Item D-9 Agenda Report — Beverly Hills City Council, December 13, 2022

AGENDA REPORT
Meeting Date: December 13, 2022
Item Number:

To: Honorable Mayor & City Council
From: Masa Alkire, AICP Project Manager
Josephina Lee, Management Analyst
Subject: A. AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND JLEE ENGINEERING, INC. TO PROVIDE PLAN REVIEW

SERVICES AND SUPPLEMENTAL CONSULTING SERVICES
FOR THE ONE BEVERLY HILLS PROJECT; AND

APPROVAL OF A PURCHASE ORDER TO JLEE
ENGINEERING, INC. FOR A TOTAL NOT-TO-EXCEED
AMOUNT OF $1,600,000.00; AND
B. AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

JAS PACIFIC TO PROVIDE PLAN REVIEW SERVICES AND

SUPPLEMENTAL CONSULTING SERVICES FOR THE ONE
BEVERLY HILLS PROJECT; AND

APPROVAL OF A PURCHASE ORDER TO JAS PACIFIC FOR
A TOTAL NOT-TO-EXCEED AMOUNT OF $652,050.00; AND
C. APPROVAL OF AN APPROPRIATION REQUEST IN THE
AMOUNT OF $2,252,050.00 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 plan review services and supplemental services for the One Beverly Hills project as follows: (A) approval of an agreement between the City of Beverly Hills and JLee Engineering, Inc. for consultant services related to plan review and supplemental professional services; and approval of a purchase order in the total amount of $1,600,000.00 to JLee Engineering, Inc. for the D-9

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services; (B) approval of an agreement between the City of Beverly Hills and JAS Pacific for consultant services related to plan review and supplemental services; and approval of a purchase order in the total amount of $652,050.00 to JAS Pacific for the services (includes a 15% contingency of $85,000); (C) approval of appropriation of funds in the amount of $2,252,050.00 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 One Beverly Hills project. As of the writing of the agenda report, staff has collected plan review fees for an initial phase of work for the One Beverly Hills project in the amount of $2,425,056.23.

This amount is only a portion of the overall plan check and permit fees that will be required for the One Beverly Hills project.

INTRODUCTION
City staff is in receipt of an initial plan review application submittal from the One Beverly Hill’s applicant team. The current submittal is for grading, shoring, and construction of the project’s basement up to the project datum level (Phase I). As part of processing of the applicant’s Phase I submittal, staff is requesting approval of two consultant agreements for the plan review services that will be required for review of the overall project (All phases of the project). Staff has solicited proposals from JLee Engineering, Inc. and JAS Pacific to provide plan review services for the One Beverly Hills project.

The Community Development Department currently utilizes 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 for future phases of the One Beverly Hills project, the demand for plan review services will exceed the City’s existing in house plan review resources. Staff has reviewed the project with the two consultants to ensure the consultant’s staffing resources will be ready to meet the additional scope of work. Both JLee Engineering, Inc. and JAS Pacific have made commitments to provide dedicated services for the One Beverly Hills project and have confirmed their firms can take on the additional work without impacting the services their firms provide to the City under existing agreements.

DISCUSSION
The applicant’s submittal of the One Beverly Hills Phase I plan check, including the required permit fees for Phase I, occurred on December 6, 2022. The Applicant’s intention is to have Phase I submitted and under review by December 31, 2022. The initial Phase I application is expected to generate important comments to the applicant team regarding grading, shoring, and structural design, as well as building code compliance for the basement level of the building up to Project datum level.

The Project involves the renovation and construction of multiple residential and commercial buildings containing approximately 1.9M SF of floor area. The project includes 340 condo units, a new luxury hotel and renovation of the existing Beverly Hilton Hotel and 600 luxury hotel rooms, and new open space, of which approximately

4.5 acres will be publicly accessible botanical gardens. The Project site is approximately

17.4 acres in size and is located between Wilshire Boulevard and North Santa Monica Boulevard.

