AGENDA REPORT APPROVAL OF A PURCHASE ORDER TO JLEE ENGINEERING, INC. FOR A TOTAL NOT TO EXCEED AMOUNT OF $600,000

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1 AGENDA REPORT Meeting Date: July 18, 2017 Item Number: E 13 To: From: Honorable Mayor & City Council Susan Healy Keene, AICP, Director of Community Development Raj Patel, Assistant Director of Community Development/Building Official Subject: A. AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND JLEE ENGINEERING, INC. TO PROVIDE PLAN REVIEW SERVICES AND SUPPLEMENTAL CONSULTING SERVICES; AND Attachments: 1. Agreements APPROVAL OF A PURCHASE ORDER TO JLEE ENGINEERING, INC. FOR A TOTAL NOT TO EXCEED AMOUNT OF $600,000 B. AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND JAS PACIFIC TO PROVIDE PLAN REVIEW SERVICES AND SUPPLEMENTAL CONSULTING SERVICES; AND APPROVAL OF A PURCHASE ORDER TO JAS PACIFIC, INC. FOR A TOTAL NOT TO EXCEED AMOUNT OF $250,000 C. AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND CSG CONSULTANTS, INC. TO PROVIDE PLAN REVIEW AND SUPPLEMENTAL CONSULTING SERVICES; AND APPROVAL OF A PURCHASE ORDER TO CSG CONSULTANTS, INC. FOR A TOTAL NOT TO EXCEED AMOUNT OF $250,000 Page 1 of 5 7/10/2017

2 Meeting Date: July 18, 2017 RECOMMENDATION Staff recommends that the City Council move to approve the agreements listed below with various consultants for plan review and supplemental services; and approve purchase orders 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 services; and approval of two purchase orders in the total amount of $600,000 to JLee Engineering, Inc. for the 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 two purchase orders in the total amount of $250,000 to JAS Pacific for the services; C. Approval of an agreement between the City of Beverly Hills and CSG Consultants, Inc. for consultant services related to plan review and supplemental services; and approval of two purchase orders in the total amount of $250,000 to CSG Consultants, Inc. for the services. Services under these agreements will commence on July 1, 2017 and end on June 30, For FY , the combined total non-to-exceed purchase order amount for services provided by all of the three consulting firms is $1,100,000. There are two funding sources associated with these agreements. Of the total $1,100,000, an amount of $800,000 has been approved in the budget to be offset with plan review fee revenue. The remaining $300,000 will be offset from fees directly charged to developers requesting expedited review. Staff is recommending two separate purchase orders be created for each consulting firm to correspond with each funding source. INTRODUCTION The Community Development Department conducts engineering plan reviews to verify all proposed construction meets the safety and sustainability requirements of the Beverly Hills Municipal Code, the recently adopted 2016 California Building Standards Codes and other appropriate State and Federal laws. Due to the extraordinary level of development activity experienced during the current construction cycle, the demand for plan review services exceeds what the City s current staffing level can complete on a timely basis. There has also been an increase in the size and complexity of projects that often require specific professional expertise. Since 2007, the City has had an agreement with JLee Engineering Inc., to provide engineering plan review and building code consulting services to respond to customer service level demands during peak work periods. The firm was selected for this agreement based on their specialized professional engineering consulting knowledge and skills, and has consistently demonstrated their ability to respond to the needs of the City. The current agreement with JLee Engineering, Inc. expires on June 30, Page 2 of 5 7/10/2017

3 Meeting Date: July 18, 2017 There has not been a Request for Proposal (RFP) for these professional services since the inception of the agreement with JLee Engineering, Inc. Staff determined that an RFP was needed to ensure the City continues to receive cost effective service. DISCUSSION On April 10, 2017, staff advertised an REP for plan review and supplemental services that include: architectural, structural, electrical, mechanical, plumbing, grading, drainage, accessibility, energy, green building, landscape, geology, soils, geotechnical and fire and life safety and smoke control system submittals; certified access specialist, zoning, and public works engineering plans; with a response due date of May 11, The City issued a solicitation in accordance with current City procedures for procuring professional services. The City received timely proposals from eleven professional firms. These eleven firms were Bureau Veritas, Jensen Hughes, California Code Check, 4Leaf, Inc.; JAS Pacific, Inc., VCA Code, JLee Engineering Inc.; Interwest Consulting Group, m6 Consulting, EgGIL/Safebuilt, and CSG Consultants, Inc. City staff reviewed and evaluated the proposals based on the criteria identified in the RFP: understanding of the scope of work, demonstrated professional skills and credentials, related experience of firm and project team, familiarity with City, County, State codes, regulations and procedures, strategy to meet expected plan review turnaround time, and references. At the conclusion of the initial proposal evaluation, staff deemed 4 firms most qualified and invited them to an interview to discuss their proposal and service approach; JAS Pacific, California Code Check, JLee Engineering, Inc.; and CSG Consultants, Inc., namely. With an interviewing panel consisting of staff from Community Development and the Public Works departments, the first two firms were interviewed on June 7th and the remaining two firms were interviewed on June 12th After a thorough analysis of the proposals, the selection panel recommends that the City execute three separate contract agreements with the three top-scoring firms, JAS Pacific, JLee Engineering, Inc. and CSG Consultants, Inc. These three firms were selected based on various criteria including strong resources for overall plan review services as defined in the scope of work of the REP, competitive pricing and cost structure, and turn-around times of their services. The three firms also demonstrated the ability to provide the City with a high degree of professional technical skill and expertise to maintain the City s goal of exceptional customer service. About the JAS Pacific Consulting Team Eounded and incorporated in California in 1993, JAS Pacific is a full-service comprehensive provider in building and safety services, including plan check, inspection, permit center and public information counter, clerical assistance, full department management and administration, urban planning and public works, and specialized management services. JAS Pacific has provided building and safety support services for over 24 years in California. With their main office located in Upland, California, they currently provide services to numerous local and regional governmental entities throughout the state ranging in size and geography including: City of Santa Monica, City of Glendale, City of Long Beach, City of Culver City, City of Anaheim, City of Pasadena, County of Los Angeles, and County of San Diego to name a few. JAS Pacific is committed Page 3 of 5 7/10/2017

4 Meeting Date: July 18, 2017 to meet with customers at the City facilities as needed for each project. Their strong presence in the region offers the strength, stability, experience, and technical competence that is desired of a firm providing professional plan review services. With the management team possessing over 140 collective years of experience, JAS Pacific provides each city, town, or county with a tailored service program to meet their needs. JAS Pacific has a multitude of resources from which the City will benefit from, they employ nearly 100 professionals. About JLee Engineering, Inc. Consulting Team JLee Engineering is a full-service firm located in Alhambra, California, specializing in providing plan check and related services to local governmental agencies. JLee Engineering is committed to meet with customers at the City facilities as needed for each project. For the plan review and other services for various disciplines, the experiences and expertise of their team members give them the ability to provide distinctive quality of services. JLee Engineering has the knowledge and experience to provide successful Plan Review and Supplemental Services. Since 2007, JLee Engineering has been providing customized plan review and other services to the City of Beverly Hills; therefore, JLee Engineering is very familiar with the City s requirements, procedures, and expectations. Currently, JLee Engineering also provides plan review and related services to other local jurisdictions including: City of El Segundo, City of Irvine, City of Santa Ana, County of Los Angeles Public Works/Building and Safety, and County of San Bernardino. About CSG Consultants, Inc. Consulting Team CSG Consultants, Inc. (CSG) is a California company with a local office in the City of Orange. CSG is committed to meet with customers at the City facilities as needed for each project. Founded in 1991, CSG performs work solely for public agencies, eliminating the potential for conflicts of interest. In this way, they can focus exclusively on the specific needs of municipal clients. CSG provides a wide range of services to community development and public works departments. The firm has over 260 individuals that have provided public agency services throughout their careers. CSG staff has provided building and fire plan review, CASp services, zoning and development review, for projects throughout California. CSG Consultants, Inc. provides or has provided plan review and related services to several local jurisdictions including: City of Anaheim, City of Garden Grove, City of Carson, City of Hawthorne, City of Torrance, City of Inglewood, City of Fullerton, and City of Orange. Contract Amount and Term In determining the appropriate contract agreement amounts, staff considered that by sharing the consultant work between the three top-scoring consultants, rather than just one, staff will have greater capacity and flexibility in assigning consultant resources Staff will assign projects based on consultant availability and the city s needs. A greater contract amount has been allocated to JLee in recognition that there are number of projects that are currently in the review process with JLee. Based on a number of professional economic projections staff expects the current construction workload to continue for two additional years. Thus, it is important that JLee Engineering, Inc, JAS Pacific, and CSG Consultants, Inc. have sufficient contract authority, in order to allow the City maximum flexibility to be able to respond quickly to expedite plan review when the need arrives. Page 4 of 5 7/10/2017

5 Meeting Date: July 18, 2017 Staff recommends the three contract agreements be awarded in the following amounts: up to $600,000 per year for JLee Engineering, Inc.; up to $250,000 per year for JAS Pacific; and up to $250,000 to CSG Consultants, Inc. The contract agreement would last for a term of three years, starting on July 1, 2017 and ending on June 30, 2020; with the option to extend two additional one-year terms. Those amounts are not to exceed, and not obligated contract amounts. The three proposed contract agreements including attached hourly rate sheets, were approved as to form by the City Attorney and have been reviewed and agreed by the three recommended consultants: JAS Pacific, JLee Engineering, Inc. and CSG Consultants, Inc. are attached, (Attachment 1,2, and 3). FISCAL IMPACT The cost for these services has been approved as part of the Council Approved budget for the Community Development Department offset by plan check and permit revenues. No additional appropriation is necessary. For accounting purposes, Staff also recommends that because the agreements have two different funding sources ($800,000) from City-approved budget that is offset by plan check and permit revenues, and ($300,000) which will be paid by developers as they request expedited plan review services; two separate purchase orders will be created for each consulting firm for a combined total not-to-exceed purchase order amount of $1,100,000 for FY Susan Healy Keene, AICP By Page 5 of 5 7/10/2017

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8 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND JLEE ENGINEERING, INC. TO PROVIDE PLAN REVIEW SERVICES AND SUPPLEMENTAL CONSULTING SERVICES NAME OF CONSULTANT: JLEE Engineering, Inc. RESPONSIBLE PRINCIPAL OF CONSULTANT: Jae Lee, President and CFO CONSULTANT S ADDRESS: 430 S. Garfield Avenue, Suite 301 Alhambra, CA Attention: Jae Lee, President and CFO CITY S ADDRESS: City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA Attention: Susan Healy Keene, AICP, Director of Community Development COMMENCEMENT DATE: July 1, 2017 TERMINATION DATE: June 30, 2020, unless ectended pursuant to Section 2 of the Agreement CONSIDERATION: FY 2017/18: Not to exceed $600,000.00; FY 2018/19: Not to exceed $600,000.00; FY 2019/20: Not to exceed $600,000.00; Total Not to Exceed: $1,800, I\ v1 doc

9 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND JLEE ENGINEERING, INC. TO PROVIDE PLAN REVIEW SERVICES AND SUPPLEMENTAL CONSULTING SERVICES 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. CONSULTANT s Scope of Work. CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing. Section 2. Time of Performance. CONSULTANT shall commence its services under this Agreement upon the Commencement Date 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 above. 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) CITY agrees to compensate CONSULTANT for the services and/or goods provides 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 hourly rates set forth in Exhibit B. (b) 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. -2- B fl v1 doc

10 (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Services. 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 above 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: \ v 1 doc

11 (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 coveting 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. California. (3) Workers compensation insurance as required by the State of (4) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) pet 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-consultants 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 Clerk 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 Clerk such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. All of the 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 this Agreement. (f) 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. (g) 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 \ v I doc

12 deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. (h) 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. 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. 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 and Inspections. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years. CITY shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copes and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. 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 -5- B \ v1 doc

13 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. EXECUTED the day of 20, at Beverly Hills, California. CITY OF BEVERLY HILLS, a municipal corporation ATTEST: LILI BOSSE Mayor of the City of Beverly Hills, California BYRON POPE City Clerk (SEAL) \20$3900v1.doc

14 CONTRACTOR: JLEE NGINEERING, INC. JAE EE Pr ident and Chie inancial Officer APPROVED AS TO FORM: APPROVED AS TO CONTENT: LAURENCE S. WIENER City Attorney MAHDI ALUZRI City Manager %fl/ SAN HEALYKEEf, ICP Director of Community Development D ESSEL \20$3900v I.doc

15 EXHIBIT A SCOPE OF WORK 1.0 SCOPE OF WORK A. Upon CITY s written request, CONSULTANT may provide the following services: 1. Building and Fire Life Safety Plan Review Services Review architectural, structural, electrical, mechanical, plumbing, grading, drainage, accessability, energy, green building, landscape, fire and life safety, and smoke control system submittals, plans, and reports for compliance with the California Building Standards Codes, CITY s Municipal Code and other applicable Federal, State, and local laws, policies, ordinances, and regulations. CONSULTANT shall perform site visits as required by CITY to verify existing conditions and better coordinate plan review services. 2. Certified Access Specialist Program ( CASP ) Provide certified CASp professional to review plans, perform site visits and meet with the public to discuss issues related to State and Federal accessibility compliance. 3. Zoning Plan Review Services Review plans for compliance with CITY s Municipal code, conditions as set by CITY staff, commissions, and City Council, and all applicable State and local laws, policies, procedures, and standards. CONSULTANT shall review existing planning and building records to verify compliance conditions. 4. Public Works Engineering Plan Review Services Perform Map plan review services for compliance with the Subdivision Map Act, CITY s Municipal Code and map checking procedures. CONSULTANT to review tentative maps, final maps, rights of way, vacations, easement deeds, encroachements, and lot line adjustments. CONSULTANT shall assure submittals comply with Conditions of Approval as set by CITY staff, commissions, and the City Council. CONSULTANT shall also review map boundaries, surveys, and field check final monumentation prior to bond exoneration. CONSULTANT shall prepare all necessary documents for submittal to the County of Los Angeles Public Works Department prior to recording. CONSULTANT shall assist in preparing all City Council staff reports required for approval of such maps, rights of way, vacations, easements, and encroachments. Review development plans for Storm Water Quality including NPDES and SUSMP, and other applicable Federal, State, and local laws, policies, procedures, and standards. CONSULTANT must have a thorough knowledge of hydrology and hydraulic principles and a good working knowledge of regional and local hydrology and drainage manuals. CONSULTANT shall be required to make independent engineering judgments and recommendations and interact with other Departments and Divisions. -8- BO7$5OOO1\2O839OOvI doc

16 Perform Engineering Review of public utility improvements related to private development including electrical, communications, water and sewer plans and calculations. CONSULTANT shall have good working knowledge of water systems. CONSULTANT will be required to make independent engineering judgments and recommendations and interact with other Departments and Divisions. Review Street Improvement Plans and Traffic Engineering plans related to private development for compliance with local, county, Caltrans, Americans with Disability Act and California Title 24 requirements. These plans will include such elements as streets, striping, signage, sidewalks, curb and gutter, bikeway, street lights, and traffic signals. CONSULTANT will be required to make independent engineering judgments and recommendations and interact with other Departments and Divisions. 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 hard copy of the reviewed plan, correction list and a soft copy ed 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. 0. 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). E. In order to meet CITY established standards, the expected turn around times for plan review are as follows: Two (2) weeks for Tenant Improvements, Single Family Residential and Light Commercial projects Four (4) weeks for new Multi-family Residential and Large Commercial projects. Five (5) working days for resubmitted Residential and Light Commercial projects. Fifteen (15) working days for resubmitted Multi-family Residential and Large Commercial projects. Other timetables upon written request of CITY \ v1.doc

17 F. 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. 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, , 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. 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 \ v I doe

18 EXHIBIT B SCHEDULE OF PAYMENT AND RATES CITY shall pay CONSULTANT for the satisfactory performance of the services referenced in Exhibit A as set forth below. FEE SCHEDULE I. 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: (There will be no additional charge for the expedited plans.) Principal $ Sr. Plan Check Engineer $ Plan Check Engineer $ Sr. Plan Examiner $ Plan Examiner $90.00 Certified Access Specialist (CASp) $ Fire Plan Reviewer $ Fire Protection Engineer $ Geologist $ Geotechnical Engineer $ Sr. Planner - Zoning Plan Examiner $ Planner - Zoning Plan Examiner $90.00 Permit Technician (ICC Certified) $60.00 CONSULTANT shall submit an itemized statement to CITY for its services performed which shall include documentation setting forth, in detail, a description of the services rendered. CITY shall pay CONSULTANT all undisputed amounts of such billing within thirty (30) days of receipt of same. 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. 11 B I v I doc

19 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. C. COMPANY POLICY EXPIRATION LIMITS COVERAGE (A.B.C.) B.I. NUMBER DATE 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. 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: AGENCY: BY: TITLE: Address: Authorized Insurance Representative -12- B07$5-000I\ v1.doc

20

21 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND JAS PACIFIC TO PROVIDE PLAN REVIEW SERVICES AND SUPPLEMENTAL CONSULTING SERVICES NAME OF CONSULTANT: JAS Pacific RESPONSIBLE PRINCIPAL OF CONSULTANT: Christine Champany, Vice President CONSULTANT S ADDRESS: 201 North Euclid Avenue, Suite A Upland, CA Attention: Christine Champany, Vice President CITY S ADDRESS: City of Beverly Hills 455 North Rexford Drive Beverly Hills, CA Attention: Susan Healy Keene, AICP Director of Community Development COMMENCEMENT DATE: July 1, 2017 TERMINATION DATE: June 30, 2020 unless extended pursuant to Section 2 of the Agreement CONSIDERATION: FY 2017/18: Not to exceed $250,00000; FY 2018/19: Not to exceed $250,000.00; FY 2019/20: Not to exceed $250,000.00; Total Not to Exceed: $750,000.00

22 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND JAS PACIFIC TO PROVIDE PLAN REVIEW SERVICES AND SUPPLEMENTAL CONSULTING SERVICES 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. CONSULTANT s Scope of Work. CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing. Section 2. Time of Performance. CONSULTANT shall commence its services under this Agreement upon the Commencement Date 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 above. 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. csatiori. (a) Compensation CITY agrees to compensate CONSULTANT for the services and/or goods provides 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 hourly 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 \20$3929v1.doc

23 (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Services. 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 above 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. -3- B07$5-0001\ v1.doc

24 (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. California. (3) Workers compensation insurance as required by the State of (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-consultants 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+;VIl 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 Clerk 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 Clerk such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. All of the 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 this Agreement. (f) 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. -4- BO785OOO1\2O83929v1.doc

25 (g) 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. (h) 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. 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. 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 and Inspections. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years. CITY shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copes and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. 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 OI\ v1.doc

26 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. EXECUTED the day of 20, at Beverly Hills, California. CITY OF BEVERLY HILLS, a municipal corporation ATTEST: LILI BOSSE Mayor of the City of Beverly Hills, California BYRON POPE City Clerk (SEAL) -6- B \ v1.doc

27 CONTRACTOR: JAS Pacific JASON SMITH President and CFO APPROVED AS TO FORM: APPROVED AS TO CONTENT: LAURENCE S. WIENER City Attorney MAHDI ALUZRI City Manager SHMON L HEUREUX DRSEL Interim Risk Manager -7- B \ v1.doc

28 EXHIBIT A SCOPE OF WORK 1.0 SCOPE OF WORK A. Upon CITY s written request, CONSULTANT may provide the following services: 1. Building and Fire Life Safety Plan Review Services Review architectural, structural, electrical, mechanical, plumbing, grading, drainage, accessability, energy, green building, landscape, fire and life safety, and smoke control system submittals, plans, and reports for compliance with the California Building Standards Codes, CITY s Municipal Code and other applicable Federal, State, and local laws, policies, ordinances, and regulations. CONSULTANT shall perform site visits as requited by CITY to verify existing conditions and better coordinate plan review services. 2. Certified Access Sjecialist Program ( CASp ) Provide certified CASp professional to review plans, perform site visits and meet with the public to discuss issues related to State and Federal accessibility compliance. 3. Zoning Plan Review Services Review plans for compliance with CITY s Municipal code, conditions as set by CITY staff, commissions, and City Council, and all applicable State and local laws, policies, procedures, and standards. CONSULTANT shall review existing planning and building records to verify compliance conditions. 4. PubHc Works Engieeting Plan Revw Servkes Perform Map plan review services for compliance with the Subdivision Map Act, CITY s Municipal Code and map checking procedures. CONSULTANT to review tentative maps, final maps, rights of way, vacations, easement deeds, encroachements, and lot line adjustments. CONSULTANT shall assure submittals comply with Conditions of Approval as set by CITY staff, commissions, and the City Council. CONSULTANT shall also review map boundaries, surveys, and field check final monumentation prior to bond exoneration. CONSULTANT shall prepare all necessary documents for submittal to the County of Los Angeles Public Works Department prior to recording. CONSULTANT shall assist in preparing all City Council staff reports required for approval of such maps, rights of way, vacations, easements, and encroachments. Review development plans for Storm Water Quality including NPDES and SUSMP, and other applicable Federal, State, and local laws, policies, procedures, and standards. CONSULTANT must have a thorough knowledge of hydrology and hydraulic principles and a good working knowledge of regional and local hydrology and drainage manuals. CONSULTANT shall be required to make independent engineering judgments and recommendations and interact with other Departments and Divisions $5-0001\ v1.doc

29 Perform Engineering Review of public utility improvements related to private development including electrical, communications, water and sewer plans and calculations. CONSULTANT shall have good working knowledge of water systems. CONSULTANT will be required to make independent engineering judgments and recommendations and interact with other Departments and Divisions. Review Street Improvement Plans and Traffic Engineering plans related to private development for compliance with local, county, Caltrans, Americans with Disability Act and California Title 24 requirements. These plans will include such elements as streets, striping, signage, sidewalks, curb and gutter, bikeway, street lights, and traffic signals. CONSULTANT will be required to make independent engineering judgments and recommendations and interact with other Departments and Divisions. 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 hard copy of the reviewed plan, correction list and a soft copy ed 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 turn around time of plan review(s). E. In order to meet CITY established standards, the expected turn around times for plan review are as follows: Two (2) weeks for Tenant Improvements, Single Family Residential and Light Commercial projects Four (4) weeks for new Multi-family Residential and Large Commercial projects. Five (5) working days for resubmitted Residential and Light Commercial projects. Fifteen (15) working days for resubmitted Multi-family Residential and Large Commercial projects. Other timetables upon written request of CITY. F. 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. -9- B \ v1.doc

30 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, , 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. 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 B0785M001 \ v1.doc

31 EXHIBIT B FEE SCHEDULE, PAYMENT AND RATES CITY shall pay CONSULTANT for the satisfactory performance of the services referenced in Exhibit A at the following rates: Zoning H eviewer(, ) I Planner Zoning Plan Reviewer (Certified) II $ Building Plan Reviewer (Certified) I $95.00 Building Plan Reviewer (Certified) II $ Building Plan Review Engineer I $ Building Plan Review Engineer Il $ Fire Plan Reviewer (Certified) I $ Fire Plan Reviewer (Certified) II $ Fire Protection Engineer I $ Fire Protection Engineer II $ Civil Engineer, Traffic Engineer, Surveyor I $ Civil Engineer, Traffic Engineer, Surveyor II $ Structural, Electrical, or Mechanical Engineer I $ Structural, Electrical, or Mechanical Engineer II $ Geotechnical Engineer I $ Geotechnical Engineer II $ CASp Certified Professional I $ CASp Certified Professional II $ CONSULTANT shall submit an itemized statement to CITY for its services performed which shall include documentation setting forth, in detail, a description of the services rendered. CITY shall pay CONSULTANT all undisputed amounts of such billing within thirty (30) days of receipt of same. 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 M001\ v1.doc

32 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. C. COMPANY POLICY EXPIRATION LIMITS COVERAGE B I (A.B.C.) NUMBER DATE P.D. AGGREGATE El LI AUTOMOBILE LIABILITY GENERAL LIABILITY PRODUCTS/COMPLETED OPERATIONS LI LI LI LI El 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. 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 Beveriy 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: AGENCY: BY: TITLE: Address: Authorized Insurance Representative M001\ v1.doc

33 CSG CONSULTANTS, INC.

34 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND AND CSG CONSULTANTS, INC. TO PROVIDE PLAN REVIEW AND SUPPLEMENTAL CONSULTING SERVICES NAME OF CONSULTANT: CSG CONSULTANTS, Inc. RESPONSIBLE PRINCIPAL OF CONSULTANT: Paul Armstrong, Vice President CONSULTANT S ADDRESS: 3707 W. Garden Grove Blvd., Suite 100 Orange, CA Attention: Paul Armstrong, Vice President CITY S ADDRESS: CITY of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA Attention: Susan Healy Keene, AICP Director of Community Development COMMENCEMENT DATE: July 1, 2017 TERMINATION DATE: June 30, 2020, unless extended pursuant to Section 2 of the Agreement CONSIDERATION: Fiscal Year 2017/2018: Not to exceed $250,000 Fiscal Year 2018/2019: Not to exceed $250,000 Fiscal Year 2019/2020: Not to exceed $250,000 Total: Not to exceed $750,000 B07S5-000I\20$3913v1.doc

35 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND AND CSG CONSULTANTS, INC. TO PROVIDE PLAN REVIEW AND SUPPLEMENTAL CONSULTING SERVICES THIS AGREEMENT is made by and between the CITY of Beverly Hills (hereinafter called CITY ), and CSG CONSULTANTS, 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. CONSULTANT s Scope of Work. CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing. Section 2. Time of Performance. CONSULTANT shall commence its services under this Agreement upon the Commencement Date 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 above. 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. (a) Compensation. Compensation CITY agrees to compensate CONSULTANT for the services and/or goods provides 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 hourly 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 \ v1.doc -2-

36 (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 Services. 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 above 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: B \20$39 13v idoc -3-

37 (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. California. (3) Workers compensation insurance as required by the State of (4) Professional Liability Insurance [check if applicable] 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-consultants 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 Clerk 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 Clerk such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. All of the 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 this Agreement. (f) 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. (g) 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 B07$5-0001\ v1 doc -4-