Item E-10 Agenda Report — Beverly Hills City Council, August 5, 2025

AGENDA REPORT
Meeting Date: August 5, 2025
Item Number:

To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Eli Benitez, Associate Project Manager
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

OTIS ELEVATOR COMPANY FOR ESCALATOR REPLACEMENT
AT 450 NORTH CRESCENT DRIVE PARKING STRUCTURE; AND

APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $761,674; AND

APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR

WITH RESPECT TO DESIGN CRITERIA
Attachments: 1. Agreement

2. Third-Party Cost Estimate Letter

RECOMMENDATION
Staff recommends that City Council:

1. Approve an agreement with Otis Elevator Company for furnishing and installing the damaged escalator at 450 N. Crescent Drive Parking Structure in the amount of $662,325; and

2. Approve a construction contingency in the amount of $99,349 (15%); and

3. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria; and

4. Approve a purchase order in the not-to-exceed amount of $761,674.

BEVERL
HILLS
id
Meeting Date: August 5, 2025

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INTRODUCTION
The 450 N. Crescent Drive parking structure was originally constructed in 2011. This municipal parking structure serves the City of Beverly Hills Civic Center and the Wallis Anneberg Center for the Performing Arts (“the Wallis”). The structure is 260,000 square feet with three subterranean parking levels; the footprint spans under Crescent Drive and City Hall’s west side landscape and hardscape area.

The building’s vertical circulation is comprised of an elevator and two sets of stairs on the south side, a bank of two elevators, a series of escalators and a set of stairways on the west side. The westside escalators and elevators are mainly used by patrons of the Wallis and are heavily used during performances. In the summer of 2024, a vehicle collided with the escalator area on Level B-1; the middle escalators were impacted when the vehicle landed on top of it, hitting the back wall. This impact destroyed the middle escalator and damaged surrounding areas.

DISCUSSION
In the fall of 2024, the firms of HKA Elevator Consulting, Inc. and Brandow & Johnston Structural Engineers were engaged to provide an assessment of the extent of damage to the escalator system and building structure. The building structure was found to be intact with no damage to the structural framing system. The escalators, however, were severely damaged. The impact destroyed the middle escalator, glass balustrades, handrails, handrail guides, the stainless-steel inner and outer decking as well as most of the stainless-steel cladding that is attached to the truss. The glass shattered into the bottom escalators internally, which included the tracks, chains and chain rollers, steps, and the step roller. These two escalators seized operation and could not run after the accident. As a result, the area has been fenced off for safety.

HKA Elevator Consulting, Inc. was engaged to prepare drawings and performance specifications for the repair. Initially a total replacement was considered. However, to accommodate an actively-used garage with limited access to remove the truss and inserting a new truss safely is challenging. As a result, rebuilding in place proved to be a better option. The scope of work will include in-truss replacement of the middle escalator and repair of the bottom escalator. The work also involves replacement of glass balustrades and new stainless-steel cladding at walls and soffits to match the original design.

Specifications were prepared to allow any escalator manufacturer/installer to be able to perform the work. In late 2024, staff issued a Request for Qualifications (RFQ) to prequalify vertical circulation equipment (elevators, escalators and lifts) contractors. Four companies submitted their qualifications, and three were pre-qualified for elevator and lifts modernization. However, only one contractor, Otis Elevator Company, submitted acceptable qualifications for escalator replacement and modernization.

To expand available options to include other escalator contractors, staff issued a second RFQ – this time only focusing on prequalifying escalator contractors. On June 16, 2025, only one submittal was received in response to the RFQ. Again, Otis Elevator Company was the only respondent. Considering that Otis Elevator Company (“Otis”) furnished and installed the original escalators in 2011 when the building was constructed and Otis has extensive experience in the complete removal and installation of escalators, Otis will be able use compatible parts to the original escalator system.

Meeting Date: August 5, 2025

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Staff has conducted a good faith review of the options and has determined that it is in the best interest of the City to approve the agreement with Otis Elevator Company for this project.

The total proposal amount for rebuilding the escalator and furnishing and installing surrounding architectural finishes amounts to $662,325, and a contingency amount of $99,349 (15%) is recommended to cover unforeseen conditions during installation and potential pricing increases due to tariffs. The total amount of the purchase order for this contract will be a not-to-exceed amount of $761,674. A part of this cost will be reimbursed by the insurance company of the party at-fault.

Construction of the Escalator Replacement project is anticipated to be complete in August 2026.

FISCAL IMPACT
The $761,674 for Escalator Replacement project is available as part of Fund 810, Capital Assets Capital Improvement Project No. 00786, Parking Program Upgrades and Improvements.

It should be noted that the City has filed a claim of subrogation with the responsible party with the intent of recovering the City’s costs. The City has also put its property insurance carrier on notice regarding this matter. No additional funding is needed at this time.

Shana Epstein,
Director of Public Works
Approved By
Attachment 1
1 B0785-0001\3128875v8.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

OTIS ELEVATOR COMPANY FOR ESCALATOR
REPLACEMENT AT 450 NORTH CRESCENT DRIVE PARKING

STRUCTURE
NAME OF CONTRACTOR: Otis Elevator Company
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Catherine Pierce , Manager Contracts CONTRACTOR’S ADDRESS: 2701 Media Center Drive, Suite #2 Los Angeles, CA 90065
Attention: Mark Freberg, Modernization
Sales
CONTRACTOR’S E.I.N/TAX I.D. NO.: 13-5583389
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
TERMINATION DATE: September 30, 2026, unless extended
pursuant to Section 2
CONSIDERATION: Not to exceed $662,325.00
Conitingency not to exceed $99,349.00
Total Not to Exceed $761,674.00, as
described in Exhibit B
COMMENCEMENT DATE: August 5, 2025
Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 2 B0785-0001\3128875v8.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

OTIS ELEVATOR COMPANY FOR ESCALATOR
REPLACEMENT AT 450 NORTH CRESCENT DRIVE PARKING

STRUCTURE
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Otis Elevator Company (hereinafter called “CONTRACTOR”).

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. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. CONTRACTOR’s Scope of Work. CONTRACTOR 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 CONTRACTOR 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.

CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY.

CONTRACTOR shall complete the performance of services by the Termination Date set forth above.

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 CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.

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(b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable). There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONTRACTOR 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 CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONTRACTOR 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 CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR 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 CONTRACTOR without the prior written approval of the City Manager. Any attempt by CONTRACTOR 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) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or her designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 8. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’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. CONTRACTOR 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 CONTRACTOR. CONTRACTOR 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 CONTRACTOR.

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Section 11. Insurance and Bonds.

I. Insurance
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) An Owner’s and Contractor’s Protective Liability Policy (OCP) with limits of of Five Million Dollars ($5,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement.
(3) Workers’ compensation insurance as required by the State of California.
(b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The insurance 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) CONTRACTOR 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 CONTRACTOR’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY’s 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. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. (f) The 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 CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.

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II. Bonds
(a) Performance Bond
CONTRACTOR shall submit to CITY a performance bond in the amount of the Agreement. CONTRACTOR shall adhere to all performance bonding requirements for admitted California sureties. Additionally, the required performance bond shall be filed on the form attached hereto as Exhibit D and incorporated herein by this reference and subject to the written approval of the City Attorney. CONTRACTOR shall file with the City Clerk an original copy of the bond, duly certified by the proper authority and attested by the seal of the corporation, and the transcript or record of appointment entitling or authorizing the person or persons purporting to execute the bond for and on behalf of such corporation.
(b) Payment Bond
CONTRACTOR shall submit to CITY a payment bond in the amount of the Agreement.

CONTRACTOR shall adhere to all performance bonding requirements for admitted California sureties. Additionally, the required performance bond shall be filed on the form attached hereto as Exhibit E and incorporated herein by this reference and subject to the written approval of the City Attorney. CONTRACTOR shall file with the City Clerk an original copy of the bond, duly certified by the proper authority and attested by the seal of the corporation, and the transcript or record of appointment entitling or authorizing the person or persons purporting to execute the bond for and on behalf of such corporation.

Section 12. Indemnification.
(a) CONTRACTOR 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 CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR under this Section 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 CONTRACTOR. CONTRACTOR 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 CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.

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

Section 15. Information and Documents.
(a) 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 CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate. (b) Notwithstanding the above, the following data shall remain the property of CONTRACTOR: (i) all data related to and generated by the Otis Peripherals, (ii) all data generated by CONTRACTOR remote diagnostics, service diagnostic and predictive analytical tools, if any and (iii) anonymized aggregated data derived from any data collected by the Otis Peripherals that cannot reasonably be manipulated to identify any individual.

Section 16. Records Retention and Examination. CONTRACTOR 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. CONTRACTOR 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.

CONTRACTOR 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, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR 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 CONTRACTOR. In the performance of this Agreement, CONTRACTOR 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). CONTRACTOR 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.

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Section 18. Prevailing Wage. CITY and CONTRACTOR acknowledge that this project is a public work to which prevailing wages apply. CONTRACTOR shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit F, attached hereto and incorporated herein by this reference.

Section 19. 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 20. 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 21. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, 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 CONTRACTOR.

Section 22. 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 23. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 24. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 25. 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
____________________________
SHARONA R. NAZARIAN, PsyD
Mayor
ATTEST:
______________________(SEAL)

HUMA AHMED
City Clerk [Signatures continue]
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CONTRACTOR: Otis Elevator Company

CATHERINE PIERCE
Manager, Contracts
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
____________________________

ANTHONY RODSTEIN
Purchasing Services Manager
Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 9 B0785-0001\3128875v8.doc

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
CONTRACTOR shall perform the following in connection with the escalators located at 450 North Crescent Drive, Beverly Hills: in-truss replacement of the middle escalator and repair of the bottom escalator, including replacement of glass balustrades and new stainless-steel cladding at walls and soffits to match the original design as delineated in CONTRACTOR’s proposal dated April 14, 2025, attached as Attachment 1 to Exhibit A.

II. INFECTIOUS DISEASE
A. CONTRACTOR 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. CONTRACTOR shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.

C. CONTRACTOR 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: EAEEBB95-504D-4706-BF9E-1D54CEB06716 10 B0785-0001\3128875v8.doc
ATTACHMENT 1 TO EXHIBIT A
Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 EXHIBIT "A" (Page 1 of 11)
450 CRESCENT GARAGE IN-TRUSS ESCALATOR MODERNIZATION $584,325 April 14, 2025 Contract Number F7SD6188 Mark Freberg 213.840.3132
Designation & Model Linke
Rise 10ft 2in 1/8 (3102 mm)
Theoretical Capacity 9000 persons per hour
Step Width 40" (1000 mm)
Flat Steps 2 ot eoch landing
Speed 100 fpm (0.5 m/s)
Arrangement Single
Location/Temp Indoor 39F to 104F (4C to 40C)
Altitude Between O ond 3280 ft (0 ond 1000 m) above seo level Environmental Heating Nol Included Protection
Elec Enclosures NEMA3
Truss Pointed
Seismic Supports Not included
Intermediate Support Not Required
Type Slim glass balustrade
Finish/Color Clear
Balustrade Joints Vertical to step nose line
Panels Length Variable
Thickness 3/8" (10 mm)
Lighting Not Included
Fall Protection Not Included
Decking Hairline 304 stainless steel
Anti-slide devices Not available
Handrail Black polyurethane handrail with high-gloss finish Handrail Sterlllzatlon Device Not included
Handrail Entry Box finish Hairline 304 stainless steel
Handrail Gulde 304 stainless steel
Handrail Tensioning Self-adjusting handrail system
Type/Finish Aluminum alloy with Gray painted finish
Step Type/Finish Demarcation Yellow painted demarcation lines ot both sides ond rear of step tread Sound Deadening Included
Step Demarcation Light Green LED fixtures
Traffic flow Lights Not included
Skirt Panels
Hairline 304 stainless steel with transparent low friction coating and brush guards
Skirt Panel Lighting Not included
Combs Yellow coated aluminum
Comb Lights Not included
Floor & Comb Plate Grooved aluminum with natural finish Manufacturer's Logo Not included
Cladding of Truss See attached scope from Custom Metal Fabricators Remote Monitoring Otis EMS ready with 5 dry contacts
ADD $78,000 for the repairs to the adjacent escalator as specified in the HKA Specifications 14 31 00-11 Section 3.03
TOTAL COST: $662,325
11 B0785-0001\3128875v8.doc
Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 Steel City Glass, Inc.
131 Industrial Way, Corona, Ca. 92882 Phone: (714) 755-1000 Fax: (714) 755-1010 City of Beverly Hills - Public Works Department
345 Foothill Road, Beverly Hills CA 90210
Attn: Eli Benitez - 310.614.4309 - ebenitez@beverlyhil s.org January 30, 2025
RE: 450 N Crescent Or. Parking Structure - Glass Railing Repair Bid Proposal Dear Mr Benitez,
Steel City Glass, Inc is pleased to offer our revised proposal to supply and install the below noted replacement materials on your 450 N Crescent Dr. Parking Structure. Based upon SCG's 01/23/25 site walk; following is the scope of work we propose to furnish:

At Parking Level P1, replace:
13'of Railing Shoe, Cladding, Glass and Top Rail.
- 5'-3"of% thick Glass
13' of Cladding (for existing shoe), Glass and Top Rail - Shop Fabricated per our own VIF dimensions, stick-built on site into your demolished rough openings.

At Parking Level P2, replace:
- 21' ofTop Rail.
18' of Cladding (for existing shoe) and Glass
- 4pcs of Smoke Screen (each piece @ 17" x 96)
Glazing noted above is quoted as follows:

Railing Glass; %" thick monolithic Low Iron glass to match existing.

Smoke Sceen: 3/8" thick monolithic Low Iron glass to match existing. (If the City requires laminated glass, we can provide this at no added cost, but you should be aware that it will not match existing).

All new materials will have a Brushed Stainless Steel finish, SCG includes Hoist Equipment for installation of our scope.

All sample submittals, product data and warranties are included. All applicable sales taxes are included. Installation will occur with our own full-time crew of Glaziers. This proposal is based upon today's material pricing with allowance for procurement and fabrication commencing in 10-25 per dimensions taken on our 01/23/25 site walk. Billable Materials will be stored at our Corona. Ca facility until the parking structure is ready for our installation in 20-25.

This proposal excludes the following:

1. Structural Calculations and Shop Drawings. It is our intention to provide the same materials which were previously installed, in the locations previously installed. If Shop Drawings and calculations are needed, please use the Alternate Pricing below.

2. Cladding and Systems other than included above. NFRC, Title 24 and all other system performance testing, SCG will provide off-the-shelf test reports or calculations already available for the supplied products.

3. Head/ Sill Support members required to support loads imposed by our systems. Demolition, Insulation, Moisture barrier, substrate, flashings and flashing paper.

4. Involvement with escalators and glass installed by others.

5. Operators and Bollards, Push Button Controls, Guardrails and Louvers.

6. Scaffolding, Interior Shades. Mirrors, Fire Rated Frames.

7. Permits and Fees and Liquidated damages.
12 B0785-0001\3128875v8.doc
Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 Steel City Glass, Inc.
131 Industrial Way, Corona, Ca. 92882 Phone: (714) 755-1000 Fax: (714) 755-1010

8. Erection/removal of temporary barricades, Mockups & Attic Stock Materials.

9. Acoustic Test Reports. Testing and inspection. Final Cleaning of SCG materials.

PROPOSAL AMOUNTS:
(Twenty Thousand, Four Hundred Dollars)
$ 20,400
Alternate Pricing:

Add: Engineer Stamped Structural Calculations and Shop Drawings (add to base bid) $ 3,650
Thank you for the opportunity to submit this proposal. If you have any questions, please feel free to contact me at your convenience.

Respectfully,
Steel City Glass, Inc. CSLB #582447
4shMike Reber, Project Manager
Cl. 951.579.0219
13 B0785-0001\3128875v8.doc
Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 CT6
customonea[fabricators
since I956
4/14/2025
Otis Elevator
Mark Freberg [email protected]
213-840-3132
Subject: 455 Crescent garage escalator recladding
Proposal Number: CMF- 4814MJ
ltem 1,- Stainless Steel Cladding at Escalator "B2-UP"
Stainless steel wall & soffit panels at escalator -- B2 "UP All panels to have internal stiffeners
All matching trim is included
16 gauge galvanized sub furring - zees & hats are included where needed Excludes
Demo I off-hours work I any work other than at escalator B2-UP Clarifications:
$149,542.00

1. A 50% deposit is required prior to commencing any work. Balance within 30 days of completion Thank you for the opportunity to provide this proposal. If you have any questions, or would like additional information, please call rne on my direct line at 714-676-1523 Sincerely,
Mike Johnson
CMF, INC.

D/ 714-676-1523
0l 714-637-2409 X 248
CMF, Inc. 1317 W Grove Avenue Orange, CA 92865
Phone 714637-2409 Fax 714-637-4017 CA Lic. 196129 NV Lic 0048166 14 B0785-0001\3128875v8.doc

CLARIFICATIONS
Contract Number
F7SD6188 July 1, 2025
Your Order Number

Date Acknowledged
July 1, 2025
Please refer to our contract number in all
correspondence. Address all inquiries to:

Otis Elevator Company
2701 Media Center Dr #2
Los Angeles, CA 90065
Attn: Mark Freberg

Sold To

City of Beverly Hills

Job Location

450 Crescent Parking Garage

Maintenance is not included in Otis’s price.

Notwithstanding any other provision to the contrary Otis’s Work shall be performed in accordance with the applicable law, code, or regulation (collectively “Code”) in effect on the date that Otis submitted to you it’s initial proposal and not any subsequently changed, amended, altered, or implemented Code.

PROJECT DELAYS BEYOND OTIS’S REASONABLE CONTROL
Otis shall not be liable for any loss, damage or delay nor be found to be in default or breach due to any cause beyond it’s reasonable control including, but not limited to, acts of God or nature; fire; explosion; theft; floods; water; weather; traffic conditions; transportation, material or labor disruptions; epidemic, pandemic, quarantine or other local, state, or federal government action in response thereto; sabotage; cyber-security; national emergency; act of terrorism; earthquake; riot; civil commotion; war; vandalism; national or local labor strikes, lockouts, other labor disputes; misuse, abuse, neglect, mischief, or work by others (collectively “Causes Beyond Otis’s Reasonable Control”). Otis shall be allowed a reasonable amount of additional time for the performance of the Work due to Causes Beyond Otis’s Reasonable Control. Otis’s ability to maintain scheduled job progress is further conditioned upon the timely furnishing to Otis by Customer of completed and code compliant hoistway(s) (wellways) and machine rooms, necessary approvals and power of proper characteristics for Otis’s uninterrupted use.

Under no circumstances shall either party be liable for special, indirect, or consequential damages of any kind including, but not limited to, loss of goodwill, loss of business opportunity, additional financing costs or loss of use of any equipment or property. This limitation of liability also applies to indemnity of third-party claims.

Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 15 B0785-0001\3128875v8.doc

WARRANTY
Otis’s warranty only covers defective material and workmanship for a period that shall not extend longer than one (1) year from the date of completion of each elevator or escalator equipment or acceptance thereof by beneficial use, whichever is the earlier, of each elevator or escalator equipment. Otis’s duty and Customer’s remedy under this warranty are limited to Otis correcting a covered defect that Customer reports to Otis within the warranty period which, at Otis’s option, Otis will repair or replace, provided all payments due under the terms of the Contract have been made in full. This warranty excludes ordinary wear and tear and any damage due to Causes Beyond Otis’s Reasonable Control. Warranty work will be completed during the local Otis office’s regular business hours and excludes local area Union holidays. Should any warranty work be performed outside of these regular business hours, the Customer will be responsible for the premium portion of labor at Otis’s standard service billing rates. THIS EXPRESS WARRANTY IS

EXCLUSIVE AND IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

SOFTWARE
Otis shall exclusively own all intellectual property rights, title, and interest in (i) all Otis’s goods, services, and software, as well as any and all intellectual property conceived and/or developed by Otis in the course of its Work for Customer. The Customer agrees to keep any Otis software resident in the Otis’s goods or services in confidence as a trade secret for Otis and will not permit others to examine, copy, disclose, disassemble, modify, or reverse engineer Otis’s equipment, services or software for any purpose whatsoever. Otis hereby grants to Customer a limited, non-exclusive right and license to use Otis’s intellectual property as embodied in Otis’s goods, services, and software exclusively in connection with and at the physical location where such goods, services, or software are delivered under the Contract. Use of such software for any other purpose is prohibited. Work for Hire provision(s), if any, shall apply only to the extent the information, services, goods, or other items referenced in such provision(s) are specifically developed by Otis solely for Customer’s exclusive use only (and no other customer of Otis) and Customer was expressly contemplated to be the exclusive owner of such information under a separate written agreement. Otis will supply an owner’s manual with instructions on how to operate and maintain the equipment. Otis will not supply any additional information such as internal, confidential, or proprietary information of Otis including internal manuals, manufacturing drawings, or source code.

Any counters, meters, tools, remote monitoring devices, communication devices, resident software or other service equipment (“Otis Peripherals”) which Otis may use or install to deliver service under the Contract remains Otis’s property, solely for the use of Otis’s employees. Otis Peripherals are not considered as part of the equipment. If the Contract is terminated for any reason, Otis shall be given access to the premises to remove the Otis Peripherals at Otis’s expense.

SOFTWARE OBSOLESCENCE
To continue supporting, patching, or upgrading software and any associated hardware where the original supplier of such software and any associated hardware no longer sells the software as new and/or terminates support, patches or upgrades of and/or access to such software, there is an inability to expand or renew licensing agreements, more technologically advanced hardware is available, and/or other changes/upgrades to the overall system render obsolete the functionality of the original software or do not allow the software to execute correctly on the hardware.

DATA PRIVACY
The Work and/or Otis Peripherals provided under the Contract may result in the collection of personal identifiable information. When a party provides to the other party such personal identifiable information, both parties will comply with all applicable data privacy laws in the collection, processing and transfer of Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 16 B0785-0001\3128875v8.doc
such information and will only use such personal information for completing the Work or supporting the Otis Peripherals and for no other purposes.

BACKGROUND CHECKS AND TESTS
Otis supports Customer’s efforts to maintain a safe and productive work environment; however, Otis’s collective bargaining agreement with the IUEC prohibits Otis from completing background checks, searches, or tests on Otis employees in the IUEC bargaining unit. Therefore, Otis cannot agree to authorize any party to complete criminal background checks, searches, or tests on any Otis employees. Otis will request IUEC represented employees furnishing work for Customer to agree to voluntarily submit to a criminal background check and agrees not to staff with employees who do not consent to same to the extent that Customer requires background checks. Customer agrees to pay any and all costs associated with obtaining criminal background checks conducted. Subject to the forgoing, Otis will take appropriate action in the event that Customer advises Otis of any action by any of our employees that is contrary to the maintenance of a safe, healthy and productive workplace.

TAX STATUS
If Otis’s quoted price is based, in part, on Customer’s tax exemption status, but Customer fails to furnish a valid tax exemption certificate to Otis or such tax exemption status is either inapplicable, invalid, incorrect, or otherwise not accepted by the appropriate taxing authority, then Customer agrees the quoted price shall be increased to be inclusive of the required tax amount.

UNION
Otis has a contract with the International Union of Elevator Constructors (IUEC) and therefore cannot agree to be bound by any provision that modifies or conflicts with the union labor agreement.

CUTTING & PATCHING
Otis is not responsible for furnishing the cutting and patching of walls, floors or structural portions of the building.

FIRE LIFE SAFETY
Fire life safety work, if any is required, is not included in Otis’s bid.

ELECTRICAL
Electrical work, if any is required, is not included in Otis’s bid.

BARRICADES
Customer shall be responsible to erect/maintain all barricades in strict conformance with good safety practices, the Code of Federal Regulations as governed by the Occupational Safety Health Act, and any other applicable regulations. If customer is not providing storage then Otis can provide a storage container at an additional cost to the Customer.

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EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONTRACTOR for the satisfactory performance of the Scope of Work as described in Exhibit A in an amount not to exceed Six Hundred Sixty-Two Thousand Three Hundred Twenty-Five Dollars ($662,325.00), including all labor, taxes and expenses and as detailed in Exhibit A.

The purchase price in the Agreement is subject to increase caused by implementation of tariffs that result in higher prices for the materials and goods needed to perform the services under the Agreement. CONTRACTOR shall provide CITY with thirty (30) days prior written notice of the increase and adequate written documentation substantiating the increase. If the increase in costs exceeds the not to exceed amount (including the contingency) set forth in the Agreement, CONTRACTOR shall notify CITY in writing and prior to performing the work which exceeds the Agreement amount, the parties must execute a written amendment to the Agreement.

Contingency in an amount not to exceed Ninety-Nine Thousand Three Hundred Forty-Nine Dollars ($99,349.00) for additional, unforseen, 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 CONTRACTOR in writing. In no event shall the total consideration of this Agreement exceed Seven Hundred Sixty-One Thousand Six Hundred Seventy-Four Dollars ($761,674.00), which includes all expenses and taxes.

PAYMENT SCHEDULE CONTRACTOR must receive 90% of the total amount of the Agreement paid before the elevator is turned over to CITY.
a) Twenty percent (20%) of the contract price shall be paid upon award of contract. b) Thirty percent (30%) of the contract price shall be paid upon delivery of materials. c) Forty percent (40%) of the contract price shall be paid monthly upon installation labor progress.
d) Ten percent (10%) of the contract price shall be paid upon completion of installation.
e) CONTRACTOR reserves the right to discontinue its work at any time by giving CITY at least thirty (30) days written notice if CITY payments are more than 45 days late.

CONTRACTOR 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 CONTRACTOR said Consideration in accordance with the schedule of payment set forth in this Exhibit.

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EXHIBIT C

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

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

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
CONTRACTOR'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: Contractor 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 contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor 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.

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EXHIBIT D

PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS, the City of Beverly Hills, California, hereinafter "City", has awarded to ________________________________________ [Name of Contractor] hereinafter designated as "Principal," a Contract for _____________________________________ within the City; WHEREAS, said Principal is required under the terms of the Contract, which is incorporated herein, and the California Civil Code, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code;
NOW, THEREFORE, we, the undersigned Principal, and ,
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of:
_______________________________________________________ Dollars ($_________________ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

FURTHER the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the Contract Documents, or of the work to be performed thereunder, shall in any way affect the obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract Documents or to the work or specifications thereunder. Surety hereby waives notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by the Principal and Surety named herein, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 20 B0785-0001\3128875v8.doc
DATE: _____________________________________________
"PRINCIPAL" "SURETY"
______________________________________
______________________________________
BY: BY: _________________________________
Its Its
BY: BY: _________________________________
Its Its
{ SEAL } { SEAL }
NOTE: THIS BOND MUST BE EXECUTED IN TRIPLICATE AND DATED. ALL SIGNATURES

MUST BE NOTARIZED, AND EVIDENCE OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT MUST BE ATTACHED.

APPROVED AS TO FORM:

LAURENCE S. WIENER
City Attorney
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EXHIBIT E

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS, the City of Beverly Hills, California, hereinafter "City", has awarded to _________________ [Name of Contractor] hereinafter designated as “principal,” a Contract for _________________________________ within the City;
Whereas, principal is required under the terms of the Contract, which is incorporated herein, to furnish a bond for the faithful performance of the Contract;
Now, therefore, we, the principal and _________________________, as surety, are held and firmly bound unto the City hereinafter called (“Surety”), in the penal sum of ____________________________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City and its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 22 B0785-0001\3128875v8.doc
DATE: _____________________________________________
"PRINCIPAL" "SURETY"
______________________________________
______________________________________
BY: BY: _________________________________
Its Its
BY: BY: _________________________________
Its Its
{ SEAL } { SEAL }
NOTE: THIS BOND MUST BE EXECUTED IN TRIPLICATE AND DATED. ALL SIGNATURES MUST

BE NOTARIZED, AND EVIDENCE OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT MUST BE ATTACHED.

APPROVED AS TO FORM:

LAURENCE S. WIENER
City Attorney
Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 23 B0785-0001\3128875v8.doc

EXHIBIT F
Terms for Compliance with California Labor Law Requirements Section 1. CONTRACTOR acknowledges that the project as defined in this Agreement between CONTRACTOR and CITY, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. CONTRACTOR shall perform all work on the project as a public work. CONTRACTOR shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

Section 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

Section 3. CONTRACTOR shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to CITY prior to the effective date of this Agreement. CONTRACTOR shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. CONTRACTOR and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If CONTRACTOR or any subcontractor cease to be registered with DIR at any time during the duration of the project, CONTRACTOR shall immediately notify CITY.

Section 4. Pursuant to Labor Code Section 1771.4, CONTRACTOR’s services are subject to compliance monitoring and enforcement by DIR. CONTRACTOR shall post job site notices, as prescribed by DIR regulations.

Section 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. CONTRACTOR acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONTRACTOR shall post such rates at each job site covered by this Agreement.

Section 6. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONTRACTOR shall, as a penalty to the CITY, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by CONTRACTOR or by any subcontractor.

Section 7. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1776, which requires CONTRACTOR and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the CITY of the location of the records.

Section 8. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. CONTRACTOR shall Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 24 B0785-0001\3128875v8.doc
be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, CONTRACTOR shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, CONTRACTOR and each of its subcontractors shall submit to the CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

Section 9. CONTRACTOR acknowledges that eight hours labor constitutes a legal day’s work. CONTRACTOR shall comply with and be bound by Labor Code Section 1810.

CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. CONTRACTOR shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of CONTRACTOR in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

Section 10. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Section 11. For every subcontractor who will perform work on the project, CONTRACTOR shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and CONTRACTOR shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. CONTRACTOR shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. CONTRACTOR shall diligently take corrective action to halt or rectify any failure.

Section 12. To the maximum extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend (at CONTRACTOR’s expense with counsel reasonably acceptable to the CITY) the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONTRACTOR, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of CONTRACTOR under this Section shall survive termination of the Agreement.

Docusign Envelope ID: EAEEBB95-504D-4706-BF9E-1D54CEB06716 Certificate Of Completion
Envelope Id: EAEEBB95-504D-4706-BF9E-1D54CEB06716 Status: Sent Subject: Complete with Docusign: Otis Elevator Company - 450 N. Crescent Dr. Escalator Source Envelope:

Document Pages: 24 Signatures: 6 Envelope Originator:

Certificate Pages: 3 Initials: 0 Erin Justus
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
7/23/2025 12:05:06 PM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Catherine Pierce
[email protected]
Manager Contracts / mutually agreed upon t&c's
Otis Elevator
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 136.226.100.114
Sent: 7/23/2025 12:15:48 PM
Resent: 7/23/2025 12:17:29 PM
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Signed: 7/25/2025 9:07:50 AM
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Deborah R. Hakman for
[email protected]
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Sent: 7/25/2025 9:07:52 AM
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Signed: 7/25/2025 10:47:39 AM
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Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
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Using IP Address: 198.245.189.181
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Signed: 7/25/2025 1:24:25 PM
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Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
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Mandana Motahari
[email protected]
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Using IP Address:
2603:8001:9642:3000:244d:1a78:698f:ae06
Signed using mobile
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Signed: 7/25/2025 3:11:43 PM
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Shana E. Epstein
[email protected]
Director of Public Works
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Sent: 7/25/2025 3:11:46 PM
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Nancy Hunt-Coffey
[email protected]
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Sharona R. Nazarian
[email protected]
Security Level: Email, Account Authentication
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Huma Ahmed
[email protected]
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Mark Freberg
[email protected]
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Joe Evans
[email protected]
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Keith Sterling
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Jackie Galeas
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Envelope Sent Hashed/Encrypted 7/23/2025 12:15:49 PM
Envelope Updated Security Checked 7/23/2025 12:17:28 PM Envelope Updated Security Checked 7/23/2025 12:17:28 PM Payment Events Status Timestamps

I COPIED
Attachment 2
Marchl 15, 2025
City of Beverly Hills
RE Wallis Escalators
Due to site conditions to perform a total removal and replacement with a new escalator it is not feasible, excessive structural supports would be required to remove and replace this size and weight of escalator safely. To eliminate this added cost, the rebuild in place option is preferred. This process eliminates any modifications to the building required for a total replacement. Estimated cost for the rebuild in place of the damaged escalator #2 is $500,000. The cost for the architecture Finishes replacement of the glass railing around the escalators and the of an estimated $24,000 as well as replacing the stainless-steel cladding of $150,000 as this being an in-truss mod can not be supplied by the Otis factory. Prices include permits and inspections.

Estimated cost for the troubleshooting and re-assembly of the damaged escalator #1. - is $82,500 based on the specified work HKA provided. Includes all troubleshooting and materials, new step chains, step rollers, reassembly and testing.

Cost above includes discarding of all old parts and used materials.

Alan Taylor
Alan D. Taylor, MSc.

HKA Elevator Consulting Inc.

HKA ELEVATOR CONSULTING
Providing
Vertical Transportation Consulting
Excellence Since 1999
CALIFORNIA:LAGUNA HILLS
949.348.9711
NEVADA:LAS VEGAS
702.319.9711
CALIFORNIA : LAGUNA NIGUEL
949.582.4100
WASHINGTON: SEATTLE
206.954.1821
MINNESOTA: MINNEAPOLIS
952.435.2429
DENVER : COLORADO
720.665.3029

Beverly Hills City CouncilAugust 5, 2025

Beverly Hills City Council
August 5, 2025