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In order to provide consistent and timely plan review services for this large project, it is necessary to establish new project specific service agreements with JLee Engineering and JAS Pacific to provide dedicated plan review services for the One Beverly Hills project. Both consulting firms have comprehensive knowledge of the City’s building regulations and have previously utilized the City’s online plan review software to complete electronic plan reviews for the City. 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 One Beverly Hills 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 One Beverly Hills project will cover of the entirety of the City’s consultant costs for the One Beverly Hills project plan review. The zoning plan reviews and permitting work associated with the One Beverly Hills 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 $1,600,000; approval of a service agreement and purchase order to JAS Pacific in the not-to-exceed amount of $652,050.00 which includes a 15% contingency; and lastly approval of an appropriation in the amount of $2,252,050.00 to pay for these consulting services.

FISCAL IMPACT
Approval of the two service agreements with JLee Engineering and JAS Pacific requires approval of an appropriation request in the not-to-exceed amount of $2,252,050.00. 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 Phase I plan check fees already collected for the One Beverly Hills project will cover the full cost of the two agreements for plan review consulting services for the entirety of the project.

Jeff Muir
Director of Finance
Ryan Gohlich
Director of Community Development
Approved By Approved By
ATTACHMENT 1
-1-
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AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS
AND JLEE ENGINEERING, INC. TO PROVIDE PLAN

REVIEW SERVICES AND SUPPLEMENTAL CONSULTING

SERVICES FOR THE ONE 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: December 13, 2022
TERMINATION DATE: December 13, 2023 unless extended per Section 2 of the Agreement
CONSIDERATION: Total Not to Exceed: $1,600,000.00 at the rates set forth in Exhibit B.
.

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

SERVICES AND SUPPLEMENTAL CONSULTING SERVICES

FOR THE ONE BEVERLY HILLS PROJECT
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called "CITY"), and JLee Engineering, Inc. (hereinafter called "CONSULTANT").

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

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

NOW, THEREFORE, the parties agree as follows:

Section 1. Scope of Work.

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

Section 2. Time of Performance.

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

The City Manager or his designee may extend the time of performance in writing for one additional one-year term or such other term not to exceed one year 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.

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(b) Expenses
CONSULTANT shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by CONSULTANT which are not expressly authorized by this Agreement will not be reimbursed by CITY. (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

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

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

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

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

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

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

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

Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

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(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 Two Million Dollars ($2,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the DocuSign Envelope ID: 5D65E2C1-BF1B-4DD8-B571-44B6E367FB36 -5-
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deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.

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

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

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

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

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

Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by 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 DocuSign Envelope ID: 5D65E2C1-BF1B-4DD8-B571-44B6E367FB36 -6-
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are maintained. CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

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

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

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

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

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

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

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

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

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

CITY OF BEVERLY HILLS
A Municipal Corporation
____________________________

LILI BOSSE
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
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EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK/SERVICES
Upon CITY’s written request, CONSULTANT shall provide the following services in connection with the One Beverly Hills project (“Project”):

A. Provide Project plan check services for the following disciplines:
 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 Project 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 Project plan check applications for accuracy and make all necessary revisions to such items as description, valuation, square footage, type of construction, and use. All Project plan review correction materials including marked up plans, documents, and Project plan check correction lists shall be provided in CITY’s desired format to CITY’s representative immediately upon completion of the Project plan review at no extra charge to CITY. This process includes delivery of a hard copy of the reviewed Project plan, correction list and a soft copy emailed at no extra cost to CITY.

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

D. Provide Project 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 turnaround times for Project plan review are as follows:
 Eight (8) weeks for new Large Commercial projects.
 Four (4) weeks for resubmitted Large Commercial projects.  Other timetables upon written request of CITY.
 The CONSULTANT will work to accommodate the applicant team’s construction timeline.

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F. CONSULTANT’s Project 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. Project plan reviewers shall be available to applicants and CITY personnel for meetings upon request.

