZF ALEXANDER, INC. FOR DEVELOPER PAID ENVIRONMENTAL
COMPLIANCE AND MONITORING SERVICES FOR THE ONE
BEVERLY HILLS PROJECT; AND
APPROVAL OF A PURCHASE ORDER TO ZF ALEXANDER, INC IN
THE NOT-TO-EXCEED AMOUNT OF $4,575,575.00
Attachments: 1. Agreement
RECOMMENDATION
Staff recommends that the City Council:
1. Approve an agreement between the City of Beverly Hills and ZF Alexander, Inc. for developer paid environmental compliance and monitoring services for the One Beverly Hills project; and
2. Approve a purchase order for ZF Alexander, Inc. in the not-to-exceed amount of $4,575,575.00.
INTRODUCTION
The One Beverly Hills project includes the renovation and construction of multiple residential and commercial buildings containing approximately 1.9 million square feet of floor area. The project includes 255 condominium units, a new luxury hotel, renovation of the existing Beverly Hilton Hotel, and 12.7 total acres of open space, of which approximately 4.5 acres will be publicly accessible botanical gardens. Construction of the project is underway and is anticipated to last about four years.
Meeting Date: August 20, 2024
The City Council’s approval of the project included over 100 conditions and over 60 mitigation measures that were necessary to make the required findings and comply with the California Environmental Quality Act. Among these conditions is a requirement for the City to hire an Environmental Compliance Monitor (ECM) whose role would be to assist the City in ensuring compliance with all construction-related conditions of approval and mitigation measures. Additionally, the conditions require the hiring of specialty noise and air quality consultants to provide testing and monitoring related to the required mitigation measures. Although the consultants would be hired by and work for the City, the conditions require the developer to pay all associated costs for the services provided.
DISCUSSION
City staff solicited proposals last year from five consultants through an informal request for proposal (RFP) process, due to the specialized nature of the services being provided.
In accordance with Beverly Hills Municipal Code (BHMC) Section 3-3-112 (G) professional and technical services such as ECM services are exempt from the City’s bidding requirements. However, staff conducted an informal solicitation of proposals as a matter of due diligence and the anticipated project amount. Due to the specialized nature of the services being provided, City staff solicited proposals from five consultants: ZF Alexander, Inc; Rincon Consultants; Enter Environments Inc; Shannon & Wilson; and Ramboll Environ, Inc. Of the consultants solicited, ZF Alexander, Inc was the sole responder. ZF Alexander, Inc was awarded the contract due to their extensive prior experience providing these same services to the City, as well as their knowledge of this particular project site. They have also provided ECM services for the construction of several other projects including the Waldorf Astoria hotel, the 9200 Wilshire mixed-use project, and specialty testing services for early works and utility relocation related to the One Beverly Hills project. The specialty testing subconsultants identified in ZF Alexander Inc.’s proposal have also demonstrated the necessary experience and qualifications to perform the services required.
The City Council previously approved an agreement with ZF Alexaner for ECM services for the One Beverly Hills project. The original agreement (Agreement No. 432-23) included a not-to-exceed amount of $583,338.00 and went into effect on August 15, 2023. Amendment No. 1 is currently being processed to encumber an additional $97,793.00 for a new not-to-exceed total of $681,131.00. Amendment No. 1 will cover services provided to the City through the month of August 2024, until this new agreement takes effect. The new agreement will cover services provided from September 2024 through completion of the project, anticipated in 2028.
The previous contract for ECM and specialty testing services covered the early phases of the One Beverly Hills Overlay Specific Plan project, which included the relocation of utilities, modifications to the Beverly Hilton Hotel, and grading, shoring, and structural work for the basement level of the overall project up to datum level. This new contract for ECM and specialty testing services is intended to cover the remaining phases of the One Beverly Hills Overlay Specific Plan project, which include construction of both subterranean and above grade podiums, three new towers, the Beverly Hilton Enhancement and Conference Center structures, renovations of the Beverly Hilton hotel, off-site improvements, and interior work for all areas.
Meeting Date: August 20, 2024
FISCAL IMPACT
The first developer deposit for this service agreement was collected in the amount of $494,897.50 on July 22, 2024 in addition to a contract administration fee of $74,234.62.
Subsequent payments will be collected on a semi-annual basis or if the deposit nears exhaustion. Future payments that the City will collect are based on the rates outlined in Exhibit B of the Agreement. The cost of providing these services will be borne entirely by the developer with no fiscal impact to the City.
Michael Forbes, AICP
Director of Community Development
Approved By
Attachment 1
B0785-0001\2992238v4.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND ZF
ALEXANDER, INC. FOR DEVELOPER PAID ENVIRONMENTAL
COMPLIANCE AND MONITORING SERVICES FOR THE ONE
BEVERLY HILLS PROJECT
NAME OF CONSULTANT: ZF Alexander, Inc.
RESPONSIBLE PRINCIPAL OF CONSULTANT: Zara Farimani, President CONSULTANT’S ADDRESS: 844 Westholme Avenue
Los Angeles, CA 90024
Attention: Zara Farimani
CONSULTANT’S E.I.N./TAX I.D. NO.: 82-4050905
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Michael Forbes, Director of
Community Development
COMMENCEMENT DATE: August 15, 2024
TERMINATION DATE: January 20, 2029, unless extended
pursuant to Section 2 of this Agreement
CONSIDERATION: Not to exceed $4,575,575.00
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 2 B0785-0001\2992238v4.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND ZF
ALEXANDER, INC. FOR DEVELOPER PAID ENVIRONMENTAL
COMPLIANCE AND MONITORING SERVICES FOR THE ONE
BEVERLY HILLS PROJECT
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and ZF Alexander, 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.
CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.
The City Manager or her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 3 B0785-0001\2992238v4.doc
(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. (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 the City Manager. 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.
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 4 B0785-0001\2992238v4.doc
Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, keep in full force and effect and maintain coverage for two (2) years following the completion of the project, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) Professional Liability Insurance
A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of Two Million Dollars ($2,000,000) per claim and in the aggregate.
Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for two years 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.
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 5 B0785-0001\2992238v4.doc
(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.
Section 12. Indemnification.
(a) CONSULTANT agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s 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 Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 6 B0785-0001\2992238v4.doc
authorized representatives of CITY, including the City Manager or designee, free of charge.
CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained.
CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any discrepancy between the express or implied subject matters 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.
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 7 B0785-0001\2992238v4.doc
Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills, California
ATTEST:
______________________(SEAL)
HUMA AHMED
City Clerk
CONSULTANT: ZF Alexander, Inc.
ZARA FARIMANI
President
ALEXANDER ROHANI
Treasurer
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
[Signatures Continue]
APPROVED AS TO CONTENT:
NANCY HUNT-COFFEY
City Manager
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 8 B0785-0001\2992238v4.doc
MICHAEL FORBES
Director of Community Development
SHARON L’HEUREUX DRESSEL
Risk Manager
ANTHONY RODSTEIN
Purchasing Services Manager
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 9 B0785-0001\2992238v4.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall provide environmental compliance monitoring services related to the One Beverly Hills Project (or “Project”), including the following services:
CONSULTANT will ensure that all of the applicable One Beverly Hills Project Conditions of Approval and Mitigation Measures are complied with, as included in the Final Supplemental Environmental Impact Report (Final SEIR) that was certified by City Council on June 8, 2021. These include the following:
• Construction Management Conditions
o CONSULTANT shall review and become familiar with the Project’s Construction Management Conditions.
• Environmental Compliance Monitor (“CONSULTANT ECM”)
o Maintain daily logs, provide monthly reports to CITY and the Beverly Hills Unified School District (“School District”) that are posted publicly online.
o Immediately report any violations of the construction mitigation measures to CITY.
o Conduct weekly meetings with the Project construction manager and invite CITY and School District representatives.
o Check in on the minimum of four (4 remotely accessed cameras to confirm compliance.
o In conjunction with the specialty consultants, CONSULTANT provides additional measures to address unanticipated issues due to construction. • Specialty Testing
o CONSULTANT’s Air Quality and Traffic consultant worked on the 9900 Wilshire and Waldorf Astoria Hotel projects and understands fully the scope of work required by the Mitigation Monitoring and Reporting Program (or “MMRP”) and Conditions of Approval of the One Beverly Hills Project.
o CONSULTANT ECM shall maintain test results on file and present them in monthly reports submitted to CITY and School District.
o Monitor traffic, vibration, and construction noise at the El Rodeo School, once school re-opens.
o After the reopening of the El Rodeo school, CONSULTANT ECM to initiate a traffic study 45 days after the beginning of each school year. o CONSULTANT’s traffic consultant shall perform regular traffic monitoring and provide reports.
o In the event that El Rodeo reopens during this phase of One Beverly Hills Project, CONSULTANT shall perform a traffic study.
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 10 B0785-0001\2992238v4.doc
• Other Conditions
• CONSULTANT ECM shall verify that there is no direct contact with the developer’s contractor’s employees, subcontractors of any tier, material suppliers or consultants with students from the School District during the performance of their duties. • CONSULTANT ECM to verify that the developer complies with Street Tree Mitigation Plan, Exhibit C of the RFP Mitigation Measures o CONSULTANT shall monitor compliance with all applicable mitigation measures in accordance with the MMRP, including the following:
■ Monitor compliance with the developer’s approved Construction Traffic Emission Management Plan
■ Verify that all fossil fuel construction equipment is suspended during firststage smog alerts. ■ Verify that the Contractor promotes, to the extent feasible, the use of electricity and alternate fuels for on-site mobile equipment instead of diesel equipment.
■ Verify that the Contractor is maintaining the construction equipment by conducting regular tune-ups in accordance with the manufacturer’s recommendations.
■ Verify that the Contactor promote, to the extent feasible, the use of electric welders to avoid emissions from gas or diesel welders.
■ Verify that the Contractor promote, to the extent feasible, the use of onsite electricity or alternative fuels rather than diesel powered or gasoline powered generators.
■ Verify that prior to start of each phase of construction, the Contractor submit an equipment inventory report to CITY for approval. Contractor/Developer shall evaluate the feasibility of retrofitting the large off-road construction equipment that will be operating for significant periods. ■ Verify that the Contractor uses double belly dump trucks with minimum capacity of 28 cubic yards for hauling soil material from the Project site. ■ Verify that demolition and grading phases are not to be conducted concurrently. Each phase must be completed fully before the subsequent demolition or grading phase.
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 11 B0785-0001\2992238v4.doc
■ Verify that the Contractor ensures traffic speeds on all unpaved roads to 15 mph or less.
■ Verify that the Contractor installs wind monitoring equipment on site and suspend grading activities when wind speeds exceed 25 mph per SCAQMD guidelines.
■ Verify that the Contractor applies water to storage piles or apply cover when wind events are declared with wind speed in excess of 25 mph. ■ Verify that the Contractor applies nontoxic chemical soil stabilizers on inactive construction areas that are unused for at least 4 consecutive days.
■ Verify that the Developer employs a third-party air quality consultant to conduct monitoring of PM10 concentrations during the Project demolition, excavation and grading phases. Approximately 588 workdays.
■ Verify that the Contractor complies with SCAQMD rule 403 by ensuring visible dust emissions from the Project site do not go beyond the property line.
■ Verify that the Developer/Contractor’s demolition and ground disturbance do not disturb nesting birds and that no construction activity shall be performed during the avian breeding and nesting season, Feb 1- Aug 31. If work is planned for this period, a pre-construction survey shall be conducted by a biologist 7 days prior to the start of construction. ■ Verify that if an unknown artifact is uncovered during construction, the Contractor complies with the MMRP procedures and requirements. ■ Verify that prior to start of soil disturbing activities, the Contractor prepares a Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP).
■ Review the Developer’s Construction Management Plan for compliance with MMRP noise attenuation measures.
■ Proactively inform the public of the ongoing progress and exceptions to the expected plans. This shall include sending quarterly mailer to all property owners within 1,000 feet of the exterior boundaries of the property.
■ Respond to requests for information and assistance from the public. ■ Provide monthly Project updates to CITY in writing.
■ Monitor compliance with the approved Construction Worker Parking plan. This plan shall be submitted to the CITY thirty (30) days prior to start of construction.
■ Verify that name, phone number and other contact information for the CONSULTANT ECM and Community Liaison Officer (“CLO”) is posted on sign in a location visible to the public.
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 12 B0785-0001\2992238v4.doc
II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention Non-Emergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CONSULTANT shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310-285- 1073.
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 86 B0785-0001\2992238v4.doc
ATTACHMENT 1 TO EXHIBIT A
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 86 B0785-0001\2992238v4.doc
ATTACHMENT 2 TO EXHIBIT A
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 86 B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 86 B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB B0785-0001\2992238v4.doc
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 86 B0785-0001\2992238v4.doc
EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
Effective January 1, 2024
The following standard rate schedule is valid for the 2024 calendar year:
RATES: Hourly:
Principal $175.00
Project Manager $145.00
Assistant Project Manager $125.00
QC Manager $110.00
Project Engineer $100.00
Environmental Compliance Monitor(ECM) $ 98.00
Reimbursable Expense Rates:
All reimbursables will be charged at cost without markup:
Mileage, I.R.S. standard rate
Parking
Printing
Messenger & Delivery Services
ECM Shifts/Rates for One Beverly Hills:
Environmental Compliance Monitors shall provide services in 3 shifts as follows:
Day shifts: 6am-2pm - $784
2pm-10pm - $784
Night shift: 10pm-6am - $784
Overtime rate of 2 times the regular rate will be charged for work performed on Sunday and public holidays. Minimum shift on Sunday and public holiday is four (4) hours.
Direct expenses will be at cost plus 15%
CONSULTANT shall provide CITY with thirty days prior written notice of any modification to the rate schedule set forth in this Exhibit.
CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB 86 B0785-0001\2992238v4.doc
ATTACHMENT 1 TO EXHIBIT B
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB EXHIBIT C 88
B0785-0001\2992238v4.doc
EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
Docusign Envelope ID: F3CFF8FD-A13F-4730-95F3-AE0F29F296AB Certificate Of Completion
Envelope Id: F3CFF8FDA13F473095F3AE0F29F296AB Status: Sent Subject: Complete with Docusign: CLEAN - Agreement - ZF Alexander ONE BH Overlay Specific Plan Project 2...
Source Envelope:
Document Pages: 89 Signatures: 6 Envelope Originator:
Certificate Pages: 3 Initials: 0 Evelin Welch
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: 76.90.42.6
Record Tracking
Status: Original
8/8/2024 7:22:50 PM
Holder: Evelin Welch
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
ZARA FARIMANI
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 75.82.18.245
Sent: 8/8/2024 7:32:24 PM
Viewed: 8/8/2024 7:59:20 PM
Signed: 8/8/2024 7:59:49 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Alexander Rohani
[email protected]
Partner
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 75.82.18.245
Sent: 8/8/2024 7:59:52 PM
Viewed: 8/9/2024 1:49:06 PM
Signed: 8/9/2024 1:49:12 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Deborah R. Hakman
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.235.180
Sent: 8/9/2024 1:49:14 PM
Viewed: 8/9/2024 2:44:10 PM
Signed: 8/9/2024 2:44:26 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 8/9/2024 2:44:29 PM
Viewed: 8/9/2024 11:40:47 PM
Signed: 8/9/2024 11:41:27 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Michael Forbes
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 8/9/2024 11:41:30 PM
Viewed: 8/12/2024 7:45:45 AM
Signed: 8/12/2024 7:46:02 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 8/12/2024 7:46:05 AM
Viewed: 8/12/2024 10:56:58 AM
Signed: 8/12/2024 10:57:10 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Sent: 8/12/2024 10:57:14 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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
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
Carbon Copy Events Status Timestamp
Keith Sterling
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
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 8/8/2024 7:32:24 PM
Payment Events Status Timestamps