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CSG Consultants - 2013 Agreement
AGREEMENT FOR SERVICES 2-03 This AGREEMENT made this 13th day of March, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: CSG Consultants, Inc., having a principal place of business at 1700 South Amphlett Boulevard, 3rd Floor, San Mateo, California 94402. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on March 13, 2013 and will continue in effect through March 12, 2016, unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONSULTANT STATUS It is the express intention of the parties that CONSULTANT is an independent CONSULTANT and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. IMDOLINGER11070823.1 -1- 101712- 04706083 C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." 1MDOLINGER11070823.1 -2- 101712- 04706083 ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence and aggregate. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish evidence of such coverage IMDOLINGEM1070823.1 -3- 101712- 04706083 (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; • CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf, • CITY will not withhold state or federal income tax from payment to CONSULTANT; • CITY will not make disability insurance contributions on behalf of CONSULTANT; • CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant's Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this IMDOLINGER11070823.1 -4- 101712- 04706083 Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: I. CONSULTANT'S failure to professionally and /or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done 1MDOLINGER11070823.1 -5- 101712- 04706083 toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subCONSULTANTs performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subCONSULTANTs, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every CONSULTANT or subCONSULTANT under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting IMDOLINGER11070823.1 -6- 101712- 04706083 practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subCONSULTANT. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent of employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. WDOLINGEM1070823.1 -%- 101712- 04706083 K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: CSG Consultants, Inc. By: �� Name: ohn �orPra Tit le: Regional Manager Social Security or Taxpayer Identification Number 91- 2053749 Approved as rm i a allon — City Attorney ( j; " I 1l WDOLINGER1107D823.1 -8- 101712-04706083 W GILROY By: 1**' 7-7S l Name: Thomas J.4faglund Title: City Administrator ATTEST, Sh4wna Freels - EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign John LaTorra, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, David Chung, shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. WDOLiNGEM1070823.1 -1- 101712- 04706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. IMDOLINGER11070823.1 -2- 101712- 04706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. IMDOLINGER11070823.1 -3- 101712- 04706083 H. NOTICES. Notices are to be sent as follows: CITY: David Chung, Building Plan Check En igineer City of Gilroy 7351 Rosanna Street Gilroy, CA. 95020 CONSULTANT: John LaTorra, Regional Manager CSG Consultants, Inc. 1700 South Amphlett Boulevard, 3rd Floor San Mateo, CA. 94402 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.J. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.J. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. WDOLINGEM1070823.1 -4- 101712- 04706083 EXHIBIT "B" SCOPE OF SERVICES CSG Consultant, Inc. shall be responsible for the following services: 1 Perform on -call (onsite and offsite) and expedited plan review of submitted residential, commercial and industrial (structural and non - structural) building plan and fire suppression, detection and alarm system plans. 2 Perform combination building and life safety inspections for residential, commercial, and industrial in accordance with the approved documents, adopted codes and standards amended by the City. COMPLIANCE STANDARDS 3 Perform comprehensive plan review service including all trades; other functions include but are not limited to: writing plan review reports, holding meetings, answering inquiries and phone calls as needed. 4 Incorporated requirements from other City departments, divisions, regulating agencies and jurisdictions, i.e., Planning, Engineering, Fire and Chemical Control, Health Department, etc. 5 Process plan revisions and verify that corrections have been satisfactorily made in a timely manner. COMMUNICATION STANDARDS 6 Provide a 1 -800- number for service calls from BLES Division and permit applicants. 7 Be available to confer with applicants and City staff at City Hall by telephone conversations, e-mail and fax during all normal business hours. 8 Provide in -house plans examining services at City Hall. 9 Provide pick -up and delivery service to and from City Hall when necessary. STAFF MEETING /PROFESSIONAL DEVELOPMENT 10 Meet with BLES staff upon request. 11 Provide BLES staff with scheduled training modules instructed by your staff to further professional development and meet the intended standards of AB 717 (certification and continued educational training, minimum fifteen (15) hours annually). City staff will provide a list of topics. WDOLINGEM1070823.1 -1- 101712- 04706083 CSG is well qualified to provide professional plan check and inspection services to the City of Gilroy. Of special note is our existing partnership with the City and our intimate knowledge of the City's needs. We understand the City requires on -call (onsite and offsite) and expedited plan review of submitted residential, commercial and industrial (structural and non - structural) building plan and fire suppression, detection and alarm system plans, as well as combination building and life safety inspections for residential, commercial, and industrial in accordance with the approved documents, adopted codes and standards amended by the City. CSG employs a team of professionally licensed plan review engineers, certified building officials, plan reviewers, inspectors and permit technicians to manage building department operations, support front counter procedures, review all plans, and inspect structures for code conformance. Our longtime experience in furnishing comprehensive building and fire life safety services to jurisdictions provides a consistent, strong technical foundation to all projects —from cutting edge digital plan review to providing faster - than - scheduled turnaround times and assisting in last minute inspection requests. Firm Information CSG Consultants, Inc. is a California firm with our headquarters in San Mateo, and regional offices located in Pleasanton, Sacramento, Salinas, Newman, and Santa Ana. We furnish a wide range of building and fire life safety, municipal engineering, public works and community development services to public agencies. Our talented personnel bring a wealth of ideas and experiences having held similar positions with communities dealing with the same development operations and challenges as the City of Gilroy. Insurance Coverage: Indemnification & Insurance Requirements CSG is a fully insured company. In addition to the required State Worker's Compensation Insurance, CSG has a comprehensive automobile policy in the amount of one million dollars ($1,000,000); coverage in the amounts of two million dollars ($2,000,000) for general liability; and one million dollars ($1,000,000) for professional errors and omissions. Upon award of contract, CSG will name City of Gilroy, its officers and employees as additional insured. IMDOLINGER11070823.1 -2- 101712- 04706083 Project Approach M Methodology and Ability to Perform Our staff understands the development approval process because we work side -by -side with local communities building and improving these very systems. CSG is very familiar with the requirements of the City of Gilroy as we have successfully partnered with the City in the past for provision of staffing and services. CSG carefully selects key professionals and researches the necessary resources specific to any project on which we propose. We offer professional engineers, highly qualified plan examiners, fully certified inspectors as well as certified building technicians with extensive experience. All proposed personnel are highly skilled and experienced understanding the policies and procedures necessary for streamlined services and superior customer care. Staffing can be provided on a full- or part -time capacity adjusting with the ebbs and flows of City projects; plan review only, field inspection only; or both plan review and inspection services. CSG can also perform plan review services onsite or at one of our local offices. Main staff profiles are included within this proposal for your review. Additional staff can be added when workload warrants. With each additional staff member proposed, CSG will obtain prior approval from the City's designated manager. CSG will not utilize the services of sub- consultants for this contract. Commitment to Excellence We encourage our staff to participate in and contribute to the many associations important to our industry. Knowing technical excellence and proficiency is vital to successful public service; our staff regularly attends update seminars, specialized training classes, and continuing certification conferences. Many of our staff hold or have held key positions within the groups listed below as well as serve as in- demand instructors and trainers. We support community outreach whenever possible. e League of California Cities LEAGUE urcaiiroti�i� 1 California Building Officials C I T I E S t International Code Council MEMBER .. CALBd n, ICC Chapters of Sacramento Valley, East Bay, Peninsula, Napa - Solano, Yosemite, Monterey, Shasta Cascade, Los Angeles Basin, Coachella, Orange Empire, Foothill P County Building Officials Association of California e California Fire Chiefs Association Northern Fire Prevention Officers r Southern Fire Prevention Officers National Fire Protection Association A California Automatic Fire Alarm Association y xc c i " WA [ sc 0 ?oununv r.M.u�w.v. UDOLINGEM1070823.1 101712 - 04706083 American Fire Sprinkler Association National Fire Sprinkler Association American Public Works Association Institute of Transportation Engineers Structural Engineers Association of Northern California Structural Engineers Association of Southern California Certified Access Specialist institute (CASi) -3- Training Opportunities Key CSG personnel are available for training in -house or at CSG offices. Many of our staff currently serve as instructors for the International Code Council, CALBO Training Institute, as well as provide specialized lectures and seminars for industry organizations and ICC chapters throughout California. We understand the City will provide a listing of topics to satisfy the intended standards of AB 717. Technical Capabilities and Personnel Qualifications John La Torra ICC (Governmental & Honorary Memberships) Building (Structural & Non - Regional Manager, California Building Officials - CALBO Structural), T24 Energy, Project Manager International Association of Plumbing and Mechanical Officials - Accessibility, Plumbing, IAPMO Mechanical, Electrical, Green National Fire Protection Association - NFPA Building, Noise Attenuation International Association of Electrical Inspectors - IAEI American Society of Plumbing Engineers - ASPE Established ICBO and IAPMO Certification Programs as well as Serving on Several Oversight Committees Michael Loomis, SE, PE, Structural Engineer, State of California SE4824 Building (Structural & Non - LEED, CASp, CBO Civil Engineer, State of California 060787 Structural), T24 Energy, Structural Plan Review Plans Examiner, ICC /ICBO Certified Accessibility, Plumbing, Engineer California Residential Building Inspector, ICC Certified Mechanical, Electrical, LEED, LEED Accredited Professional CASp, CBO CASp Specialist 099 Certified Building Official 8000164 Ritchie Kato, SE, PE, CASp Structural Engineer, State of California SE2650 Building (Structural & Non - Structural Plan Review Civil Engineer, State of California C31833 Structural), T24 Energy, Engineer CASp Specialist 272 Accessibility, Plumbing, Mechanical, Electrical, CASp Ed Chock, SE, PE Structural Engineer, Sate of California 3759 Building (Structural & Non - Structural Plan Review Structural Engineer, State of Nevada 018605 Structural), T24 Energy, Engineer Structural Engineer, State of Arizona 51735 Accessibility, Plumbing, Structural Engineer, State of Utah 7850765- Mechanical, Electrical Civil Engineer, State of California 2203 24158 Civil Engineer, State of Nevada 018605 Civil Engineer, State of Texas 106754 Certified Building Official ICC 3118 Certified Plans Examiner ICC 88554 Ginsun Ku, SE, PE, CBO Structural Engineer, State of California SE3089 Building (Structural & Non - Structural Plan Review Civil Engineer, State of California C33204 Structural), T24 Energy, Engineer Structural Engineer, State of Nevada 13131 Accessibility, Plumbing, Civil Engineer, State of Nevada 13131 Mechanical, Electrical ICC Certified Plans Examiner Certified Building Official 2268 Khoa Duong. PE Civil Engineer, State of California 43901 Building (Structural & Non - Project Manager, Lead Plans Examiner, ICC Certified 0840436 Structural), T24 Energy, Contact Accessibility, Plumbing, Mechanical, Electrical Steven Huang, PE Civil Engineer, State of California 71411 Building (Structural & Non - Plan Review Engineer Plans Examiner, ICC Certified Structural), T24 Energy, Accessibility, Plumbing, Mechanical, Electrical Paul Armstrong, PE, CBO Professional Engineer, State of California 45464 Building (Structural & Non - Senior Plan Review Engineer, Building Official, ICC Certified 0002014 -CB Structural), T24 Energy, Building Official Accessibility, Plumbing, Mechanical, Electrical IMDOLINGER11070823.1 -4- 101712- 04706083 Kevin Chan, PE Civil Engineer, State of California 70329 Building (Structural & Non - Plan Review Engineer Plans Examiner, ICC Certified Structural), T24 Energy, Accessibility, Plumbing, Mechanical, Electrical Sayaka Yamare, PE Civil Engineer, State of California 78195 Building (Structural & Non - Plan Review Engineer, Building Plans Examiner, ICC Certified 5303943 Structural), T24 Energy, Permit Technician Accessibility, Plumbing, Mechanical, Electrical Dean Deupser Building Inspector, ICC Certified 0853628 -B5 Building (Structural & Non - Building Inspector Electrical Inspector, ICC Certified 08628 -ES Structural), T24 Energy, Mechanical Inspector, ICC Certified 0853628 -44 Accessibility, Plumbing, Plumbing Inspector, ICC Certified 0853628 -PS Mechanical, Electrical Mechanical Inspector, ICC Certified 0853628 -MS Journeyman Electrician Evan Hill Building Inspector , ICC Certified 5012836 -BS Building (Structural & Non - Building Inspector, Building Inspector, ICC Certified 5012836 -10 Structural), T24 Energy, Plans Examiner Mechanical Inspector, ICC Certified 5012836 -MS Accessibility, Plumbing, Mechanical Inspector, ICC Certified 5012836 -40 Mechanical, Electrical Plumbing Inspector, ICC Certified 5012836 -PS Electrical Inspector, NEC 5012836 -ES Electrical Inspector , ICC Certified 5012836 -20 Combination Inspector, ICC Certified 5012836 -C8 Safety Assessment Program SAP C61388 IAPMO Plumbing Inspector UPC 097796 CABEC Certified Energy Plans Examiner RES -01 -1025 FEMA Certificate L273 Managing Floodplain Development ( NFIP Henry Centeno Building Inspector, ICC Certified 5093177 Building (Structural & Non - Building Inspector Electrical Inspector, ICC Certified 5093307 Structural), T24 Energy, Plumbing Inspector, ICC Certified 5093307 Accessibility, Plumbing, Mechanical Inspector, ICC Certified 5093307 Mechanical, Electrical Residential Combination Inspector, ICC Certified 5093307 IAPMO Mechanical Inspector N91183 John Villalpando Building Official, ICC Certified 1478 Building (Structural & Non - Building Inspector, Plans Examiner, ICC Certified 12043 Structural), T24 Energy, Plans Examiner, Building Inspector 8167 Accessibility, Plumbing, Building Official Light Commercial Combination Inspector, ICC Certified 92627 Mechanical, Electrical Class B Contractor 333529 Jose Perez Building Inspector, ICC Certified 1093579 -10 Building (Structural & Non - Building Inspector Plumbing Inspector, ICC Certified 1093579 -34 Structural), T24 Energy, CA Residential Electrical Inspector, ICC Certified 1093579 Accessibility, Plumbing, Licensed Contractor B665173 Mechanical, Electrical Daniel Najera California Fire Code Inspector O5HPD Inspector of Record DSA Fire & Life Safety Plans Examiner 2007 Codes Fire Prevention SA Fire Plan Review and Fire Prevention 1B Inspection Fire Prevention 1C Certified Instructor for 13D Systems Thomas Wiley Fire Plans Examiner, ICC Certified 525896643 NFPA Certified Fire Plans Examiner CFPE 02- Fire Plan Review and ICC Certified Building Plan Reviewer 0040 Inspection (please refer to staff profile for additional certifications) Michael Cully Uniform Fire Code Inspector, UFCA Certified 500189 -00 Uniform Fire Code Inspector, UBC, ICC Certified 0858917 -65 Fire Inspector II, ICC Certified 0858917 -67 - DSA Certified Fire and Life Safety Plans Examiner Fire Plan Review and California Fire Code Inspector CFC0024.07 Inspection Building Official, ICC Certified 0858917 Building Plans Examiner, ICC Certified 0858917 -83 4 IMDOLINGER11070823.1 -$- 101712- 04706083 Organizational Chart We propose the following organizational structure for this project. All services will be directed out of our Salinas office with additional resources available, if necessary, from any of our regional offices. The required qualifications are presented within this proposal as well as comprehensive resumes within the Appendix. No sub - consultants are anticipated for this project. PIEASANTIMN iCNEA FL CE v i SANTA ANA ARiA WCE ;i F, i IMDOLI NGER11070823.1 101712 - 04706083 Paul Armstrong,' PE, CBO; Dan Niles enlor Plan Review Engineer fire tnspectian Kevin Chan, PE 3 Michael Cully Plan Review Engineer i'3 Fire Inspection Sayaka Yamare, PE Thomas Wiley Plan Review Engineer, Fire Inspection Shweta Prakash, PE Plan Review Engineer FIRE PLAN REVIEW Dan Najera Fire Plan Review Michael Cully Fire Plan Review Thomas Wiley Fire Plan Review nnai Resources' -' eed t .'.:j ,,.a Pleasanton f San'Mateo J Sacramento / SonfaAno $ -6- Plan Review Services CSG's professional engineers and plans examiners have all of the necessary licensing and certifications to provide building plan check services. CSG acts at all times as agents of the agencies we serve, providing responsive customer service to all clientele. CSG is committed to putting the interests and needs of the City first and foremost. Code Compliance Standards Our engineers and plan reviewers review plans for compliance with all policy and model codes adopted by the State, including but not limited to: 1 2010 California Building Code, Volumes 1 and 2 as adopted by the State of California 11 2010 California Residential Code ► 2010 California Electrical Code as adopted by the State of California 2010 California Plumbing Code as adopted by the State of California M 2010 California Mechanical Code as adopted by the State of California 1 2010 California Fire Code as jointly published by the Western Fire Chiefs Association and the National Fire Protection Association (NFPA) as amended and adopted by the State of California (Title -24, Part 9 California Fire Code) National Fire Codes as published by the National Fire Protection Association (NFPA); as adopted and referenced by the State of California (California Code of Regulations, Title -19, Section 1.09) 1 2010 State Historical Building Code 0 200812010 California Energy Code 1 2010 California Green Building Code i City adopted ordinances and amendments relative to building and municipal codes, including project Conditions of Approval from other City departments, divisions, regulating agencies, and jurisdictions Plan Check Comments All plan check comments will be formatted to the City's established correction list templates. Any additional forms established by the City for alternative methods of construction and /or deviations from requirements, such as disabled access, will be incorporated into the correction comments and returned completed with the appropriate recommendations. In addition, Internet access is available for transferring plan check comments. This will enable City staff to immediately modify our checklist for incorporation with other department comments. Plan Review and Overflow Plan Review CSG offers plan review staffing to accommodate any level of service required for the City in maintenance of quality customer services. In addition, services are available from any of our regional offices to augment City staffing or for offsite /overflow plan review. 6 1MDOLINGER11070823.1 -%- 101712- 04706083 OHPD3 Reviews Our staff of professional engineers, architects, and certified plans examiners is experienced with and have successfully completed many OSHPD3 plan reviews for multiple client agencies. Green Building and LEER Certifications CSG Consultants has all the qualifications necessary to assist the City in both the development of policy and the implementation of green and sustainable building practices. The Environmental and Sustainable Program division of CSG can assist on c demolition and recycling as well as public outreach involved in the building industry. < ' We have Certified Green Building Professionals (CGBP) and LEED certified personnel on staff. Our Building Division staff is experienced in plan review and inspection for "" . compliance with CalGreen and local green building ordinances. Fire Plan Review Services CSG understands the City requires: Fire suppression, detection, and alarms systems, fire code plans examining, and fire inspections. CSG's fire plan review staff can furnish fire sprinkler and fire alarm plan review for any and all structures including industrial and commercial buildings, single - family and multi - family complexes for compliance with all local ordinance and State and Federal codes and regulations pertaining to Fire and Life Safety. Our talented professionals are prepared to review all types of projects for the City; from complex custom homes to shopping centers and high -rise buildings. CASp Plan Review Services Our CASp certified staff are knowledgeable in state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. In accordance with newly- formed rules and regulations we can supply a CASp certified professional to review plans for accessibility as well as serve as a technical resource for building division staff to answer questions related to accessibility. CSG staff can help jurisdictions comply with regulations to provide a sufficient number of building department staff who is CASP certified by January 1, 2014. Office Hours and Meeting Availability CSG staff is available for applicant inquiries or conferences anytime during regular business hours via telephone; 8:00 AM to 5:00 PM, Monday through Friday. We can easily alter our hours to meet the City's needs. Evenings and weekends for special events and meetings can be accommodated with short notice. For your convenience, we are also available to meet with City staff, architects and applicants. We recognize the value of pre- design consultation with prospective applicants and are available to provide this service as well. Our Project Manager will be available in person for consultation and meetings with a reasonable lead time. Response to City Questions or Requests CSG staff can typically respond to the City for all questions or requests generated during field inspection on any plan review during the same day, but no longer than the following day a request is received. City staff may 1MDOLINGER11070823.1 -8- 101712- 04706083 use convenient email, direct phone line or our toll free line (888- 794 -2016) to reach CSG plan review or inspection team members. Plan Pickup and Delivery / Scanning Services We coordinate the pickup and return of all plans to via CSG staff or a licensed courier service. All paper plans submitted to CSG are immediately scanned into digital files and stored on our servers for speedy access to both our clients and our plan reviewers. A digitized copy of all plans reviewed by CSG will be available to the City in a PDF format. Online Plan Check Status CSG offers a convenient service allowing clients to check plan review status and comments online. By logging on to our website, clicking on Plan Check Status, and entering a password, staff as well as authorized applicants, can view each project document and easily communicate with the plan checker. With a password, staff or authorized applicants can download comments from the web upon completion of the plan review. Quality Control Measures CSG's in -house quality assurance /quality control program utilizes a peer review process with multi -level internal plan checking and project management. A Senior Plan Check Engineer directly associated with the project is supported by technical staff in the review process to ensure consistency between observations and field data. A Senior Plan Check Engineer (not directly involved with the project) will review the preliminary report to ensure compliance with our internal quality control standards. As a premier building plan check company, CSG reviews plans, calculations, and technical reports for numerous jurisdictions, and is uniquely qualified to perform consistent quality assurance / quality control for our projects. Digital Plan Review CSG began the transition to digital plan review over 6 years ago, leading the consultant field with this ground- breaking service. Plan reviews are performed with .v ' no disruption to the workflow using a dual monitor system. Our plan reviewers furnish electronic versions of their plan comments conforming to each client's formatted templates. There is no additional cost for this service. A significant"`" , benefit to this process is clients are presented upon final approval, a set of digitally scanned plans and all other relevant electronic documents at no cost— thus saving valuable jurisdiction dollars and providing "green" and paperless, convenient storage of all construction - related documents. For several jurisdictions requesting a pure digital plan review workflow, we have developed an online web application for an applicant to submit their digital files directly to us; including an online portal for the applicant /jurisdiction to retrieve their comments and submitted digital files with redlines. This online portal tracks all submittals, including re- submittals until the plans have been approved. Projects submitted digitally are processed through an easy -to -use web portal which can be customized to suit 1MDOLINGER11070823.1 -9- 101712- 04706083 EXHIBIT "C" MILESTONE SCHEDULE WDOLINGER11070823.1 -1- 101712- 04706083 Estimated Review Times We work hard to provide the best quality, and most timely service in the industry. Our goal is to approve code - complying projects and to successfully and quickly move work through jurisdiction processes. Our typical turnaround is as follows: Commercial /Industrial Building 10 Working Days S Working Days Tennant Improvements 5 Working Days 3 Working Days Single Family Dwellings 7 Working Days 3 Working Days Additions and Remodeling 5 Working Days 3 Working Days Apartment /Condominium Projects 10 Working Days 5 Working Days Fire Alarm, Detection/ Suppression Systems 7 Working Days 5 Working Days Many projects are small in scope and plans can be reviewed on -site if in -house staff is utilized. At your request, we have a team of additional professionals available for timely review on complex or sensitive projects. If a review is anticipated to take longer than the maximum turnaround timing, we will notify the City representative for negotiation as to additional time required to ensure an appropriate level of review. Expedited Plan Check CSG completes initial expedited plan check in 5 working days. Rechecks are often completed in 3 working days. Accelerated plan check requires an additional fee to be agreed upon by the applicant and CSG. Our fee to the City will remain unchanged. Building and Fire Inspection CSG's ICC certified inspection staff possesses the necessary building industry experience to provide on -call building and fire inspection services. The following is our summary of qualifications to provide the requested services. Selection and Standards CSG selects qualified, certified candidates for inspection services for review and approval. We offer fully integrated, multi - disciplined building and fire inspection services for residential, commercial, and industrial projects, and are experienced in all construction types. In addition, we utilize combination inspection personnel whenever possible to perform over - the - counter plan reviews or assist as customer service back -up at the front counter in addition to regular inspection duties to save jurisdictions valuable time and expenses. Our inspection staff easily integrates into client organizations, consistently implementing policies and procedures and remaining transparent to applicants and customers. Our Project Manager will consult with the designated official on all discretionary decisions and /or materials or types of construction, as well as ensuring all relevant regulatory agencies have approved the project. 1MDOLINGER11070823.1 -2- 101712- 04706083 For purposes of consistent application and public relations, our inspectors research the policies and special code interpretations. All inspections ensure compliance with current local and State building codes and ordinances. Continuing Certification and Training We take pride in working with inspectors motivated to achieve the highest level of experience and certification. We work hard to match your jurisdiction's level of safety and code compliance and understand that personality and customer service is crucial to on- the -job success. All CSG inspectors are ICC certified and are routinely updated through specialized training classes and seminar attendance in approved and modern methods, materials, tools and safety used in building inspection, as well as the most current building standards. Inspection Schedule Our building and /or special project related inspection services are provided as- needed and can be scaled down or ramped up to fit any schedule preferable to the City. Personnel will be available for duty during the City's regular business hours Monday to Friday, from 8 a.m. to 5 p.m.; however we can also easily alter our hours to fit any specific need the City might anticipate. Emergency inspections (usually requests that pertain to a serious or urgent life /safety issue) can be provided as they are needed; nights, weekends and holidays. All staff is familiar with a multitude of jurisdictional scheduling and tracking systems and can quickly adapt to City requirements. Inspection Notification Time CSG will provide inspection staff in a timely manner. Notification time required to provide inspection staff is typically 24 hours. Tools and Equipment CSG provides all vehicles, fuel, maintenance and other equipment necessary for inspectors to carry out their duties. CASp Inspection Services CSG will provide a CASp certified person for inspection and technical questions and interpretations on an as needed basis. CSG's CASp certified staff are available to provide on -site inspections of existing and new facilities to assist jurisdictions on interpreting and applying state and federal accessibility standards. 10 =0LINGEM1070823.1 -3- 101712- 04706083 EXHIBIT "D" PAYMENT SCHEDULE 1MDOLI NGER11070823.1 101712 - 04706083 CSG will mail an invoice at the beginning of every month for services rendered during the previous month. Compensation can be based on hourly rates or on a percentage fee basis. The hourly fee schedule for proposed work is as follows. In addition, we have included proposed percentage fees: 'Fee includes lnitW review and 2 reviews, if necessary; additional reviews will incur hourly feet indudes courier service to Csa son Mateo office Building Plan Review Services ............ ............................... 60% of the City's Collected Plan Review Fees Structural Plan Review .................................................... 50% of the City's Collected Plan Review Fees In -House Plan Review (Minimum 8 hours) $105 an hour(registered engineer); $90 an hour (not registered engineer) Fire Plan Review (at CSG Offices) ............................................ ............................... $85 an hour Combination Building Inspectot (Minimum 4 hours)with CSG vehicle ....... .........:..................... $85 an hour Fire Inspector (Minimum 4 hours)wlth CSG vehicle ......................... ............................... $85 an hour CASpServices ............ . . . ......................... ..................:. ............................... $125 an hour Permit Technician $55 an hour Accelerated / Expedited Plan Review ................................................... ............................90% 21 West Alisal Street I Suite 108 1 Salinas, CA 93901 phone (831) 769 -94801 fax (831) 769.9486 1 www.csgwebsite.com 1MDOLI NGER11070823.1 101712 - 04706083 * c p Y� A� �® CERTIFICATE OF LIABILITY INSURANCE Doi /12/2 13 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 0726293 1- 415 -546 -9300 Arthur J. Gallagher & Co. Insurance Brokers of California, Inc., License #0726293 One Market Plaza, Spear Tower P CONTACT Don Tarantino NAME: PHONE q15- 536 -8617 FAX 415- 536 -8627 A/C No xt: A/c No: E-MAIL don_tarantino@ajg.com ADDRESS: 79• com INSURERS AFFORDING COVERAGE NAIC# Suite 200 San Francisco, CA 94105 INSURER A: TRAVELERS PROP CAS CO OF AMER 25674 INSURED INSURER B: TWIN CITY FIRE INS CO CO 29459 INSURER C: ARCH INS CO 11150 CSG Consultants Inc. Precision Inspection - CSG 1700 S. Amphlett Blvd 3rd Floor INSURER D: DAMAGE TO RENTED PREMISES Ea occurrence INSURER E: San Mateo, CA 94402 INSURER F: COVERAGES CERTIFICATE NIIMRFR- 32451034 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR SUER POLICY NUMBER MM% ID/YYY YY MM /DD/YYYY LIMITS • GENERAL LIABILITY X 680294MOB50- TIL -12 12/04/1 12/04/13 EACHOCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 10,000 CLAIMS -MADE I—XI OCCUR PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $ 2,000,000 $ POLICY PEA X LOC • AUTOMOBILE LIABILITY X BA- 461M7612 -12 12 04 1 12 04 13 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED PROPERTY DAMAGE Per accident $ X HIRED AUTOS X AUTOS • X UMBRELLA LIAB X OCCUR CUP294MI060 -12 12/04/1 12/04/13 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION$ Following Form $ • WORKERS COMPENSATION X 57WEEP4360 -01 12/04/1 12/04/13 X WC LIMIT ER TO LIMITS AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L. EA CH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Prof Liability AEP 004731501 12/04/1 12/04/13 Limit: 3Mil /3Mi Retention 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The City of Gilroy, its employees, council, officials & volunteers are named as additional insured as required per policy endorsement CG D3 82 09 07. Re: All Operations (City of Gilroy 17351 Rosanna Street Gilroy, CA 95202 ACORD 25 (2010/05) abreen 32451034 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �T ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 680- 294NO850- TIL -12 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 10 -25 -12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): PER SCHEDULE ON FILE WITH AGENT The City of Gilroy, it's officers, elected officials and employees PROJECTILOCATION OF COVERED OPERATIONS: all operations PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for "bod- ily injury', "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf., a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily Injury', "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured Is limited as follows: d. This insurance does not apply to the render - Ing of or failure to render any "professional services ". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated In the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance In COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring Insurance" that, for the addi- tional insured shown In the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 m 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with Its permission COMMERCIAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that 'contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a 'contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal in- jury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 82 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with Its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TITER INSURANCE ®- ADDITIONAL INSUREDS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Seullon IV), Paragraph 4. (Other Insurance), is amended as follows; 9. The following Is added to Paragraph a. Primary Insurance: 2. However, If you specifically agree In a written con- tract or written agreement that the insurance pro- vided to an additional Insured under this Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this Insur- ance is primary to other Insurance that Is avail- able to such additional Insured which covers such additional Insured as a named Insured, and we will not share with that other Insurance, provided that; a. The "bodily Injury" or "property damage" for which coverage Is sought occurs; and b. The "personal Injury" or "advertising Injury" for which coverage Is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you, The first Subparagraph (2) of Paragraph b. E* cess Insurance regarding any other primary In- surance available to you Is deleted. . The following is added to Paragraph b. Exaosa Insurance, as an additional subparagraph under Subparagraph (1); That Is available to the Insured when the Insured Is added as an addltional.insured under any other policy, Including any umbrella or excess policy, CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc, All rights reserved. Page 1 of t olio o. o mt� o x ry= ir= o o® 001039 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An insured, of SECTION 11 — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section IL B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, while EQUIPMENT — INCREASED LIMIT 1. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in 8.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". C. EMPLOYEES AS INSURED The following Is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: CA T4 20 07 10 © 2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses Incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto ", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss ". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (S) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto ". This coverage only applies in the event of a total theft of your covered "auto ". No deductibles apply to Personal Effects cover- age. Page 2 of 3 © 2010 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. o d �r o= o a= m— o xo n- Ow t= o °s m� t® 001940 K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III – PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss ". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III – PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto "; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the 'loss "; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV – BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or 'loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract, CA T4 20 07 10 © 2010 The Travelers Indemnity Company. All rights reserved, Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS P licy Number: 57 WE EP4360 Endorsement Number: M Ettectiv Date: 12/04/12 Effective hour is the same as stated on the Information Page of the policy. Q Nam d Insured and Address: CSG CONSULTANTS INC O 0 C3 0 �r P4 w w N O Q Ln e-I ic I� l i= i= 1700 S AMPHLETT BLVD 3RD FL SAN MATEO, CA 94402 Section I of this endorsement expands coverage provided under WC 00 00 00. Section 11 of this endorsement provides additional coverage usually only provided by endorsement. Section 111 of this endorsement Is a Schedule of Covered States. You may use the index to locate these coverage features quickly: SUBJECT SECTION 1 PARTS ONE and TWO 01 We Will Also Pay PART -THREE 02 How This Insurance Works PART - SIX 03 Transfer of Your Rights and Duties 04 Liberalization SECTION II VOLUNTARY COMPENSATION INSURANCE 05 Voluntary Compensation Insurance A. How This Insurance Applies B. We Will Pay C. Exclusions D. Before We Pay E. Recovery From Others F. Employers' Liability Insurance EMPLOYERS' LIABILITY STOP GAP ENDORSEMENT 06 Employers' Liability Stop Gap Coverage A. Stop Gap Coverage Limited to Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming AG 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 K7 SUBJECT B. Part One Does Not Apply C. Application of Coverage D. Additional Exclusions E. West Virginia EXTENDED OPTIONS 01 Employers' Liability insurance 02 Unintentional Failure to Disclose Hazards 03 Waiver of Our Right to Recover from Others 04 Foreign Voluntary Compensation A. How This Reimbursement Applies B. We Will Reimburse C. Exclusions D. Before We Pay E. Recovery From Others F. Reimbursement For Actual Loss Sustained G. Repatriation H. Endemic Disease 05 Longshore and Harbor Workers' Compensation Act Coverage Endorsement SECTION III 01 Schedule of Covered States EAU Farm WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 1 of 6 ProcessDat • 10/09/12 Policy Expiration Date: 12/04/13 2000, The Hartford 3 3 3 3 4 4 4 4 4 4 4 5 5 5 5 5 5 SECTION 1 PARTS ONE and TWO 1. WE WILL ALSO PAY D. W Will Also Pay of Part One (WORKERS' COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is replaced by the following: We Will Also Pay We will also pay these costs. In addition to other amounts payable under this Insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this Insurance; 3, litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this law; and S. expenses we incur. PART THREE 2. How This Insurance Applies Paragraph 4. of A. How This Insuranc Appli s of Part 3 (Other States Insurance) Is replaced by the following: 4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) Is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. 4. Liberalization SECTION If VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE 5. Voluntary Compensation Insurance A. H w This Insurance Applies This insurance applies to bodily injury by accident or bodily Injury by disease. Bodily Injury includes resulting death. 1. The bodily injury must be sustained by any officer or employee not subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. 2. The bodily Injury must arise out of and in the course of employment or Incidental to work In a state shown in Item 3.A. of the Information Page. If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. 3. The bodily injury must occur In the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee Is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily Injury by disease'must be caused or aggravated by the conditions of the Form WC 99 03 03 B Printed in U.S.A. (Ed. 8 /00) Page 2 f 6 r, �o M 0 0 0 0 �o m m N 0 0 m >a O C a� a= a= 1= officer's or employee's employment. The officer's or employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B. W Will Pay We will pay an amount equal to the benefits that would be required of you as if you and your employees were subject to the workers' compensation law of any state shown in Item S.A. of the Information Page. We will pay those amounts to the persons who would be entitled to them under the law. C. Exclusion This insurance does not cover: 1. any obligation imposed by workers' compensation or occupational disease law or any similar law. 2. bodily Injury Intentionally caused or aggravated by you. 3. officers or employees who have elected not to be subject to the state workers' compensation law. 4. partners or sole proprietors not covered under the Standard Sole Proprietors, Partners, Officers and Others Coverage Endorsement. D. Before We Pay Before we pay benefits to the persons entitled to them, they must: 1. Release you and us, In writing, of all responsibility for the Injury or death. 2. Transfer to us their right to recover from others who may be responsible for the Injury or death. 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this Insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to It. Form WC 99 03 03 B Printed in U.S.A. (Ed. 6/00) If the persons entitled to the benefits of this Insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers' Liability Insurance Part Two (Employers' Liability Insurance) applies to bodily Injury covered by this endorsement as though the State of Employment was shown In Item S.A. of the Information Page. This provision S. does not apply in New Jersey or Wisconsin. EMPLOYERS' LIABILITY STOP GAP COVERAGE 6. Employers' Liability Stop Gap Coverag A. This coverage only applies In Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming. B. Part One (Workers' Compensation Insurance) does not apply to work in states shown In Paragraph A above. C. Part Two (Employers' Liability Insurance) applies In the states, shown in Paragraph A., as though they were shown in Item S.A. of the Information Page. D. Part Two, Section C. Exclusions is changed by adding these exclusions. This insurance does not cover, S. bodily injury Intentionally caused or aggravated by you or in Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an Injury is substantially certain to occur. However, the cost of defending such claims or suits In Ohio Is covered. 13. bodily injury sustained by any member of the flying crew of any aircraft. 14. any claim for bodily Injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default in premium under the provisions of the workers' compensation law or laws of a state shown in Paragraph A. E. This Insurance applies to damages for which you are liable under West Virginia Code Annot. S23-4-2. Page 9 of 6 EXTENDED OPTIONS 1. Empl yers' Liability insurance Item 3.8. of the Information Page is replaced by the following: B. Employers' Liability Insurance: 1. Part Two of the policy applies to work in each state listed in Item 3.A. The Limits of Liability under Part Two are the higher of: Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease $500,000 Each Employee OR 2. The amount shown in the Information Page. This provision 1 of EXTENDED OPTIONS does not apply In New York because the Limits Of Our Liability are unlimited. In this provision the limits are changed from $500,000 to $1,000,000 in California. 2. Untnt ntlonal Failure to Disclose Hazards If you unintentionally should fail to disclose all existing hazards at the inception date of your policy, we shall not deny coverage under this policy because of such failure. 3. Waiver of Our Right To Recover From Others A. We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shalt not operate directly or Indirectly to benefit anyone not named In the agreement. B. This provision 3, does not apply In the states of Pennsylvania and Utah. 4. Foreign Voluntary Compensation and Employers' Liability Reimbursement A. How This Reimbursement Applies This reimbursement provision applies to bodily Injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an officer or employee. 2. The bodily injury must occur in the course of employment necessary or Incidental to work In a country not listed in Exclusion 0.1. of this provision. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The officer or employee's last exposure to those conditions of your employment must occur during the policy period. B. We Will Reimburse We will reimburse you for all amounts paid by you whether such amounts are: 1. voluntary payments for the benefits that would be required of you M you and your officers or employees were subject to any workers' compensation law of the state of hire of the individual employee. 2. sums to which Part Two (Employers' Liability Insurance) would apply if the Country of Employment were shown In Item 3.A. of the Information Page. C. Exclusions This Insurance does not cover: 1. any occurrences In the United States, Canada, and any country or jurisdiction which is the subject of trade or economic sanctions Imposed by the laws or regulations of the United States of America in effect as of the inception date of this policy. 2. any obligation imposed by a workers' compensation or occupational disease law, or similar law. 3. bodily Injury Intentionally caused or aggravated by you. Form WC 99 03 03 0 Printed In U.S.A. (Ed. 8/00) Page 4 of 6 4. liability for any consequence, whether direct or Indirect, of war, Invasion, act of Foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, Insurrection or military or usurped power. No endorsement now or subsequently attached to this policy shall be construed as overriding or waiving this limitation unless specific reference is made thereto. Form WC 99 03 03 8 Printed in U.S.A. (Ed. 8/00) of America necessarily Incurred as a direct result of bodily injury. Our reimbursement shall be limited as follows: 1. to the amount by which such expenses exceed the normal cost of returning the officer or employee If In good health, or 2. in the event of death; to the amount by which such expenses exceed the normal cost of returning the officer or employee if alive and in good health. In no event shall our reimbursement exceed the bodily Injury by accident limit shown In Item 3.8. of the Information Page as respects any one such officer or employee whether dead or alive. H. Endemic Disease The word "disease" includes any endemic diseases. The coverage applies as If endemic diseases were included in the provisions of the workers' compensation law. b. Longshore and Harbor Workers' Compensate n Act Coverage General Section C. Workers' Compensate n Lew is replaced by the following: C. Workers' Compensation Law Workers' Compensation Law means the workers or workers' compensation law and occupational disease law of each state or territory named In Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901- 950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workers' compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers' Liability Insurance), C. Exclusions, exclusion B, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This coverage does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund instrumentalities Act. Pag5f6 D. Before We Pay Before we reimburse you for the benefits to the persons entitled to them, you must have them: 1. release you and us, in writing, of all responsibility for the Injury or death, 2. transfer to us their right to recover from others who may be responsible for their o° injury or death, 3. cooperate with us and do everything r necessary to enable us to enforce the right N to recover from others. a If the persons entitled to the benefits paid fail # to do these things, our duty to reimburse ends at once. If they claim damages from us for the i= injury or death, our duty to reimburse ends at once. E. Recovery From Others am If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we reimbursed. We will pay the balance to the persons entitled to it. If persons entitled to the benefits make a B recovery from others, they must repay us for the amounts that we have reimbursed you. F. R imbursement for Actual Loss Sustained This endorsement provides only for MM reimbursement for the loss you actually c sustain. In order for you to recover loss or c expenses under this reimbursement you must: 1= 1. actually sustain and pay the loss or expense in money after trial, or 2. secure our consent for the payment of the loss or expense. G. Repatriation Our reimbursement Includes the additional expenses of repatriation to the United States MM mom Form WC 99 03 03 8 Printed in U.S.A. (Ed. 8/00) of America necessarily Incurred as a direct result of bodily injury. Our reimbursement shall be limited as follows: 1. to the amount by which such expenses exceed the normal cost of returning the officer or employee If In good health, or 2. in the event of death; to the amount by which such expenses exceed the normal cost of returning the officer or employee if alive and in good health. In no event shall our reimbursement exceed the bodily Injury by accident limit shown In Item 3.8. of the Information Page as respects any one such officer or employee whether dead or alive. H. Endemic Disease The word "disease" includes any endemic diseases. The coverage applies as If endemic diseases were included in the provisions of the workers' compensation law. b. Longshore and Harbor Workers' Compensate n Act Coverage General Section C. Workers' Compensate n Lew is replaced by the following: C. Workers' Compensation Law Workers' Compensation Law means the workers or workers' compensation law and occupational disease law of each state or territory named In Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901- 950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workers' compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers' Liability Insurance), C. Exclusions, exclusion B, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This coverage does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund instrumentalities Act. Pag5f6 SECTION III 1. SCHEDULE OF COVERED STATES A. This endorsement only applies in the states listed In this Schedule of Covered States. C. Schedule of Covered States: CA B. If a state, shown In Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply In the new state on the effective date of the state approval. Countersigned by Authorized Representative F tm WC 99 03 03 8 Printed in U.S.A. (Ed. 8/00) Page 6 of 6 SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 03/12/2013 NAME OF INSURED: CSG Consultants Inc. Precision Inspection - CSG Additional Description of Operations /Remarks from Page 1: Additional Information: SUPP (05/04)