G. CITY encourages electronic Project plan submittal. CONSULTANT shall provide Project 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 Project 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 CITY’s system in a manner that is in accordance to customer service standards and policies. If CONSULTANT uses a different electronic Project plan review process to provide Project 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 Project plan review services 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 the high profile Project 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 DocuSign Envelope ID: 5D65E2C1-BF1B-4DD8-B571-44B6E367FB36 -10-
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“CONSULTANT employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.

B. CONSULTANT shall notify CITY immediately in writing if CONSULTANT or CONSULTANT employees have come in contact with anyone with an infectious disease or has 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.

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2. CONSULTANT employees are not working while sick.

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

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

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

These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not. 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: 5D65E2C1-BF1B-4DD8-B571-44B6E367FB36 -12-
B0785-0001\2750227v1.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 One Million Six Hundred Thousand Dollars ($1,600,000), at the rate set forth in this Exhibit.

I. FEE SCHEDULE

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

2. For the Project, the estimated plan check hours are approximately 10,000 hours. The estimated Project plan check fees for CONSULTANT are $1,600,000 (=10,000 hours x $160/hour)
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 CONSULTANT’s staff time to attend training/events provided by CITY.

DocuSign Envelope ID: 5D65E2C1-BF1B-4DD8-B571-44B6E367FB36 -13-
B0785-0001\2750227v1.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 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.

DocuSign Envelope ID: 5D65E2C1-BF1B-4DD8-B571-44B6E367FB36 Certificate Of Completion
Envelope Id: 5D65E2C1BF1B4DD8B57144B6E367FB36 Status: Sent Subject: Complete with DocuSign: Agreement - JLEE Engineering (OBH Project 2022).pdf Source Envelope:

Document Pages: 13 Signatures: 4 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: 198.245.189.166
Record Tracking
Status: Original
12/6/2022 3:30:25 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: 12/6/2022 3:34:42 PM
Viewed: 12/6/2022 3:54:38 PM
Signed: 12/6/2022 3:54:58 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: 198.245.189.181
Sent: 12/6/2022 3:55:02 PM
Viewed: 12/6/2022 7:34:32 PM
Signed: 12/6/2022 7:38:36 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sharon 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: 12/6/2022 7:38:39 PM
Viewed: 12/7/2022 7:59:05 AM
Signed: 12/7/2022 7:59:12 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: 208.87.234.180
Sent: 12/7/2022 7:59:14 AM
Viewed: 12/7/2022 9:01:47 AM
Signed: 12/7/2022 9:02:02 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: 12/7/2022 9:02:06 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
Lili Bosse
[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
Flora Flowers
[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 12/6/2022 3:34:42 PM
Payment Events Status Timestamps
ATTACHMENT 2
B0785-0001\2750218v1.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

JAS PACIFIC TO PROVIDE PLAN REVIEW SERVICES AND

SUPPLEMENTAL CONSULTING SERVICES FOR THE ONE

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: December 13, 2022
TERMINATION DATE: December 31, 2023 unless extended
pursuant to Section 2 of the Agreement
CONSIDERATION: Total Not to Exceed: $652,050, including a 15% contingency, at the rates set forth
in Exhibit B
DocuSign Envelope ID: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF -2-
B0785-0001\2750218v1.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND JAS

PACIFIC TO PROVIDE PLAN REVIEW SERVICES AND

SUPPLEMENTAL CONSULTING SERVICES FOR THE ONE

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 1. Scope of Work.

Section 2. Time of Performance.

DocuSign Envelope ID: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF -3-
B0785-0001\2750218v1.doc
(b) Expenses
CONSULTANT shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by CONSULTANT which are not expressly authorized by this Agreement will not be reimbursed by CITY. (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

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

Section 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:

DocuSign Envelope ID: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF -4-
B0785-0001\2750218v1.doc
(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 Two Million Dollars ($2,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the DocuSign Envelope ID: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF -5-
B0785-0001\2750218v1.doc
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.

