Item D-7 Agenda Report — Beverly Hills City Council, January 4, 2022

AGENDA REPORT
Meeting Date: January 4, 2022
Item Number:

To: Honorable Mayor & City Council
From: Masa Alkire, Project Manager
Evelin Welch, Senior Management Analyst
Subject: A. AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND JLEE ENGINEERING, INC. TO PROVIDE PRELIMINARY

PLAN REVIEW SERVICES AND SUPPLEMENTAL

CONSULTING SERVICES FOR THE PROPOSED CHEVAL
BLANC BEVERLY HILLS PROJECT; AND

APPROVAL OF A PURCHASE ORDER TO JLEE
ENGINEERING, INC. FOR A TOTAL NOT-TO-EXCEED
AMOUNT OF $372,600; AND
B. AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

JAS PACIFIC TO PROVIDE PRELIMINARY PLAN REVIEW

SERVICES AND SUPPLEMENTAL CONSULTING SERVICES

FOR THE PROPOSED CHEVAL BLANC BEVERLY HILLS
PROJECT; AND

APPROVAL OF A PURCHASE ORDER TO JAS PACIFIC FOR
A TOTAL NOT-TO-EXCEED AMOUNT OF $139,500; AND
C. APPROVAL OF AN APPROPRIATION REQUEST IN THE
AMOUNT OF $512,100 FROM AVAILABLE GENERAL FUND

BALANCE
Attachments: 1. JLEE ENGINEERING, INC. AGREEMENT

2. JAS PACIFIC AGREEMENT

RECOMMENDATION
Staff recommends the City Council move to approve the agreements with JLee Engineering, Inc. and JAS Pacific to provide preliminary plan review services and supplemental services for the proposed Cheval Blanc Beverly Hills project as follows: (A) approval of an agreement between the City of Beverly Hills and JLee Engineering, Inc.

D-7
Meeting Date: January 4, 2022

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for consultant services related to preliminary plan review and supplemental professional services; and approval of a purchase order in the total amount of $372,600 to JLee Engineering, Inc. for the services (includes a 15% contingency of $55,890); (B) approval of an agreement between the City of Beverly Hills and JAS Pacific for consultant services related to preliminary plan review and supplemental services; and approval of a purchase order in the total amount of $139,500 to JAS Pacific for the services (includes a 10% contingency of $13,950); (C) approval of appropriation of funds in the amount of $512,100 from the General Fund to pay for these consulting services. The total appropriation for the two agreements will be offset by new revenue generated from the plan review application processing fees associated with the proposed Cheval Blanc Beverly Hills project. As of the writing of the agenda report, staff has already collected a portion of plan review fees from the Cheval Blanc project in the amount of $740,689.

INTRODUCTION
City staff is in receipt of an initial plan review application submittal from the Cheval Blanc Beverly Hills applicant team, which has been submitted at the applicant’s risk since the entitlements are still in process, and is intended to provide the applicant with early feedback on structural design and building code compliance so that they can be well positioned to move forward should the entitlements be granted. The current submittal is for subterranean work at the project site (Phase I). As part of processing the applicant’s submittal, staff is requesting approval of two consultant agreements for the additional plan review services that will be required for this project. Staff has solicited proposals from the City’s existing plan review consultants, JLee Engineering, Inc. and JAS Pacific to provide expanded plan review services for the Cheval Blanc project. The Community Development Department has utilized JLee Engineering, Inc. and JAS Pacific to provide the City with supplemental plan review engineering and building code consulting services to assist City staff in maintaining established development review turnaround times during periods of high demand. Both firms have proven themselves in providing a high level of service to the City and its customers. Their expanded engineering and plan review services include reviews for architectural, structural, building and fire systems for compliance with the Beverly Hills Fire and Building codes and other appropriate state and national standards.

Based on this new plan check application submittal and the anticipated additional submittals to come from the Cheval Blanc Beverly Hills project in the future should the entitlements be approved, the demand for service will exceed existing resources. Staff has reviewed the project with the two consultants to ensure their staffing resources will be ready to meet the additional scope of work. Both JLee Engineering, Inc. and JAS Pacific have committed their services to the City on this new project and can take on the additional work without impacting the services provided under existing agreements with both firms.

DISCUSSION
The City has received a plan review application for subterranean work for the Cheval Blanc Beverly Hills Project. Although the approvals for project entitlements and an associated development agreement for the Cheval Blanc Beverly Hills project are still pending, the applicant is interested in obtaining early feedback on technical elements of the project. Staff is considering this initial application as Phase I of the project, and this early submittal is expected to generate important comments to the applicant team regarding grading, shoring, and structural design, as well as overall building code compliance. This early submittal can potentially align with the anticipated public hearing Meeting Date: January 4, 2022

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process, which would then allow the applicant to be better prepared to advance the project should the entitlements be approved.

Staff anticipates the Planning Commission public hearings for Cheval Blanc to begin in February, and for the City Council hearings to occur shortly thereafter in March and/or April. The Project involves the construction of a new building containing an approximately 187,700 SF luxury hotel and approximately 24,300 SF of retail space on North Rodeo Drive. The Project site is approximately 1.2 acres in size and is located in the northern portion of the Beverly Hills Business Triangle.

In order to meet the anticipated demand from this large project, it is necessary to establish new service agreements with JLee Engineering and JAS Pacific to provide dedicated plan review services that will provide consistency and timeliness for the Cheval Blanc project.

Both consulting firms have comprehensive knowledge of the City’s building code and utilize the City’s online plan review software to facilitate electronic plan review for our customers. Staff is requesting approval of the consulting agreement and purchase order with JLee Engineering to provide plan review services for the following disciplines:

Building Plan Reviews (including Green Building, Energy, and Disabled Access), Mechanical Plan Reviews, Electrical Plan Reviews, Plumbing Plan Reviews, and Grading / Low Impact Design (LID) Reviews. Staff is also requesting approval of the consulting agreement and purchase order with JAS Pacific to provide the plan review for Cheval Blanc as it relates to building and fire systems for compliance with the Beverly Hills Fire and Building codes and other appropriate state and national standards including but not limited to: General fire/life-safety, Egress, Fire-resistive Construction, Height and Area Analysis and Compliance, Occupancy Separation and Compliance, Fire Department Site and Structure Access, Water Supply and Fire Pump, Emergency Power, High-rise (CBC Chapter 4 & C.C.R. Title-19), Emergency Responder Radio Coverage (DAS), Fire Sprinkler (NFPA-13), and Fire alarm (NFPA 72).

Based on the two proposals received from JLee Engineering and JAS Pacific, the plan check fees collected on Phase I of the Cheval Blanc project cover all the associated plan check costs for the project as it relates to the disciplines listed above. The zoning plan reviews and permitting work associated with the new project will be processed in-house by the staff from the Major Projects Team.

The approvals requested in this report include: approval of the service agreement and purchase order to JLee Engineering, Inc. in the not-to-exceed amount of $372,600 which includes a 15% contingency; approval of a service agreement and purchase order to JAS Pacific in the not-to-exceed amount of $139,500 which includes a 10% contingency; and lastly approval of an appropriation in the amount of $512,100 to pay for these consulting services. All associated costs with these contracts are borne by the Project Applicant through the new revenue collected from plan check fees.

FISCAL IMPACT
Approval of the two service agreements with JLee Engineering and JAS Pacific require approval of an appropriation request in the not-to-exceed amount of $512,100. The cost of providing these services is offset by the new plan check revenues paid by the project applicant. Therefore, General Fund reserves will not be drawn down to fund this appropriation request as the plan check fee revenues for Cheval Blanc have already been collected and cover the additional consulting services for the project.

Meeting Date: January 4, 2022

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Jeff S. Muir,
Director of Finance
Ryan Gohlich, AICP,
Director of Community Development
Approved By Approved By
ATTACHMENT 1
B0785-0001\2606222v3.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS
AND JLEE ENGINEERING, INC. TO PROVIDE

PRELIMINARY PLAN REVIEW SERVICES AND

SUPPLEMENTAL CONSULTING SERVICES FOR THE

PROPOSED CHEVAL BLANC BEVERLY HILLS PROJECT
NAME OF CONSULTANT: JLEE Engineering, Inc.

RESPONSIBLE PRINCIPAL OF CONSULTANT: Jae Lee, President and Chief Financial Officer
CONSULTANT’S ADDRESS: 430 S. Garfield Avenue, Ste. 301
Alhambra, CA 91801
Attention: Jae Lee, President and CFO
CONSULTANT’S E.I.N./TAX I.D. NO.: 95-4798307
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Ryan Gohlich, AICP
Director of Community Development
COMMENCEMENT DATE: January 4, 2022
TERMINATION DATE: January 4, 2023, with option to extend for two additional one-year terms as described
in Section 2 of the Agreement
CONSIDERATION: Total Not to Exceed: $372,600, including a 15% contingency, at the rates set forth in
Exhibit B.
.

DocuSign Envelope ID: 67CF7196-9900-4B3D-A1EE-45BEDBAD8136 B0785-0001\2606222v3.doc
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
JLEE ENGINEERING, INC. TO PROVIDE PRELIMINARY PLAN

REVIEW SERVICES AND SUPPLEMENTAL CONSULTING

SERVICES FOR THE PROPOSED CHEVAL BLANC BEVERLY

HILLS PROJECT

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

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

NOW, THEREFORE, the parties agree as follows:

Section 1. Scope of Work.
(a) CONSULTANT’s Scope of Work. CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
(b) COVID-19 Vaccination or Testing, and Record Keeping Requirements.

CONSULTANT and its employees, personnel, agents, subconsultants, volunteers and subcontractors or any other individual under the control of CONSULTANT who work with and among CITY employees or the public at CITY worksites and facilities in the performance of their duties under the Agreement (collectively “Covered Employees” ) shall comply with CITY’s COVID19 vaccination or testing, and record keeping requirements in connection with the services provided to CITY under the Agreement and as more particularly described in the attached “Acknowledgement of CITY’s Vaccination Requirements Against The COVID-19 Virus”, Attachment 1 to Exhibit A. CONSULTANT shall execute Attachment 1 to Exhibit A of the Agreement attesting that only Covered Employees who are fully vaccinated or with proof of weekly negative COVID-19 PCR or antigen tests will be assigned to work at CITY worksites and/or facilities at all times during the term of the Agreement.

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.

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3 The City Manager or his designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B. (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).

There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

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

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

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

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

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

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

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

Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under DocuSign Envelope ID: 67CF7196-9900-4B3D-A1EE-45BEDBAD8136 B0785-0001\2606222v3.doc
5 this Agreement, file with the CITY Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(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 DocuSign Envelope ID: 67CF7196-9900-4B3D-A1EE-45BEDBAD8136 B0785-0001\2606222v3.doc
6 Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 17. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 18. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded Section 19. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and 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 20. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 21. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

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

Section 23. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

DocuSign Envelope ID: 67CF7196-9900-4B3D-A1EE-45BEDBAD8136 B0785-0001\2606222v3.doc
7 EXECUTED the day of 20___, at Beverly Hills,
California.

CITY OF BEVERLY HILLS
A Municipal Corporation
____________________________

ROBERT WUNDERLICH
ATTEST: Mayor of the City of Beverly Hills, California
______________________(SEAL)

HUMA AHMED
City Clerk
CONSULTANT: JLEE Engineering, Inc.

JAE LEE
President and Chief Financial Officer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_______________________ ____________________________
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
____________________________

RYAN GOHLICH, AICP
Director of Community Development
____________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 67CF7196-9900-4B3D-A1EE-45BEDBAD8136 -8-
B0785-0001\2606222v3.doc

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK/SERVICES
Upon CITY’s written request, CONSULTANT shall provide the following services:

A. Provide plan check services for the following discipline:
 Building Plan Reviews (including Green Building, Energy, and Disabled Access)  Mechanical Plan Reviews
 Electrical Plan Reviews
 Plumbing Plan Reviews
 Grading / Low Impact Design (LID) Reviews
B. All plan review services shall be performed by International Code Council (ICC) or similarly certified plans examiners and/or licensed professional engineers (State of California), with extensive experience in plan review. All staff utilized by CONSULTANT shall be appropriately licensed, registered, and certified as required by the State of California and CITY to perform each of the specific scopes of work.

C. CONSULTANT shall review all plan check applications for accuracy and make all necessary revisions to such items as description, valuation, square footage, type of construction, and use. All plan review correction materials including marked up plans, documents, and plan check correction lists shall be provided in the CITY desired format to the CITY representative immediately upon completion of the plan review at no extra charge to CITY. This process includes delivery of a digital or hard copy of the reviewed plan, and correction list at no extra cost to CITY. CONSULTANT shall provide plan and document pick-up and delivery service by courier service at no extra charge to CITY.

D. Provide plan check status reports, statistical reports, and performance and management reports, on a regular basis or upon written request of CITY in the format type requested by CITY (paper or electronic). The information requested may include such information as project name, address, description, square footage, and type of construction, type of review(s) performed, hour(s) required per review, reviewer name, reviewer credentials and turnaround time of plan review(s).

E. In order to meet CITY established standards, the expected turn around times for plan review are as follows: ·
 Four (4) weeks for new Large Commercial projects.
 Fifteen (15) working days for resubmitted Large Commercial projects.  Other timetables upon written request of CITY.

DocuSign Envelope ID: 67CF7196-9900-4B3D-A1EE-45BEDBAD8136 B0785-0001\2606222v3.doc
9 F. CONSULTANT’s plan reviewers shall be available to work at CITY upon written request and will be required to access CITY’s permitting system to manage and process the assigned work. Plan reviewers shall be available to applicants and CITY personnel for meetings upon request.

G. CITY encourages electronic plan submittal. CONSULTANT shall provide plan review and scope of work services through CITY’s Electronic Review systems, ProjectDox by Avolve Technologies, or through other electronic media (i.e. PDF, email, etc.) as required by CITY. Electronic plan reviews will be required to be completed utilizing CITY’s ePlan system. System access and training will be provided by CITY to CONSULTANT in accordance with CITY policies and practices. All ePlan records of corrections, approvals, and comments shall be entered in the CITY’s system in a manner that is in accordance to customer service standards and policies. If CONSULTANT uses a different electronic plan review process to provide plan review services, CONSULTANT shall provide CITY with the following:

1. ePlan file transfers from CITY to CONSULTANT and CONSULTANT to CITY.

2. ePlan review real-time status of progress.

3. ePlan corrections (red lines), comments, and clarification transfer to CITY for consolidation with other agencies’ reviews.

4. Coordination with other reviewing agency’s corrections and comments to align correction responses to customer.

5. Recordation of every review cycle and final approval into CITY’s ePlan system.

6. CITY’s ability to review/use CONSULTANT’s system for project information and reports for CITY assigned work.

H. CONSULTANT shall be prepared to effectively develop a method to assist CITY in providing ongoing high quality customer service. CONSULTANT shall assist CITY staff in managing the plan review services for all projects and provide recommendations intended to improve efficiency and cost effectiveness. CONSULTANT shall regularly and effectively communicate with CITY staff and other CITY consultants, and attend meetings as necessary to improve the progress of the work. CONSULTANT shall communicate, cooperate, and team with CITY staff and other CITY consultants to improve project coordination. CONSULTANT shall provide strong emphasis, understanding, and special attention to the management of high profile projects while maintaining work quality, meeting schedules, and staying within budget.

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

DocuSign Envelope ID: 67CF7196-9900-4B3D-A1EE-45BEDBAD8136 B0785-0001\2606222v3.doc
10 B. CONSULTANT shall notify CITY immediately in writing if CONSULTANT or CONSULTANT employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such CONSULTANT employees shall immediately cease performing services under the Agreement.

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

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

2. If CONSULTANT employees have a fever (100°F or higher), are coughing, have trouble breathing or other symptoms of COVID-19, the common cold, or influenza:
(a) Do not have CONSULTANT employees report to work.
(b) Contact your CITY Responsible Principal.
(c) Direct CONSULTANT employees to:
i. Not go out in public.
ii. Avoid contact with others.
iii. Not travel while sick.
iv. Cover mouth and nose with a tissue or sleeve (not hands), while coughing or sneezing.
v. Wash hands often with soap and water for at least 20 seconds to avoid spreading illnesses such as the common cold, influenza or COVID-19 to others. vi. If soap and water are not readily available, use an alcohol-based hand sanitizer, which contains 60%-95% alcohol or solutions available for use at the facility. vii. Wear face coverings at all times unless alone in a vehicle, personal office or cubical,

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

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

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

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

2. CONSULTANT employees are not working while sick.

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

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

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

These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not. CITY encourages and supports the choice to be vaccinated but is not requiring that employees, contractors, consultants, and vendors get vaccinated or provide proof of vaccination.

CONSULTANT shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.

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

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

III. COVID-19 VACCINATION AND RECORD KEEPING REQUIREMENTS CONSULTANT shall execute the attached “ACKNOWLEDGEMENT OF CITY VACCINATION AND RECORD KEEPING REQUIREMENTS AGAINST THE COVID-19 VIRUS”, Attachment 1 to this Exhibit.

DocuSign Envelope ID: 67CF7196-9900-4B3D-A1EE-45BEDBAD8136 B0785-0001\2606222v3.doc
12 ATTACHMENT 1 TO EXHIBIT A

ACKNOWLEDGEMENT OF CITY VACCINATION AND RECORD KEEPING REQUIREMENTS AGAINST THE COVID-19 VIRUS

I, THE UNDERSIGNED, HEREBY ATTEST THAT I AM AN AUTHORIZED REPRESENTATIVE OF CONSULTANT.

I hereby acknowledge and agree to comply with any federal, state and/or local laws, regulations and orders including the CITY’s requirement that CONSULTANT and its employees, personnel, agents, subconsultants, volunteers, and subcontractors, or any other individuals under the control of the CONSULTANT, who work with and among CITY employees or the public at CITY worksites and facilities in the performance of their duties under the Agreement (collectively “Covered Employees”) shall be either fully vaccinated against the COVID-19 virus as defined in this Attachment or be administered weekly COVID-19 tests (PCR or antigen) as required in this Attachment.. Covered Employees shall include those with and without CITY badge access. Fully vaccinated shall be defined as two (2) weeks after the second dose of the Pfizer-BioNTech or Moderna COVID-19 vaccine is administered to the Covered Employee or two weeks after the single dose of the Johnson and Johnson Janssen COVID-19 vaccine is administered to the Covered Employee, or as further defined by the Center for Disease Control and Prevention (“CDC”), State of California, County of Los Angeles, or City of Beverly Hills. Each Covered Employee shall provide proof (vaccine card, image of vaccine card showing vaccination status) to CONSULTANT that such Covered Employee is fully vaccinated as defined in this Attachment or, the Covered Employee shall provide proof of a negative COVID-19 test (PCR or antigen) to CONSULTANT as further described in this Attachment no later than January 17, 2022.

I, the undersigned hereby attest that only vaccinated individuals, or individuals with weekly negative COVID-19 tests (PCR or antigen), will be assigned to work at CITY worksites and/or facilities under the Agreement. Covered Employees may be required to show proof of their vaccination status or a weekly negative COVID-19 test (PCR or antigen) to a CITY representative prior to performing work under the Agreement or at any time while performing work under the Agreement. CONSULTANT shall be responsible for ensuring that all of its assigned Covered Employees are fully vaccinated, or, have a negative COVID-19 test (PCR or antigen) prior to performing work under the Agreement. CONSULTANT shall maintain a log, certified by CONSULTANT, of vaccinated and tested Covered Employees for the term of the Agreement and shall provide such log to CITY upon request at any time.

I understand and acknowledge that CITY may, at a future time, determine that it cannot accommodate unvaccinated Covered Employees, and that it may not permit certain or all unvaccinated Covered Employees to perform work under the Agreement.

Failure to comply with these requirements shall be a default under the Agreement.

CONSULTANT is responsible for all costs associated with compliance with this Attachment.

DocuSign Envelope ID: 67CF7196-9900-4B3D-A1EE-45BEDBAD8136 B0785-0001\2606222v3.doc
13 I ALSO ACKNOWLEDGE THAT THESE REQUIREMENTS MAY CHANGE FROM TIME TO

TIME PURSUANT TO FUTURE FEDERAL, CALIFORNIA AND LOS ANGELES COUNTY

REQUIREMENTS AND AGREE TO COMPLY WITH ALL APPLICABLE STATUTES,

REGULATIONS, ORDERS, ORDINANCES AND POLICIES RELATING TO MITIGATING THE TRANSMISSION OF COVID-19.

I, THE UNDERSIGNED, HEREBY ACKNOWLEDGE THAT THE FOREGOING IS TRUE AND CORRECT UNDER PENALTY OF PERJURY.

JLEE Engineering Services, Inc.

By:____________________________________________________________ Name: Jae Lee
Title: President and Chief Financial Officer
DocuSign Envelope ID: 67CF7196-9900-4B3D-A1EE-45BEDBAD8136 -14-
B0785-0001\2606222v3.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall pay CONSULTANT for the satisfactory performance of the services required in Exhibit A in a total amount not to exceed Three Hundred Seventy Two Thousand Six Hundred Dollars ($372,600), which includes a 15% contingency, at the rates set forth in this Exhibit.

I. FEE SCHEDULE

1. The proposal fee is estimated based on the actual plan check services provided by CONSULTANT for similar project type and category for CITY.

2. For the Cheval Blanc Beverly Hills, the estimated plan check hours are approximately 2,700 hours. The estimated plan check fees for CONSULTANT are $324,000 (=2,700 x $120/hour)

3. The fee proposal for the plan check services is not to exceed $324,000.

4. The contingency of 15% is for unanticipated extra plan check work or labor with CITY’s written authorization.

Fee Schedule for Plan Checks and Reviews
A. Unless noted otherwise listed, all positions in disciplines (building, civil, structural, plumbing, mechanical, electrical, disable access, drainage, grading and traffic plan checks) are under the categories of Sr. Plan Check Engineer, Plan Checker, Sr. Plan Examiner, and Plan Examiner).

B. Plan check, recheck and final reviews charged on the hourly basis as follows Sr. Plan Check Engineer $120.00
Principal $140.00
Plan Check Engineer $110.00
Sr. Plan Examiner $100.00
Plan Examiner $90.00
Certified Access Specialist (CASp) $120.00
CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 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.

II. Details of Fee Schedule
A. Hourly rates include profit and overhead including non-billable administrative staff.

B. CONSULTANT will pay for the cost of all training, equipment, or materials required by CONSULTANT’s staff.

C. CITY will not be charged for the staff time to attend training/events provided by CITY.

EXHIBIT C
DocuSign Envelope ID: 67CF7196-9900-4B3D-A1EE-45BEDBAD8136 B0785-0001\2606222v3.doc
15 CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

ADDRESS C.

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

EXPIRATION
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION

It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

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

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

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

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

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

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:

RM02.DOC REVISED 10/14/96.

Exhibit C
DocuSign Envelope ID: 67CF7196-9900-4B3D-A1EE-45BEDBAD8136 Certificate Of Completion
Envelope Id: 67CF719699004B3DA1EE45BEDBAD8136 Status: Sent Subject: Please DocuSign: JLEE Engineering Services, Inc. (Preliminary Plan Check Svcs on Cheval Blanc P...

Source Envelope:

Document Pages: 15 Signatures: 5 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: 198.245.189.181
Record Tracking
Status: Original
12/22/2021 4:40:10 PM
Holder: Evelin Welch
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Jae Lee
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 108.83.33.177
Sent: 12/22/2021 4:46:48 PM
Viewed: 12/22/2021 4:52:57 PM
Signed: 12/22/2021 4:53:06 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Ryan Gohlich
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 12/22/2021 4:53:09 PM
Viewed: 12/22/2021 5:13:04 PM
Signed: 12/22/2021 5:16:37 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 12/22/2021 5:16:39 PM
Resent: 12/23/2021 7:56:34 AM
Viewed: 12/23/2021 8:29:43 AM
Signed: 12/23/2021 8:30:20 AM
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: 47.154.19.223
Signed using mobile
Sent: 12/23/2021 8:30:22 AM
Viewed: 12/23/2021 8:49:51 AM
Signed: 12/23/2021 8:50:05 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Signer Events Signature Timestamp
Cindy Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 12/23/2021 8:50:07 AM
Electronic Record and Signature Disclosure:

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

Not Offered via DocuSign
Robert Wunderlich
[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
Dorina Mohan
[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
Jackie Perez
[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 12/22/2021 4:46:48 PM
Payment Events Status Timestamps
ATTACHMENT 2

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

JAS PACIFIC TO PROVIDE PRELIMINARY PLAN REVIEW

SERVICES AND SUPPLEMENTAL CONSULTING SERVICES

FOR THE PROPOSED CHEVAL BLANC BEVERLY HILLS

PROJECT
NAME OF CONSULTANT: JAS Pacific

RESPONSIBLE PRINCIPAL
OF CONSULTANT: Christine Champany, Vice President
CONSULTANT’S ADDRESS: 201 North Euclid Avenue, Suite A
Upland, CA 91786
Attention: Christine Champany,
Vice President
CONSULTANT’S E.I.N./TAX I.D. NO.: 33-0604465
CITY’S ADDRESS: City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Attention: Ryan Gohlich, AICP Director of
Community Development
COMMENCEMENT DATE: January 4, 2022
TERMINATION DATE: January 4, 2023 unless extended pursuant to Section 2 of the Agreement
CONSIDERATION: Total Not to Exceed: $153,450, including a 10% contingency, at the rates set forth in
Exhibit B
DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -2-
B0785-0001\2606271v3.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND JAS

PACIFIC TO PROVIDE PRELIMINARY PLAN REVIEW SERVICES

AND SUPPLEMENTAL CONSULTING SERVICES FOR THE

PROPOSED CHEVAL BLANC BEVERLY HILLS PROJECT
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called "CITY"), and JAS Pacific (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 2. Time of Performance.

DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -3-
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The City Manager or his designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

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

DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -4-
B0785-0001\2606271v3.doc
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 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -5-
B0785-0001\2606271v3.doc
this Agreement, file with the CITY Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.

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

Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -6-
B0785-0001\2606271v3.doc
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 21. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

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

DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -7-
B0785-0001\2606271v3.doc
EXECUTED the _____ day of ____________ 20___, at Beverly Hills, California.

CITY OF BEVERLY HILLS,
A Municipal Corporation

ROBERT WUNDERLICH
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)

HUMA AHMED
City Clerk
CONTRACTOR: JAS Pacific

JASON SMITH
President and CFO
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager

RYAN GOHLICH, AICP
Director of Community Development
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -8-
B0785-0001\2606271v3.doc

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall provide the following services:

A. This proposal includes the plan review of the following building and fire systems for compliance with the Beverly Hills Fire and Building codes and other appropriate state and national standards:
1) General fire/life-safety
2) Egress
3) Fire-resistive construction
4) Height & Area analysis & compliance
5) Occupancy separation & compliance
6) Fire department site & structure access
7) Water supply & fire pump
8) Emergency power
9) High-rise (CBC Chapter 4 & C.C.R. Title-19)
10) Emergency Responder Radio Coverage (DAS)
11) Fire sprinkler (NFPA-13)
12) Fire alarm (NFPA 72)
Other related plan review and coordination services that are not specifically described above are not included in this proposal, however, can be performed on an hourly basis.

Service Delivery
B. Plan review services shall commence upon formal submittal of plans to JAS Pacific, Inc., and shall continue until approval of plans. Activities such as virtual and/or in-person meetings, review of Alternative Means or Methods of Compliance, and consultation/coordination with CITY staff are included in this proposal and are considered as billable activities.

C. All plan review services shall be performed by International Code Council (ICC) or similarly certified plans examiners and/or licensed professional engineers (State of California), with extensive experience in plan review. All staff utilized by CONSULTANT shall be appropriately licensed, registered, and certified as required by the State of California and CITY to perform each of the specific scopes of work.

D. CONSULTANT shall review all plan check applications for accuracy and make all necessary revisions to such items as description, valuation, square footage, type of construction, and use.

All plan review correction materials including marked up plans, documents, and plan check correction lists shall be provided in the CITY desired format to the CITY representative immediately upon completion of the plan review at no extra charge to CITY. This process includes delivery of a digital or hard copy of the reviewed plan, and correction list at no extra cost to CITY.

CONSULTANT shall provide plan and document pick-up and delivery service by courier service at no extra charge to CITY.

DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -9-
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E. Provide plan check status reports, statistical reports, and performance and management reports, on a regular basis or upon written request of CITY in the format type requested by CITY (paper or electronic). The information requested may include such information as project name, address, description, square footage, and type of construction, type of review(s) performed, hour(s) required per review, reviewer name, reviewer credentials and turn around time of plan review(s).

F. In order to meet CITY established standards, the expected turn around times for plan review are as follows: ·
 Four (4) weeks for new Large Commercial projects.
 Fifteen (15) working days for resubmitted Large Commercial projects.  Other timetables upon written request of CITY.

G. CONSULTANT’s Plan reviewers shall be available to work at CITY upon request and will be required to access CITY’s permitting system to manage and process the assigned work. Plan reviewers shall be available to applicants and CITY personnel for meetings upon request.

H. CITY encourages electronic plan submittal. CONSULTANT shall provide plan review and scope of work services through CITY’s Electronic Review systems, ProjectDox by Avolve Technologies, or through other electronic media (i.e. PDF, email, etc) as required by CITY.

Electronic plan reviews will be required to be completed utilizing CITY's ePlan system. System access and training will be provided by CITY to CONSULTANT in accordance to CITY policies and practices. All ePlan records of corrections, approvals, and comments shall be entered in the CITY's system in a manner that is in accordance to customer service standards and policies. If CONSULTANT uses a different electronic plan review process to provide plan review services, CONSULTANT shall provide CITY with the following:

1. ePlan file transfers from CITY to CONSULTANT and CONSULTANT to CITY.

2. ePlan review real-time status of progress.

3. ePlan corrections (red lines), comments, and clarification transfer to CITY for consolidation with other agencies reviews.

4. Coordination with other reviewing agency's corrections and comments to align correction responses to customer.

5. Recordation of every review cycle and final approval into CITY's ePlan system.

6. CITY's ability to review/use CONSULTANT's system for project information and reports for CITY assigned work.

I. CONSULTANT shall be prepared to effectively develop a method to assist CITY in providing ongoing high quality customer service. CONSULTANT shall assist CITY staff in managing the plan review services for all projects and provide recommendations intended to improve efficiency and cost effectiveness. CONSULTANT shall regularly and effectively communicate with CITY DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -10-
B0785-0001\2606271v3.doc
staff and other CITY consultants, and attend meetings as necessary to improve the progress of the work. CONSULTANT shall communicate, cooperate and team with CITY staff and other CITY consultants to improve project coordination. CONSULTANT shall provide strong emphasis, understanding, and special attention to the management of high profile projects while maintaining work quality, meeting schedules, and staying within budget.

B. CONSULTANT shall notify CITY immediately in writing if CONSULTANT or CONSULTANT employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such CONSULTANT employees shall immediately cease performing services under the Agreement.

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

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

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

DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -11-
B0785-0001\2606271v3.doc

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

2. CONSULTANT employees are not working while sick.

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

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

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

CONSULTANT shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.

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

III. COVID-19 VACCINATION AND RECORD KEEPING REQUIREMENTS DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -12-
B0785-0001\2606271v3.doc
CONSULTANT shall execute the attached “ACKNOWLEDGEMENT OF CITY VACCINATION AND RECORD KEEPING REQUIREMENTS AGAINST THE COVID-19 VIRUS”, Attachment 1 to this Exhibit.

DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -13-
B0785-0001\2606271v3.doc
ATTACHMENT 1 TO EXHIBIT A

ACKNOWLEDGEMENT OF CITY VACCINATION AND RECORD KEEPING REQUIREMENTS AGAINST THE COVID-19 VIRUS

I, THE UNDERSIGNED, HEREBY ATTEST THAT I AM AN AUTHORIZED REPRESENTATIVE OF CONSULTANT.

Failure to comply with these requirements shall be a default under the Agreement.

CONSULTANT is responsible for all costs associated with compliance with this Attachment.

DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -14-
B0785-0001\2606271v3.doc

I ALSO ACKNOWLEDGE THAT THESE REQUIREMENTS MAY CHANGE FROM TIME TO

TIME PURSUANT TO FUTURE FEDERAL, CALIFORNIA AND LOS ANGELES COUNTY

REQUIREMENTS AND AGREE TO COMPLY WITH ALL APPLICABLE STATUTES,

REGULATIONS, ORDERS, ORDINANCES AND POLICIES RELATING TO MITIGATING THE TRANSMISSION OF COVID-19.

I, THE UNDERSIGNED, HEREBY ACKNOWLEDGE THAT THE FOREGOING IS TRUE AND CORRECT UNDER PENALTY OF PERJURY.

JAS Pacific
By:____________________________________________________________ Name: Jason Smith
Title: President and Chief Financial Officer
DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -15-
B0785-0001\2606271v3.doc

EXHIBIT B

FEE SCHEDULE, PAYMENT AND RATES
CITY shall pay CONSULTANT for the satisfactory performance of the services referenced in Exhibit A in an amount not to exceed One Hundred Fifty-Three Thousand Four Hundred Fifty Dollars ($153,450.00), which includes a 10% contingency, at the following rates:

Proposed Fee
The proposed fee for fire plan review is based on an hourly estimate considering the entirety of the development project as described above. The hourly plan review service rate for the CHEVAL BLANC project is $155/hour. The proposed fee structure, including a “Not to exceed” fee is as follows:

Total estimated fire plan review time: 900 hours
Hourly rate: $155/hour
Calculated Fire Plan Review Fee: (900 hours x $155/hour) = $139,500.00 * *Contingency fee not to exceed 10% of the cost = $13,950 JAS Plan Review
Category
Hourly
Rate
Fire Protection Engineer II $155.00
Fire Plan Reviewer (Certified) I $125.00
Fire Plan Reviewer (Certified) II $135.00
Fire Protection Engineer I $145.00
Civil Engineer, Traffic Engineer, Surveyor I $105.00
Civil Engineer, Traffic Engineer, Surveyor II $115.00
Structural, Electrical, or Mechanical Engineer I $105.00 Structural, Electrical, or Mechanical Engineer II $115.00 CASp Certified Professional I $135.00
CASp Certified Professional II $145.00
The Fee Proposal (including contingency) is for a Not to Exceed amount of $153,450.00
CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 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: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -16-
B0785-0001\2606271v3.doc
Fee Schedule
A. Hourly rates include profit and overhead including non-billable administrative staff.

B. CONSULTANT will pay for the cost of all training, equipment, or materials required by CONSULTANT's staff.

C. CITY will not be charged for the staff time to attend training/events provided by CITY.

DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 -17-
B0785-0001\2606271v3.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.

ADDRESS B.

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

WORKER'S 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.

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.

DATE : BY :

Authorized Insurance Representative
TITLE :

AGENCY : Address :

DocuSign Envelope ID: 92A3A90B-8ABB-4708-BD74-8CEB72D51363 Certificate Of Completion
Envelope Id: 92A3A90B8ABB4708BD748CEB72D51363 Status: Sent Subject: Please DocuSign: Agreement- JAS Pacific ((Preliminary Plan Check Svcs on Cheval Blanc Project) ...

Source Envelope:

Document Pages: 17 Signatures: 5 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: 198.245.189.181
Record Tracking
Status: Original
12/22/2021 4:29:50 PM
Holder: Evelin Welch
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Jason Smith
[email protected]
CEO
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 174.193.207.10
Signed using mobile
Sent: 12/22/2021 4:39:37 PM
Viewed: 12/22/2021 5:10:16 PM
Signed: 12/22/2021 5:10:39 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Ryan Gohlich
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 12/22/2021 5:10:40 PM
Viewed: 12/22/2021 5:17:21 PM
Signed: 12/22/2021 5:21:00 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 12/22/2021 5:21:01 PM
Viewed: 12/23/2021 7:27:42 AM
Signed: 12/23/2021 7:28:06 AM
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: 47.154.19.223
Signed using mobile
Sent: 12/23/2021 7:28:09 AM
Viewed: 12/23/2021 7:38:40 AM
Signed: 12/23/2021 7:39:22 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Signer Events Signature Timestamp
Cindy Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 12/23/2021 7:39:24 AM
Electronic Record and Signature Disclosure: