The URL can be used to link to this page

1st_ADDENDUM_to_Agreement_for CSG Plan Check and Fire Check Services May 2021City of Gilroy Agreement/Contract Tracking Today’s Date: May 18, 2021 Your Name: Robert Carrera Contract Type: Services over $5k - Consultant Phone Number: 408-846-0254 Contract Effective Date: (Date contract goes into effect) 3/22/2018 Contract Expiration Date: 7/15/2024 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) CSG Consultants, Inc. Contract Subject: (no more than 100 characters) On-Call Building and Fire Plan Check and Inspection Services Contract Amount: (Total Amount of contract. If no amount, leave blank) 922766 By submitting this form, I confirm this information is complete: Date of Contract Contractor/Consultant name and complete address Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached Taxpayer ID or Social Security # and Contractors License # if applicable Contractor/Consultant signer’s name and title City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 have ADDITIONAL INSURED provisions or 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/8/2021 25674 CSG Consultants, Inc. 550 Pilgrim Drive Foster City, CA 94404 25666 11150 A 1,000,000 X 660-5R143841-TIL-20 12/4/2020 12/4/2021 1,000,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A X 810-5R143576-20-43-G 12/4/2020 12/4/2021 APD Owned Autos Only Comp/Coll Ded.2,000 1,000,000B ZUP-61N34906-20-NF 12/4/2020 12/4/2021 1,000,000 A X UB-5R147157-20-43-G 12/4/2020 12/4/2021 1,000,000 N 1,000,000 1,000,000 C Professional Liab.PAAEP0008805 12/4/2020 $5,000,000 Agg; Ded:50,000 re: all operations. The City of Gilroy, its employees, officers, officials and volunteers are named as additional insureds on GL with 30 Day Notice of Cancellation and included as additional insured on Auto per attached endorsements. Waiver of Subrogation on WC per attached endorsement. 30 Day Notice of Cancellation per attached endorsement. Sixty (60) Months Optional Extended Claims Reporting Period on Professional. 30 Day Notice of Cancellation on WC is not available. City of Gilroy Attn: Ogarita / City of Gilroy 7351 Rosanna Street Gilroy, CA 95202 CSGCONS-01 MHILL Alliant Insurance Services, Inc. 575 Market St Ste 3600 San Francisco, CA 94105 Melissa Hill Melissa.Hill@alliant.com Travelers Property Casualty Company of America Travelers Indemnity Company of America Arch Insurance Company X 12/4/2021 X X X X X X X DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 City of Gilroy, its officers, officials, and employees 7351 Rosanna St. Gilroy, CA 95020 12 04 20660-5R143841-TIL-20 DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section Ill - Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D4 14 04 08 © 2008 The Travelers Companies, Inc. Page 1 of 2 Policy # 660-5R143841-TIL-20 DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; 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 © 2008 The Travelers Companies, Inc. CG D4 14 04 08 Policy # 660-5R143841-TIL-20 DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 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 this 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 coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.Non-Owned Watercraft – 75 Feet Long Or Less H.Blanket Additional Insured – Governmental Entities – Permits Or Authorizations Relating ToB.Who Is An Insured – Unnamed Subsidiaries PremisesC.Who Is An Insured – Retired Partners, Members, I.Blanket Additional Insured – GovernmentalDirectors And Employees Entities – Permits Or Authorizations Relating ToD.Who Is An Insured – Employees And Volunteer OperationsWorkers – Bodily Injury To Co-Employees, Co- J.Incidental Medical MalpracticeVolunteer Workers And Retired Partners, Members, Directors And Employees K.Medical Payments – Increased Limit E.Who Is An Insured – Newly Acquired Or Formed L.Amendment Of Excess Insurance Condition – Limited Liability Companies Professional Liability F.Blanket Additional Insured – Controlling Interest M.Blanket Waiver Of Subrogation – When Required By Written Contract Or AgreementG.Blanket Additional Insured – Mortgagees, Assignees, Successors Or Receivers N.Contractual Liability – Railroads PROVISIONS uses or is responsible for the use of a watercraft that you do not own that is:A. NON-OWNED WATERCRAFT – 75 FEET (1)75 feet long or less; andLONG OR LESS (2)Not being used to carry any person1.The following replaces Paragraph (2)of or property for a charge;Exclusion g.,Aircraft, Auto Or Watercraft, in Paragraph 2.of SECTION I –B. WHO IS AN INSURED – UNNAMED COVERAGES – COVERAGE A – BODILY SUBSIDIARIES INJURY AND PROPERTY DAMAGE The following is added to SECTION II – WHO ISLIABILITY:AN INSURED: (2)A watercraft you do not own that is:Any of your subsidiaries, other than a partnership(a)75 feet long or less; and or joint venture, that is not shown as a Named (b)Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge;if: 2.The following replaces Paragraph 2.e.of a.You are the sole owner of, or maintain an SECTION II – WHO IS AN INSURED:ownership interest of more than 50% in, such subsidiary on the first day of the policye.Any person or organization that, with period; andyour express or implied consent, either CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # 660-5R143841-TIL-20 DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 COMMERCIAL GENERAL LIABILITY Unless you are in the business or occupationb.Such subsidiary is not an insured under of providing professional health caresimilar other insurance. services, Paragraphs (1)(a),(b),(c)and (d)No such subsidiary is an insured for "bodily above do not apply to "bodily injury" arisinginjury" or "property damage" that occurred, or out of providing or failing to provide first aid"personal and advertising injury" caused by an or "Good Samaritan services" by any of youroffense committed:retired partners, members, directors or a.Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or "employees" providing or failing to provideb.After the date, if any, during the policy period first aid or "Good Samaritan services" duringthat you no longer maintain an ownership their work hours for you will be deemed to beinterest of more than 50% in such subsidiary.acting within the scope of their employmentFor purposes of Paragraph 1.of Section II – Who by you or performing duties related to theIs An Insured, each such subsidiary will be conduct of your business.deemed to be designated in the Declarations as:(2)"Personal injury": a.A limited liability company;(a)To you, to your current or retired b.An organization other than a partnership,partners or members (if you are ajoint venture or limited liability company; or partnership or joint venture), to your current or retired members (if you are ac.A trust; limited liability company), to your otheras indicated in its name or the documents that current or retired directors orgovern its structure."employees" while in the course of his or her employment or performing dutiesC. WHO IS AN INSURED – RETIRED PARTNERS, related to the conduct of your business,MEMBERS, DIRECTORS AND EMPLOYEES or to your other "volunteer workers"The following is added to Paragraph 2.of while performing duties related to theSECTION II – WHO IS AN INSURED:conduct of your business; Any person who is your retired partner, member,(b)To the spouse, child, parent, brother or director or "employee" that is performing services sister of that current or retired partner, for you under your direct supervision, but only for member, director, "employee" or "volunteer worker" as a consequence ofacts within the scope of their employment by you Paragraph (2)(a)above;or while performing duties related to the conduct of your business. However, no such retired (c)For which there is any obligation to partner, member, director or "employee" is an share damages with or repay someone else who must pay damages because ofinsured for: the injury described in Paragraph (2)(a) (1)"Bodily injury":or (b)above; or (a)To you, to your current partners or (d)Arising out of his or her providing ormembers (if you are a partnership or failing to provide professional health carejoint venture), to your current members services.(if you are a limited liability company) or (3)"Property damage" to property:to your current directors; (a)Owned, occupied or used by; or(b)To the spouse, child, parent, brother or sister of that current partner, member or (b)Rented to, in the care, custody or controldirector as a consequence of Paragraph of, or over which physical control is(1)(a)above;being exercised for any purpose by; (c)For which there is any obligation to you, any of your retired partners, membersshare damages with or repay someone or directors, your current or retiredelse who must pay damages because of "employees" or "volunteer workers", anythe injury described in Paragraph (1)(a) current partner or member (if you are aor(b)above; or partnership or joint venture), or any current(d)Arising out of his or her providing or member (if you are a limited liabilityfailing to provide professional health care company) or current director.services. Page 2 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # 660-5R143841-TIL-20 DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED – EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS – BODILY INJURY designated in the Declarations as: TO CO-EMPLOYEES, CO-VOLUNTEER a.A limited liability company;WORKERS AND RETIRED PARTNERS, b.An organization other than a partnership,MEMBERS, DIRECTORS AND EMPLOYEES joint venture or limited liability company;The following is added to Paragraph 2.a.(1)of orSECTION II – WHO IS AN INSURED: c.A trust;Paragraphs (1)(a),(b)and (c)above do not as indicated in its name or the documentsapply to "bodily injury" to a current or retired co-that govern its structure."employee" while in the course of the co- "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED – duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1.The following is added to SECTION II –workers" or retired partners, members or WHO IS AN INSURED:directors while performing duties related to the Any person or organization that has financialconduct of your business.control of you is an insured with respect toE. WHO IS AN INSURED – NEWLY ACQUIRED liability for "bodily injury", "property damage"OR FORMED LIMITED LIABILITY COMPANIES or "personal and advertising injury" that The following replaces Paragraph 3.of arises out of: SECTION II – WHO IS AN INSURED:a.Such financial control; or 3.Any organization you newly acquire or form,b.Such person's or organization'sother than a partnership or joint venture, and ownership, maintenance or use ofof which you are the sole owner or in which premises leased to or occupied by you.you maintain an ownership interest of more The insurance provided to such person orthan 50%, will qualify as a Named Insured if organization does not apply to structuralthere is no other similar insurance available alterations, new construction or demolitionto that organization. However:operations performed by or on behalf of sucha.Coverage under this provision is person or organization.afforded only: 2.The following is added to Paragraph 4.of(1)Until the 180th day after you acquire SECTION II – WHO IS AN INSURED:or form the organization or the end This paragraph does not apply to anyof the policy period, whichever is premises owner, manager or lessor that hasearlier, if you do not report such financial control of you.organization in writing to us within 180 days after you acquire or form it;G. BLANKET ADDITIONAL INSURED – or MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS(2)Until the end of the policy period, when that date is later than 180 days The following is added to SECTION II – WHO ISafter you acquire or form such AN INSURED:organization, if you report such Any person or organization that is a mortgagee,organization in writing to us within assignee, successor or receiver and that you180 days after you acquire or form it; have agreed in a written contract or agreementb.Coverage A does not apply to "bodily to include as an additional insured on thisinjury" or "property damage" that Coverage Part is an insured, but only withoccurred before you acquired or formed respect to its liability as mortgagee, assignee,the organization; and successor or receiver for "bodily injury", "property c.Coverage B does not apply to "personal damage" or "personal and advertising injury" and advertising injury" arising out of an that: offense committed before you acquired a.Is "bodily injury" or "property damage" thator formed the organization.occurs, or is "personal and advertising injury" For the purposes of Paragraph 1.of Section caused by an offense that is committed, II – Who Is An Insured, each such CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # 660-5R143841-TIL-20 DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations. b.Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED – use of the premises for which that GOVERNMENTAL ENTITIES – PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II – WHO ISthis Coverage Part.AN INSURED: The insurance provided to such mortgagee,Any governmental entity that has issued a permitassignee, successor or receiver is subject to the or authorization with respect to operationsfollowing provisions:performed by you or on your behalf and that you a.The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less.and advertising injury" arising out of such operations.b.The insurance provided to such person or organization does not apply to:The insurance provided to such governmental entity does not apply to:(1)Any "bodily injury" or "property damage" that occurs, or any "personal and a.Any "bodily injury", "property damage" oradvertising injury" caused by an offense "personal and advertising injury" arising outthat is committed, after such contract or of operations performed for theagreement is no longer in effect; or governmental entity; or (2)Any "bodily injury", "property damage" or b.Any "bodily injury" or "property damage""personal and advertising injury" arising included in the "products-completedout of any structural alterations, new operations hazard".construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICEperformed by or on behalf of such 1.The following replaces Paragraph b.of themortgagee, assignee, successor or definition of "occurrence" in thereceiver. DEFINITIONS Section:H. BLANKET ADDITIONAL INSURED – b.An act or omission committed inGOVERNMENTAL ENTITIES – PERMITS OR providing or failing to provide "incidentalAUTHORIZATIONS RELATING TO PREMISES medical services", first aid or "GoodThe following is added to SECTION II – WHO IS Samaritan services" to a person, unlessAN INSURED:you are in the business or occupation of providing professional health careAny governmental entity that has issued a permit services.or authorization with respect to premises owned or occupied by, or rented or loaned to, you and 2.The following replaces the last paragraph of that you are required by any ordinance, law,Paragraph 2.a.(1)of SECTION II – WHO IS building code or written contract or agreement to AN INSURED: include as an additional insured on this Unless you are in the business or occupationCoverage Part is an insured, but only with of providing professional health carerespect to liability for "bodily injury", "property services, Paragraphs (1)(a),(b),(c)and (d)damage" or "personal and advertising injury"above do not apply to "bodily injury" arisingarising out of the existence, ownership, use,out of providing or failing to provide: maintenance, repair, construction, erection or (a)"Incidental medical services" by any ofremoval of any of the following for which that your "employees" who is a nurse,governmental entity has issued such permit or nurse assistant, emergency medicalauthorization: advertising signs, awnings,technician, paramedic, athletic trainer,canopies, cellar entrances, coal holes,audiologist, dietician, nutritionist,driveways, manholes, marquees, hoist away Page 4 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # 660-5R143841-TIL-20 DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 COMMERCIAL GENERAL LIABILITY that is available to any of your "employees"occupational therapist or occupational for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you 7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business.because of "bodily injury" sustained by any one person, and will be the higher of:3.The following replaces the last sentence of Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE: b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS: COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection: Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS: ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of: 6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY b."Personal and advertising injury" caused byCONDITIONS: an offense that is committed;This insurance is excess over any valid and subsequent to the signing of that contract orcollectible other insurance, whether primary, excess, contingent or on any other basis,agreement. CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # 660-5R143841-TIL-20 DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY – RAILROADS 1.The following replaces Paragraph c.of the definition of "insured contract" in the DEFINITIONS Section: c.Any easement or license agreement; 2.Paragraph f.(1)of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # 660-5R143841-TIL-20 DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT 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 modified 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 coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF USE – INCREASED LIMITB. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE – TRANSPORTATIONC. EMPLOYEE HIRED AUTO EXPENSES – INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL EFFECTS K. AIRBAGSE. SUPPLEMENTARY PAYMENTS – INCREASED LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSSF. HIRED AUTO – LIMITED WORLDWIDE COVERAGE – INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE – GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED as an additional insured for Liability Coverage, but only for damages to which this insuranceThe following is added to Paragraph A.1., Who Is applies and only to the extent of that person's orAn Insured, of SECTION II – LIABILITY organization's liability for the conduct of anotherCOVERAGE:"insured".Any organization you newly acquire or form C. EMPLOYEE HIRED AUTOduring the policy period over which you maintain 50% or more ownership interest and that is not 1.The following is added to Paragraph A.1., separately insured for Business Auto Coverage.Who Is An Insured, of SECTION II – Coverage under this provision is afforded only LIABILITY COVERAGE: until the 180th day after you acquire or form the An "employee" of yours is an "insured" whileorganization or the end of the policy period,operating an "auto" hired or rented under awhichever is earlier.contract or agreement in that "employee's"B. BLANKET ADDITIONAL INSURED name, with your permission, while performing The following is added to Paragraph c. in A.1.,duties related to the conduct of your Who Is An Insured, of SECTION II – LIABILITY business. COVERAGE:2.The following replaces Paragraph b. in B.5., This includes any person or organization who you Other Insurance, of SECTION IV – are required under a written contract or BUSINESS AUTO CONDITIONS: agreement between you and that person or b.For Hired Auto Physical Damageorganization, that is signed by you before the Coverage, the following are deemed to be"bodily injury" or "property damage" occurs and covered "autos" you own:that is in effect during the policy period, to name CA T3 53 08 17 ú 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission Policy # 810-5R143576-20-43-G DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 COMMERCIAL AUTO (1)Any covered "auto" you lease, hire,liability company) or members of their rent or borrow; and households. (2)Any covered "auto" hired or rented by (1)With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name,America, the territories and possessions with your permission, while of the United States of America, Puerto performing duties related to the Rico and Canada: conduct of your business.(a)You must arrange to defend the However, any "auto" that is leased, hired,"insured" against, and investigate or rented or borrowed with a driver is not a settle any such claim or "suit" and covered "auto".keep us advised of all proceedings and actions.D. EMPLOYEES AS INSURED (b)Neither you nor any other involvedThe following is added to Paragraph A.1., Who Is "insured" will make any settlementAn Insured, of SECTION II – LIABILITY without our consent.COVERAGE: (c)We may, at our discretion, participateAny "employee" of yours is an "insured" while in defending the "insured" against, orusing a covered "auto" you don't own, hire or in the settlement of, any claim orborrow in your business or your personal affairs. "suit".E. SUPPLEMENTARY PAYMENTS – INCREASED (d)We will reimburse the "insured":LIMITS (i)For sums that the "insured"1.The following replaces Paragraph A.2.a.(2), legally must pay as damagesofSECTION II – LIABILITY COVERAGE: because of "bodily injury" or(2)Up to $3,000 for cost of bail bonds "property damage" to which this(including bonds for related traffic law insurance applies, that theviolations) required because of an "insured" pays with our consent,"accident" we cover. We do not have to but only up to the limit describedfurnish these bonds.in Paragraph C., Limit Of Insurance, of SECTION II –2.The following replaces Paragraph A.2.a.(4), LIABILITY COVERAGE;of SECTION II – LIABILITY COVERAGE: (ii)For the reasonable expenses(4)All reasonable expenses incurred by the "insured" at our request, including actual incurred with our consent for your loss of earnings up to $500 a day investigation of such claims and because of time off from work.your defense of the "insured" F. HIRED AUTO – LIMITED WORLDWIDE against any such "suit", but only COVERAGE – INDEMNITY BASIS up to and included within the limit described in Paragraph C., LimitThe following replaces Subparagraph e. in Of Insurance, of SECTION II –Paragraph B.7., Policy Term, Coverage LIABILITY COVERAGE, and notTerritory, of SECTION IV – BUSINESS AUTO CONDITIONS:in addition to such limit. Our duty to make such payments endse.Anywhere in the world, except any country or when we have used up thejurisdiction while any trade sanction, applicable limit of insurance inembargo, or similar regulation imposed by the payments for damages,United States of America applies to and settlements or defense expenses.prohibits the transaction of business with or within such country or jurisdiction, for Liability (2)This insurance is excess over any valid Coverage for any covered "auto" that you and collectible other insurance available lease, hire, rent or borrow without a driver for to the "insured" whether primary, excess a period of 30 days or less and that is not an contingent or on any other basis. "auto" you lease, hire, rent or borrow from (3)This insurance is not a substitute forany of your "employees", partners (if you are required or compulsory insurance in anya partnership), members (if you are a limited country outside the United States, its Page 2 of 4 ú 2016 The Travelers Indemnity Company. All rights reserved. CA T3 53 08 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Policy # 810-5R143576-20-43-G DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 COMMERCIAL AUTO territories and possessions, Puerto Rico Personal Effects and Canada.We will pay up to $400 for "loss" to wearing You agree to maintain all required or apparel and other personal effects which are: compulsory insurance in any such (1)Owned by an "insured"; andcountry up to the minimum limits required (2)In or on your covered "auto".by local law. Your failure to comply with compulsory insurance requirements will This coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered "auto". this policy, but we will only be liable to the No deductibles apply to this Personal Effectssame extent we would have been liable coverage.had you complied with the compulsory K. AIRBAGSinsurance requirements. (4)It is understood that we are not an The following is added to Paragraph B.3., admitted or authorized insurer outside the Exclusions, of SECTION III – PHYSICAL United States of America, its territories DAMAGE COVERAGE: and possessions, Puerto Rico and Exclusion 3.a. does not apply to "loss" to one orCanada. We assume no responsibility for more airbags in a covered "auto" you own thatthe furnishing of certificates of insurance,inflate due to a cause other than a cause of "loss"or for compliance in any way with the set forth in Paragraphs A.1.b.and A.1.c., butlaws of other countries relating to only:insurance. a.If that "auto" is a covered "auto" forG. WAIVER OF DEDUCTIBLE – GLASS Comprehensive Coverage under this policy; The following is added to Paragraph D.,b.The airbags are not covered under anyDeductible, of SECTION III – PHYSICAL warranty; andDAMAGE COVERAGE: c.The airbags were not intentionally inflated.No deductible for a covered "auto" will apply to We will pay up to a maximum of $1,000 for anyglass damage if the glass is repaired rather than one "loss".replaced. L. NOTICE AND KNOWLEDGE OF ACCIDENT ORH. HIRED AUTO PHYSICAL DAMAGE – LOSS OF LOSSUSE – INCREASED LIMIT The following is added to Paragraph A.2.a., ofThe following replaces the last sentence of SECTION IV – BUSINESS AUTO CONDITIONS:Paragraph A.4.b.,Loss Of Use Expenses, of SECTION III – PHYSICAL DAMAGE Your duty to give us or our authorized COVERAGE:representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" isHowever, the most we will pay for any expenses known to:for loss of use is $65 per day, to a maximum of $750 for any one "accident".(a)You (if you are an individual); I. PHYSICAL DAMAGE – TRANSPORTATION (b)A partner (if you are a partnership); EXPENSES – INCREASED LIMIT (c)A member (if you are a limited liability The following replaces the first sentence in company); Paragraph A.4.a.,Transportation Expenses, of (d)An executive officer, director or insuranceSECTION III – PHYSICAL DAMAGE manager (if you are a corporation or otherCOVERAGE:organization); or We will pay up to $50 per day to a maximum of (e)Any "employee" authorized by you to give$1,500 for temporary transportation expense notice of the "accident" or "loss".incurred by you because of the total theft of a M. BLANKET WAIVER OF SUBROGATIONcovered "auto" of the private passenger type. The following replaces Paragraph A.5., TransferJ. PERSONAL EFFECTS Of Rights Of Recovery Against Others To Us,The following is added to Paragraph A.4.,of SECTION IV – BUSINESS AUTOCoverage Extensions, of SECTION III –CONDITIONS:PHYSICAL DAMAGE COVERAGE: CA T3 53 08 17 ú 2016 The Travelers Indemnity Company. All rights reserved.Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission Policy # 810-5R143576-20-43-G DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 COMMERCIAL AUTO 5. Transfer Of Rights Of Recovery Against N. UNINTENTIONAL ERRORS OR OMISSIONS Others To Us The following is added to Paragraph B.2., We waive any right of recovery we may have Concealment, Misrepresentation, Or Fraud, of against any person or organization to the SECTION IV – BUSINESS AUTO CONDITIONS: extent required of you by a written contract The unintentional omission of, or unintentionalsigned and executed prior to any "accident"error in, any information given by you shall notor "loss", provided that the "accident" or "loss"prejudice your rights under this insurance.arises out of operations contemplated by However this provision does not affect our right tosuch contract. The waiver applies only to the collect additional premium or exercise our right ofperson or organization designated in such cancellation or non-renewal.contract. Page 4 of 4 ú 2016 The Travelers Indemnity Company. All rights reserved.CA T3 53 08 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Policy # 810-5R143576-20-43-G DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 ..... TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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 the person or organization named in the Schedule. The additional premium for this endorsement shall be mium. Schedule Person or Organization % of the California workers' compensation pre- Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company DATE OF ISSUE: Policy No. ST ASSIGN: Endorsement No. Premium Page 1 of 1 Countersigned by _ ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. UB-5R147157-20-43-G12/04/2020 UB-5R147157-20-43-G DocuSign Envelope ID: 9E7878CC-38FC-4E96-9472-64492429D99CDocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 4835-2267-0361v1 LAC\04706083 -1- FIRSTAMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND CSG CONSULTANTS, INC. WHEREAS, the City of Gilroy, a municipal corporation (“City”), and CSG Consultants, Inc. entered into that certain agreement entitled “Agreement for Services”, effective on March 19th, 2018, hereinafter referred to as “Original Agreement”; and WHEREAS, City and CSG Consultants, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. The first paragraph of Article 1 (TERM OF AGREEMENT) of the Original Agreement shall be amended to read as follows: “This Agreement will become effective on March 22, 2018 and will continue in effect through July 15, 2021 unless terminated in accordance with the provisions of Article 7 of this Agreement.” 2. Article 4 (COMPENSATION), Section A (Consideration) of the Original Agreement shall be amended to read as follows: “In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed 922,766.” 3. This Amendment shall be effective on May 17, 2021. 4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY CSG CONSULTANTS, INC. By: By: [signature] Jimmy Forbis [signature] Cyrus Kianpour, P.E., P.L.S [employee name] City Administrator [name] President [title/department] [title] DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 4835-2267-0361v1 LAC\04706083 -1- Date: Date: Approved as to Form ATTEST: City Attorney City Clerk DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 5/18/20215/18/2021 City of Gilroy STAFF REPORT Agenda Item Title: First Amendment to the Agreement for Services with CSG Consultants, Inc. for Continued On-Call Building and Fire Prevention Plan Check and Inspection Services until July 15, 2021 Meeting Date: May 17, 2021 From: Jimmy Forbis, City Administrator Department: Community Development Department Submitted By: Karen Garner Prepared By: Robert Carrera Karen Garner Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Approve an amendment with CSG Consultants, Inc. to extend their agreement until July 15, 2021 and increasing their contract capacity by $59,178, to a total of $922,766 for On-Call Building and Fire Prevention Plan Check and Inspection Services. BACKGROUND On March 19, 2018, the City Council approved agreements with multiple consultants to perform on-call building and fire prevention plan check and inspection services for both the City’s Building Division and Fire Prevention/Hazmat Division. One of those agreements, and the largest of these agreements, is with CSG Consultants, Inc. (CSG). CSG is a statewide organization that specializes in a multitude of services surrounding DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 development to municipalities. These services include building and fire prevention plan check and inspection services. CSG has had a previous relationship with the City providing these services and demonstrated their continued capability to continue providing these services through the Request for Proposal (RFP) process. These agreements were for a period of three years, with two, one-year extensions available. The initial three-year period expired on March 22, 2021. It was prior to this expiration that staff decided to conduct another RFP process to replenish its on-call consultants due that the most utilized consultants reached their contract capacity faster than the timeframe allotted to them. 21-RFP-CDD-453 for ‘On-Call Standard and Expedited Building, Fire Plan Check and Inspection Services’ was issued on Friday, May 7th and the qualified proposals to provide those services will be brought to Council at the July 1st, 2021 meeting. In the interim period while this RFP process is being conducted, staff wishes to temporarily extend current agreements with these consultants to ensure there is no disruption of permitting services. ANALYSIS The Building Inspection and Fire/Hazmat Divisions have historically relied on consultants to supplement plan review and inspection services to augment City staffing levels and assist with peak demands related to construction activity. CSG has been a reliable partner to the City and the most utilized consultant for plan check and inspection services. This is in large part due to their extensive resources that they possess in terms of staff and expertise, which in turn provides our customers with quicker plan check review turn around and various needed review by experts of large complicated projects. Having to switch to another consultant for the extensive bulk of our plan check review and inspection services would cause a slow-down in permit processing. While the City is in the process of conducting an RFP to replenish these services going into at- least the next three years, having CSG along with multiple other firms continuing these services in the interim will be essential to ensuring there is no disruption in our permit activity. ALTERNATIVES Council may choose not to approve this amendment with CSG and therefore the original expiration date of March 22, 2021 would continue into effect. This would lead to a significant disruption in City permit activity and cause delays in all aspects of permit activity from end-to-end, until a suitable alternative is identified. Therefore, this action is not recommended. FISCAL IMPACT/FUNDING SOURCE Funding for these services are fully covered in the Building Division’s contractual services line-item budget in the General Fund, and the increase in the contract capacity for CSG is offset by the non-utilization of another on-call building and fire prevention plan check and inspection services consultant. As of May 6, 2021, out of the $296,160 budgeted for these contractual services, only $122,874, or 41% of that budget has been DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 expended. What this amendment does is increase the contract capacity for CSG so that the City can continue to conduct its plan check and inspection services with them without disruption. Fees are collected through plan review and permit processing by the customer at the time of permit review application and building permit issuance. It should be noted, that this work is on-call, thus if revenues are not generated through fees, there will not be contract expenditures. NEXT STEPS Upon approval of this amendment, staff will process this amendment with CSG and get it fully signed and exercised by all parties. Attachments: 1. DRAFT 1st ADDENDUM to Agreement for Services - CSG Consultants (Building and Fire Division Services) 2. CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check 3. 21-RFP-CDD-453 - On-Call Standard and Expedited Building, Fire Plan Check and Inspection Services DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 AGREEMENT FOR SERVICES For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 1 day of March, 2018, 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 550 Pilgrim Drive, Foster City, CA 94404. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on March 22, 2018 and will continue in effect through March 22, 2021 with up to two, one -year extensions possible through a contract amendment unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. C• 1(. Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor 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. 4835 - 2267 -03610 LAC104706083 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 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 "). In no event however shall the total compensation paid to CONSULTANT exceed 863,588.00. 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 4835- 2267 -03610 _2_ LAC104706083 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." 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 on a per occurrence basis, 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, 4835 - 2267 -0361 v1 _3 _ LAM04706083 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the 'Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) 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. 4835 - 2267- 0361v1 _ LAC \04706083 -4 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 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 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 4835 - 2267- 0361v1 _5_ LAC104706083 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 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 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 subcontractors 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 subcontractors, or the officers, employees, agents or representatives of either. 4835 - 2267- 0361v1 LAC104706083 -6- DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 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 parry 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 contractor or subcontractor 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 practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. 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 or 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. 4835 - 2267 -03610 LAC104706083 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 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. 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: yr1 Title: Pres Social Security o?Taxpayer Identification Number 91- 2053749 4835 - 2267- 0361v1 _ LAC104706083 -8 CITY: CITY OF GILROY By: - Name: Gabriel A. Gonzalez Title: City Administrator DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 Approved as to Form C '*--, City Attorney 4835 - 2267- 0361v1 _9_ LAM04706083 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 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 Michael Loomis, 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, Rob Allen, Building Official 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. 4835 - 2267- 0361v1 _ LAC104706083 -1 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 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. 4835 - 2267- 0361v1 LAC104706083 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 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. 4835 - 2267 -03610 LAM04706083 _3- DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 H. NOTICES. Notices are to be sent as follows: CITY: Rob Allen, Building Official City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: CSG Consultants, Inc. 550 Pilgrim Drive Foster, Ci , 9th Attn: Michael Loomis 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.I. 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.I. 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. 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. 4835 - 2267 -03610 LAC104706083 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 EXHIBIT "B" SCOPE OF SERVICES 4835 - 2267 -0361 v1 _ 1LAM04706083 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 CITY OF GILROY ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE INSPECTION Technical Analyses PROVEN APPROACH TO WORK 0 CSG's proposed team has been selected to best support the City and will deliver the highest level of service through its application of technical expertise, knowledge of municipal processes and procedures, efficient and effective customer care, and application of code compliance combined with innovative and helpful alternatives. Our extensive 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 and online plan check status reporting to providing faster - than - scheduled turnaround times, CSG will deliver the highest quality services to the City of Gilroy. Key benefits that we offer include: Concentrated focus on cost - saving approaches and methods. Because we serve numerous municipalities and agencies, we are constantly improving and adapting to provide our clients with the most cost - effective services. Customized, responsive services. We are skilled at assessing time commitments, developing an accurate work plan and applying dedicated, professional personnel. We can quickly fine -tune staffing levels to match or adjust to changes in plan review, inspection and front counter activity. And, with our digital plan review capabilities, we are able utilize resources from any of our regional offices. A wealth of fully committed and qualified personnel. We maintain staff that is fully licensed and certified at the highest level of industry standards. To keep our personnel on the industry's leading edge, many serve as popular educational instructors and lecturers as well as sit on boards and committees for organizations developing and implementing important code regulations. We also keep up with latest in procedures and use of products, e.g., green building, accessibility, CASp certification requirements, NPDES, MRP, and more. Rapid turnarounds and expedited services. With extensive experience in the digital plan review process combined with extensive code application experience, our staff excels at providing expeditious turnarounds. We easily match and more often beat any required turnaround deadlines. P Leading -edge, cost - saving technology. CSG offers a suite of digital options— speedy digital plan reviews including electronic versions of plan comments; an easy -to -use web portal for plan submittal, tracking and approval of digital plans; and available full scanning and archiving services. Environmentally friendly practices. Our corporate policy on sustainability supports a healthy environment, reduces our carbon footprint and promotes environmental stewardship through environmentally preferable purchasing and other sustainability actions. Our digital plan review system encourages the bypass of paper use, and all possible documents at CSG are printed double -sided on recycled, post- consumer content paper. 11 CSG Consultants DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 CITY OF GILROY ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE INSPECTION BUILDING INSPECTION SERVICES Standards and Responsibilities CSG provides fully integrated, multi - disciplined building inspection services for residential, commercial, and industrial projects, and are experienced in all construction types. We provide experienced, ICC certified (and /or with other appropriate entities in accordance with A13717) inspectors. Our inspectors ensure compliance with applicable codes and requirements by identifying code violations, offering solutions to developers, property owners and tenants on potential risks and safety hazards, and by working as a team to correct violations. Specific responsibilities include but are not limited to the following: Providing inspection services for project compliance with relevant codes including accessibility, fire, grading, building, electrical, mechanical and plumbing Addressing inquiries and resolving complaints Assisting with the construction and demolition permitting process Providing code administration, inspection and enforcement Maintaining records and files concerning construction permits and building code administration, documents for storage and /or imaging In addition, we can utilize 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. CSG provides all vehicles, fuel, maintenance and other equipment necessary for inspectors to carry out duties with no additional cost to the City. Continuing Certification and Training We take pride in working with inspectors who have variety of inspection project experiences and who are motivated to achieve the highest level of certification. We work hard to match your jurisdiction's level of safety and code compliance and understand that personality and customer service are crucial to on- the -job success. All CSG inspectors are ICC certified and /or possess additional required certifications. In addition, they routinely update their knowledge and skills through attendance of specialized training classes and seminars in approved and modern methods, materials, tools and safety used in building inspection, as well as the most current building standards. CASp Inspection Services To facilitate the City's compliance with current rules and regulations, CSG can provide a CASp certified professional for technical questions and interpretations, and to perform accessibility compliance inspections and CASp inspection report development. 12 CSG Consultants DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 CITY OF GILROY ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE INSPECTION FIRE INSPECTION SERVICES Construction Inspection CSG will select qualified, certified candidates for inspection services for City review and approval by the designated City representative. We understand the City is looking for experienced, CSFM/ ICC certified and /or with other appropriate entities in accordance with A13717) inspectors, and will comply. Specific responsibilities include but are not limited to providing inspection services for fire and life safety systems and construction, and maintaining records and files concerning fire permits and code administration documents. We offer fully integrated, multi - disciplined fire inspection services for residential, commercial, and industrial projects, and are experienced in all construction types. Our inspectors ensure compliance with applicable codes and requirements by identifying code violations, offering solutions to developers, property owners and tenants on potential risks and safety hazards, and by working as a team to correct violations. Our inspection staff easily integrates into client organizations, consistently implementing policies and procedures and remaining transparent to applicants and customers. 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 are crucial to on- the -job success. All CSG inspectors are [CC and /or CSFM certified and /or possess additional required certifications. In addition, they routinely update their knowledge and skills 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. AVAILABILITY AND CUSTOMER SERVICE CSG's main function is to serve as an extension of the City. We clearly understand the importance of our role in the success of the City and commit to providing its citizens and business partners— residents, architects, engineers, developers, contractors —as well as City staff, the highest level of service. We believe effective communication and excellent customer service are essential to continuing a successful working relationship between the City, CSG and the development community. Office Hours and Meeting Availability CSG inspectors are available for applicant inquiries or conferences anytime during regular business hours without charge via telephone, 8:00 AM to 5:00 PM, Monday through Friday. CSG inspectors can be ready to provide services with 24 hours notice. We can easily alter our hours to meet the City's needs. Evenings and weekends for special events and meetings can be accommodated with 48 hours notice. For your convenience, we can also 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 /Lead 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 inspection on the same day, but no later than the following day a request is received. 13 CSG Consultants DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 CITY OF GILROY ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE INSPECTION Emergency Response CSG is well qualified to respond to a local or regional emergency. Many of our personnel, have assisted in emergencies such as the recent San Bruno gas explosion, the Northridge, Loma Prieta and Napa earthquakes as well as regional floods, fires and other emergencies. Our personnel's certifications include those obtained through FEMA, Office of Emergency Services (OES), and IACET First Responder. 14 CSG Consultants DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 CITY OF GILROY ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE PLAN CHECK Technical Analyses Q PROVEN APPROACH TO WORK CSG's proposed team has been selected to best support the City and will deliver the highest level of service through its application of technical expertise, knowledge of municipal processes and procedures, efficient and effective customer care, and application of code compliance combined with innovative and helpful alternatives. Our extensive 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 and online plan check status reporting to providing faster - than - scheduled turnaround times, CSG will deliver the highest quality services to the City of Gilroy. Key benefits that we offer include: Concentrated focus on cost - saving approaches and methods. Because we serve numerous municipalities and agencies, we are constantly improving and adapting to provide our clients with the most cost - effective services. P Customized, responsive services. We are skilled at assessing time commitments, developing an accurate work plan and applying dedicated, professional personnel. We can quickly fine -tune staffing levels to match or adjust to changes in plan review, inspection and front counter activity. And, with our digital plan review capabilities, we are able utilize resources from any of our regional offices. A wealth of fully committed and qualified personnel. We maintain staff that is fully licensed and certified at the highest level of industry standards. To keep our personnel on the industry's leading edge, many serve as popular educational instructors and lecturers as well as sit on boards and committees for organizations developing and implementing important code regulations. We also keep up with latest in procedures and use of products, e.g., green building, accessibility, CASp certification requirements, NPDES, MRP, and more. Rapid turnarounds and expedited services. With extensive experience in the digital plan review process combined with extensive code application experience, our staff excels at providing expeditious turnarounds. We easily match and more often beat any required turnaround deadlines. Leading -edge, cost - saving technology. CSG offers a suite of digital options— speedy digital plan reviews including electronic versions of plan comments; an easy -to -use web portal for plan submittal, tracking and approval of digital plans; and available full scanning and archiving services. Environmentally friendly practices. Our corporate policy on sustainability supports a healthy environment, reduces our carbon footprint and promotes environmental stewardship through environmentally preferable purchasing and other sustainability actions. Our digital plan review system encourages the bypass of paper use, and all possible documents at CSG are printed double -sided on recycled, post- consumer content paper. 15 CSG Consultants DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 CITY OF GILROY ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE PLAN CHECK BUILDING & FIRE PLAN REVIEW Compliance Standards Our team of professionals is ready to assist in all aspects of plan review and to focus on the special needs and requirements of each of our clients. We promise prompt turnaround times and offer comprehensive online status reports. Our plan reviewers carefully review all documents for compliance with building codes, fire codes, energy conservation standards, State accessibility regulations, and all local ordinances. We understand and will comply with the City's own requirements for plan review services. Our engineers and plan reviewers review plans for compliance with all policy and model codes adopted by the State of California, including but not limited to: P California Building Code, Volumes 1 and 2 California Residential Code California Electrical Code California Plumbing Code California Mechanical Code California Fire Code 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) State Historical Building Code California Energy Code (as directed by the California Energy Commission) California Green Building Code (except those sections per the California Energy Code) NPDES/WQMP/SWPPP Compliance 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 CASp Services We understand California Building Departments are required to have CASp certified staff in place and available for technical questions and interpretations. Our CASp certified staff are knowledgeable of state and federal accessibility laws and regulations and possesses the expertise necessary to promote access to facilities for persons with disabilities. In accordance with current regulations, CSG can supply a CASp certified professional to review plans for accessibility and to facilitate compliance with regulations. OSHPD 3 Reviews Our staff of professional engineers and certified plans examiners is experienced with the differences between CBC and OSHPD 3 facilities and have successfully completed many OSHPD 3 plan reviews for multiple client agencies. 16 CSG Consultants DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 CITY OF GILROY ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE PLAN CHECK Green Building and LEED Certification Our Building Division staff is experienced in plan review and inspection for compliance with CALGreen and local green building ordinances. In addition, CSG Consultants has all of the qualifications necessary to assist the City in both the development of policy and the implementation of green and sustainable building practices. CSG's Sustainability Programs division can assist, for example, with construction and demolition debris recycling programs as well as public outreach to the building industry. We have green building professionals including LEED accredited personnel on staff. Quality Control / Quality Assurance 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 staff member will review plan check comments in order to ensure relevance and accuracy. 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 with the appropriate recommendations. In addition, plan check comments can be delivered electronically by email or other City approved means. This enables the checklist to be incorporated with other department comments, if needed. Plans Pickup and Delivery For all clients, pickup and delivery of plans and other materials via CSG staff or an approved alternative service is provided within 24 hours of notification at no additional cost. Online Plan Check Status CSG offers a convenient service allowing clients to check plan review status and r\ comments online. By logging in to our Plan Check Status website, staff as well as CSG i authorized applicants can view each project document and communicate with CSG Plan Check System the plan checker via e-mail or post -a -note. Staff or authorized applicants can download comments from the web upon completion of the plan review. There is no additional cost for this service. Digital Plan Review CSG began the transition to digital plan review over 17 years ago, leading the consultant field with this ground- breaking service. All paper plans submitted to CSG are immediately scanned into digital files and stored on CSG's servers for quick and easy access by both our clients and our plan reviewers. Our plan reviewers furnish electronic versions of their plan comments conforming to each client's established correction list templates. Any additional forms utilized 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 with the appropriate recommendations. Plan check comments can be delivered electronically by email or other City approved means, enabling City staff to immediately modify CSG's checklist for incorporation with other department comments. Upon request, clients can be provided with a set of digitally scanned plans at no cost, including convenient, "green" (paperless) storage of all construction - related documents. In addition, for jurisdictions requesting a pure digital plan review workflow, CSG has developed an online web application for an applicant to submit digital files directly to us, which includes an online portal for 17 CSG Consultants DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 CITY OF GILROY ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE PLAN CHECK the applicant /jurisdiction to retrieve comments and submitted digital files with redlines. This online portal tracks all submittals, including re- submittals until the plans have been approved. Key features of our digital plan review service include: Efficiency. Plans are pushed to plan review staff the same day they are submitted. There is no "bin time." Simplicity. CSG developed its own web -based portal to manage the electronic file submittal process. By using a web interface, the applicant is no longer faced with size restrictions on email attachments or required to learn complex FTP settings. P Proven. We have provided a digital plan review option to our clients for over 17 years. Non - Proprietary. CSG's electronic review process is 100% PDF -based with no additional software required to view redlines. Extensible. Should the City decide to implement electronic review as a standard, CSG offers an integration path for our electronic review software— GreenVue Fusion. Fire Prevention Plan Review The extensive and ever - evolving regulations affecting the design and construction of today's complex buildings require specialized code training, education, and experience, while tight schedules and budgets require movement of plans through the permit process quickly and efficiently yet thoroughly examined and inspected. CSG employs a team of professionally certified fire plan reviewers, fire inspectors, fire protection engineers, fire marshals, and fire chiefs to manage fire department operations, support front counter procedures, review plans, and inspect structures for code conformance. CSG's expertise is multi- faceted, gained from extensive experience in plan review, code enforcement, code development, code instruction as well as fire suppression. Members of our Fire Prevention Division are recognized for their service on local, state and national code (ICC and NFPA) development committees and advisory groups. We have expertise in a wide range of project types: Single family and multi - family developments High -rise commercial & residential Agricultural Manufacturing plants Specialized technology /industrial P High - pile /rack storage Refrigerated storage PLAN CHECK TURNAROUND TIMES CSG works hard to provide the best quality and most timely service in the industry. We pride ourselves in maintaining the requested plan review times for all our clients —even delivering fasterthan our own deadlines. Our goal is to approve code - complying projects and to successfully and quickly move work through jurisdictional processes. CSG will ensure that all building and safety duties and follow -up actions will be performed in a timely and responsive manner. If a review is anticipated to take longer than the maximum turnaround timing, CSG will notify the City with advanced notice and negotiate additional time required to ensure an appropriate level of review. 18 CSG Consultants DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 CITY OF GILROY ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE PLAN CHECK The following are CSG's proposed plan check turnaround times. Residential New Construction i 10 5 Small Commercial Remodels / Tenant Improvements 10 5 Revisions, Deferred Submittals, RFIs 5 5 Large /Complex Commercial Projects* 10 5 Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround timing, CSG will notify the City's representative and negotiate additional time required to ensure an appropriate level of review. Accelerated /Expedited Plan Check Upon request, we can perform plan check services within an accelerated time frame, with fees negotiated between the City and CSG. CSG completes initial accelerated plan check within 5 working days. Quality Control /Quality Assurance 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 staff member will review all plan check comments in order to ensure relevance and accuracy. CSG's main function is to serve as an extension of the City. We clearly understand the importance of our role in the success of the City and commit to providing its citizens and business partners— residents, architects, engineers, developers, contractors —as well as City staff, the highest level of service. We believe effective communication and excellent customer service are essential to continuing a successful working relationship between the City, CSG and the development community. AVAILABILITY AND CUSTOMER SERVICE Office Hours and Meeting Availability CSG staff plan checkers are available for applicant inquiries or conferences anytime during regular business hours without charge via telephone, 8:00 AM to 5:00 PM, Monday through Friday. For your convenience, we can also 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 /Lead will be available in person for consultation and meetings with a reasonable lead time. CSG will also provide a 1 -800 phone number (or equivalent toll -free number) for service calls from Building and Fire Divisions and permit applicants. Response to City Questions or Requests CSG staff can typically respond to the City for all questions or requests generated during any plan review on the same day, but no later than the following day a request is received. Emergency Response CSG is well qualified to respond to a local or regional emergency. Many of our personnel, have assisted in emergencies such as the recent San Bruno gas explosion, the Northridge, Loma Prieta and Napa earthquakes as well as regional floods, fires and other emergencies. Our personnel's certifications include those obtained through FEMA, Office of Emergency Services (OES), and IACET First Responder. 19 CSG Consultants DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 EXHIBIT "C" MILESTONE SCHEDULE N/A 4835 - 2267- 0361v1 LAC104706083 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 EXHIBIT "D" PAYMENT SCHEDULE 4835 - 2267- 0361v1 LAC104706083 DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54 Fee Schedule CSG's fee schedule which includes fees for personnel providing the proposed scope of work is provided in the table below. We will coordinate the pickup and return of all plans via CSG staff or a licensed courier service. This service is provided at no additional cost. Plan review based on a percentage of plan check fees includes initial plan review and two subsequent reviews. Additional reviews will be charged at the appropriate hourly rate indicated below. Residential and Non - Residential Building Plan Review Expedited Building Plan Review Building Plan Review (Hourly)* Certified Combination Building Inspector 60% of City's Plan Check Fee 90% of City's Plan Check Fee 125 90 Permit Technician $60 i CASp Inspection i $135 Expedited Building Plan Review (Hourly) 1.5 x Hourly Rate 11 M Residential and Non - Residential Fire Plan Review 70% of City's Plan Check Fee Expedited Fire Plan Review Fire Plan Review (Hourly)* Fire Inspection Expedited Fire Plan Review (Hourly) 90% of City's Plan Check Fee 100 90 1.5 x Hourly Rate All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. Overtime work authorized by the City will be billed at 1.5 x the applicable hourly rate. On each anniversary of the contract start date, CSG will initiate a rate increase based on change in CPI -W for the applicable region. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. Deferred submittals, revisions, RFIs, 4th reviews, and similar submittals to be charged at the hourly rate or as determined otherwise by mutual agreement with the City. BFI's for larger developments will be performed at an hourly rate, with turnaround times to be mutually agreed upon with the City. In -house (at the City) reviews will utilize a Plan Check Engineer. DocuSign Envelope ID: 0D661DDD-C7D9-4277-9C4D-4FC173755D54