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

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, DocuSign Envelope ID: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF -6-
B0785-0001\2750218v1.doc
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 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

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

DocuSign Envelope ID: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF -7-
B0785-0001\2750218v1.doc
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

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

CITY OF BEVERLY HILLS,
A Municipal Corporation

LILI BOSSE
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: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF -8-
B0785-0001\2750218v1.doc

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall provide the following services in connection with the One Beverly Hills development project (“Project”):

A. Plan review of the following building and fire systems for compliance with CITY’s Fire and Building codes and other appropriate state and national standards as follows:
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 Scope of Work, however, can be performed at CITY’s written request on an hourly basis.

Service Delivery
B. Plan review services shall commence upon formal submittal of Project plans to CONSULTANT, and shall continue until approval of Project 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 Scope of Work 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 services.

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 CITY’s desired format to CITY’s representative immediately upon completion of the Project plan review at no extra charge to CITY. This process includes delivery of a digital or hard copy of the reviewed Project plan, and correction list at no extra cost DocuSign Envelope ID: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF -9-
B0785-0001\2750218v1.doc
to CITY. CONSULTANT shall provide Project plan and document pick-up and delivery service by courier service at no extra charge to CITY.

E. Provide Project 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 Project plan review(s).

F. In order to meet CITY established standards, the expected turn around times for Project 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 Project 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.

Project plan reviewers shall be available to applicants and CITY personnel for meetings upon request.

H. CITY encourages electronic plan submittal. CONSULTANT shall provide Project plan review and 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 Project 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 Project plan review process to provide Project 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 CITY.

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 DocuSign Envelope ID: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF -10-
B0785-0001\2750218v1.doc
Project plan review services for the Project 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 the high profile Project 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.

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

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

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

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

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

DocuSign Envelope ID: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF -11-
B0785-0001\2750218v1.doc

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

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

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

2. CONSULTANT employees are not working while sick.

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

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

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

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

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

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

DocuSign Envelope ID: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF -12-
B0785-0001\2750218v1.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall pay CONSULTANT for the satisfactory performance of the services referenced in Exhibit A in an amount not to exceed Six Hundred Fifty-Two Thousand Fifty Dollars ($652,050.00), including a 15% contingency, at the following rates:

FEE SCHEDULE
The proposed fee for fire plan review is based on an hourly estimate considering the entirety of the Project as described in Exhibit A. The hourly plan review service rate for the Project is $175/hour. The proposed fee structure, including a “Not to exceed” fee is as follows:

Total estimated fire plan review time: 3,240 hours
Hourly rate: $175/hour
Calculated Fire Plan Review Fee: (3,240 hours x $175/hour) = $567,000.00 * *Contingency fee not to exceed 15% of the cost = $85,020.00 The Fee Proposal (including contingency) is for a Not to Exceed amount of $652,050.00
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.

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 CONSULTANT staff time to attend training/events provided by CITY.

DocuSign Envelope ID: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF -13-
B0785-0001\2750218v1.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:

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: F78EA6D3-7891-450D-8AF9-E0F3C81A40FF Certificate Of Completion
Envelope Id: F78EA6D37891450D8AF9E0F3C81A40FF Status: Sent Subject: Complete with DocuSign: Agreement- JAS Pacific (OBH Project 2022).pdf Source Envelope:

Document Pages: 13 Signatures: 4 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: 198.245.189.166
Record Tracking
Status: Original
12/6/2022 3:39:16 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: 47.149.54.191
Sent: 12/6/2022 3:43:11 PM
Viewed: 12/6/2022 5:17:41 PM
Signed: 12/6/2022 5:17:52 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: 12/6/2022 5:17:56 PM
Resent: 12/7/2022 8:41:37 AM
Viewed: 12/7/2022 2:07:56 PM
Signed: 12/7/2022 2:08:28 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: 12/7/2022 2:08:31 PM
Viewed: 12/7/2022 2:29:14 PM
Signed: 12/7/2022 2:29:20 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Deborah R. Hakman
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.234.180
Sent: 12/7/2022 2:29:24 PM
Viewed: 12/7/2022 2:33:52 PM
Signed: 12/7/2022 2:34:26 PM
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: 12/7/2022 2:34:29 PM
Electronic Record and Signature Disclosure: