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HomeMy WebLinkAboutCD Building Inspection, Plan Check & Building TechnicianCITY OF n, 1� Agenda Item No: 4. b Meeting Date: May 19, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Department Prepared by: Paul A. Jensen, Director (TA) City Manager Approvaq) v '-c- SUBJECT: Resolution authorizing the City Manager to execute a Professional Services Agreement with CSG Consultants, Inc. for building inspection, plan check and building technician services on an as needed basis RECOMMENDATION: Adopt Resolution BACKGROUND: The Building Division of the Community Development Department provides services in building permit processing, plan checking and building inspection. Most of the department services are provided by full- time and part time City employees. but the plan check needs for larger projects are provided through contractual services with the EsGil Corporation (EsGil). As the Building Division does not have a budgeted, full-time plan checker position, plan checking for the more routine, smaller projects is completed in-house, by the Chief Building Official and a part time plan checker. EsGil has provided a good and efficient service to the City but there is a desire to hire a second building consultant service for several reasons. First, our customers have often suggested (and requested) a local alternative to using EsGil (San Diego -based). Second, a locally -based consultant can be available to provide short -terra back-up to the Building Division when there are employee vacancies and during times of extremely busy construction activity. As one of the guiding principles of the Building Division is to provide efficient plan check review and a commitment for timely processing, hiring a local building consultant service will provide assistance when needed. The Chief Building Official solicited a request for proposal (RFP) for services from five, Bay Area -based building consultant service companies. The requested scope focused on plan checking, building inspection and building technician services. Three proposals for service were received and CSG Consultants, Inc. was selected. An Agreement for Professional Services has been drafted and is provided in Attachment 1 of this report. The scope of services and fee charges (fess schedule) are presented in Exhibits A and B of Attachment 1. As the agreement with CSG is structured to provide services to the City on an "as -needed" basis, an annual not -to -exceed compensation is set at $50,000 ar7d three-year terra is proposed. FOR CITY CLERK ONLY File No.: �'4 Council Meeting: Disposition: FC ia. .;z�, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS: CSG Consultants, Inc. was selected for several reasons: 1. The billing rates offered by CSG are substantially -lower than the other two firms. The proposed billing rates coincide with our current building permit fee structure so that the service would be cost -neutral. 2. CSG is a well-established building services consulting firm and has a good reputation. CSG has successfully provided contractual services for similar -sized Bay Are cities for many years. Further, CSG is currently under contract with the City for code enforcement services (massage ordinance enforcement) and the City has been satisfied with their services. 3. CSG offers some specialized skills, which would be advantageous to the City in reviewing projects that are unique in design and use. If hired, CSG will be assigned to provide plan checking services for the BioMarin development at the San Rafael Corporate Center (SRCC). BioMarin proposes a specially -designed laboratory use for the last office building on the SRCC campus. CSG has a lot of experience in laboratory building design. FISCAL IMPACT: Sufficient revenues (building permit revenues) have been appropriated in the City's fiscal year 2013-2014 General Fund to support this contract. The cost for CSG Consultant services will be covered by plan check review and inspection fees that are charged to City customers (`pass-through" fee). For short-term back-up services needed during employee vacancies, service charges will be covered through salary savings. Therefore, the contractual services will not result in a fiscal impact to the City. OPTIONS: The City Council has the following options to consider on this matter: 1. Authorize the City Manager to execute Professional Services Agreement 2. Delay the execution of the Professional Services Agreement and provide direction to staff 3. Deny the execution of the Professional Services Agreement and direct staff to obtain additional proposals for services from consultants ACTION REQUIRED: Adopt Resolution ATTACHMENTS Exhibit 1: Resolution with Professional Services Agreement with: Attachment 1- Professional Services Agreement Exhibit A- Scope of Services Exhibit B- Fee Schedule Exhibit C- Certificate of Insurance bidgservlces.CC rpt- CSG 5 19 '14 RESOLUTION NO. 13726 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH CSG CONSULTANTS, INC. FOR BUILDING PERMIT PLAN CHECK, BUILDING INSPECTION AND BUILDING TECHNICIAN SERVICES ON AN AS -NEEDED BASIS (Term of Agreement: from June 1, 2014, to June 1, 2017 for an amount not -to -exceed $50,000 per year) WHEREAS, the City of San Rafael Community Development Department, Building Division provides services in building permit processing, plan checking, and building inspection. Most of the department services are provided by City employees, but the larger plan checking needs are provided through contractual services with the EsGil Corporation; and WHEREAS, it is the City's desire to hire a second building consultant service, which will: a) provide the City's customers with an alternative to the contractual plan checking services currently provided by the EsGil Corporation; and b) provide as needed services for the Building Division on special projects or when staffing is low; and WHEREAS, the Building Division solicited a request for proposal from five Bay Area -based building service consulting firms, and ultimately received and reviewed three proposals for service; and WHEREAS, following a review of consultant proposals for service, CSG Consultants, Inc. was selected based on its local and broad experience, the offered billing rates, and some of their specialized skills that may be advantageous in reviewing projects that are unique in design and use; and WHEREAS, CSG Consultants, Inc. has prepared a scope of services and fee schedule for services on an as needed basis, which are provided in Exhibit "A" and Exhibit `B," respectively, of Attachment 1. The scope of work covers as -needed services for plan check review, building inspection and building technician services; and WHEREAS, the CSG Consultant, Inc. proposal for services includes an annual not -to -exceed budget of $50,000 and a term of three years; and WHEREAS, the cost for CSG Consultant, Inc. services will be covered by plan review and inspection fees that are currently charged to City customers ("pass-through" fee), so there would be no fiscal impact to the Community Development Department budget or the City's General Fund. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, an Agreement for Professional Services with CSG Consultants, Inc., in a form approved by the City Attorney. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 19th day of May, 2014 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES WITH CSG CONSULTANTS, INC. TO PROVIDE PROFESSIONAL PLAN REVIEW SERVICES; BUILDING INSPECTION SERVICES; AND PERMIT TECHNICIAN SERVICES, ON AN AS -NEEDED BASIS This Agreement is made and entered into this 24T,v day of May, 2014, (term Agreement of: 3 ears by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSG CONSULTANTS INC. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ the services of the CONTRACTOR to provide: a) plan review services involving ministerial code review for proposed building construction plans to augment staff capabilities; b) building inspection services; and c) permit technician services, on an as -needed basis. WHEREAS, the CITY wishes to contract with a firm staffed by highly credentialed engineers and certified plan checkers with many years of regulatory plan review experience, and WHEREAS, the CITY desires to contract with a firm presently and successfully providing plan review services to government agencies. The CONTRACTOR is a Bay Area based firm that provides similar contractual services for other governmental agencies in the region. AGREEMENT. NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. The Chief Building Official is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Doug Rider is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as follows: Provide professional services for the review of proposed building plans for conformance to regulations contained in the state mandated building, energy, plumbing, mechanical and electrical codes, as those codes are adopted by the CITY, including the following: Rev. Date: 1/30114 1 A. Arrange pick up and/or pay the cost of shipping one set of plans and documents to the CONTRACTOR's office and shipment back to City offices of the final approved plans and documents; B. Perform traditional preliminary plan review consultations in CONTRACTOR's main office by meetings or by telephone; C. Perform traditional initial plan review of submitted plans to determine compliance with CITY adopted California Building Code, Residential Code, Plumbing Code, Mechanical Code, Electrical Code, California energy code requirements, CalGreen, and SRMC Title 12; D. Provide the CITY with a typed list of items needing clarification or change to achieve conformance with the above regulations; E. Perform all necessary liaison with the applicant's designee by telephone, fax, mail or meeting in CONTRACTOR's main office, and perform all necessary rechecks to achieve conformance to the regulations; F. Perform all necessary liaison with the Chief Building Official or his designee, by mail, telephone, fax or meeting in CONTRACTOR's main office or at City offices, to insure compliance with compliance with local policy interpretations related to subject reviews; G. Perform plan review on revisions to plans that have previously been approved for permit issuance; H. Perform extra work when requested in writing by the CITY; I. Attend meetings at the CITY offices related to proposed building projects at the request of the Chief Building Official or at locations other than CONTRACTOR's office; J. Provide on an as needed basis, qualified, certified, building inspector(s) capable of performing light commercial or residential inspections; K. Provide, on an as -needed basis qualified, certified permit technicians capable of performing those essential duties; L. Provide, a qualified individual on an as -needed basis, to perform residential and light commercial plan review at the CITY offices and; M. Other detailed scope of services as enumerated in the attached Exhibit A. The CONTRACTOR agrees to provide adequate resources to achieve the following service delivery goals for timely performance of the work over which the CONTRACTOR has decision authority: Project Type • New or remodeled, low-rise residential construction or additions • Light commercial new construction, additions and tenant improvements • Large commercial or residential multi- family new construction projects • Rechecks Service Goal Complete initial plan review within 10 working days Complete initial plan review within 10 working days Complete initial plan review within 15 working days Complete review within 7 working days For the purpose of measuring performance, working days exclude the day plans are received by Rev. date: 1/30/14 2 CONTRACTOR and include the day a plan review has been completed. Working days do not include weekends or CITY holidays. Service level goals are subject to modification upon mutual agreement of the CONTRACTOR and CITY. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: A. At the time of the project submittal, obtain from the applicant/customer the necessary items to allow plan review to be completed in the shortest overall time frame. Necessary items include, but are not limited to, complete plans, construction specifications, soils reports, Title 24 energy calculations, structural calculations, the name and address and telephone number of the applicant's designated contact person and similar items that may be unique to a particular project, B. Notify the CONTRACTOR that the plans are ready for pick-up, or transmittal by mail or courier as previously agreed to, C. Provide the valuation for the proposed construction, D. Provide the CONTRACTOR with copies of any CITY ordinances that modify the regulations listed in Section 2(C), E. Collect sufficient plan check fees from applicant/customer to ensure that there are adequate funds to cover all costs in the event that the applicant/customer decides to abandon the permit process after the CONTRACTOR has completed the initial plan check. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: A. Compensation for each plan reviewed under Sections 2(A) through 2(F) shall be 65% of the building plan review fee calculated per SRMC fee schedule. The construction valuation shall be based on the most recent valuation multiplier published by the International Conference of Building Officials in Building Standards, or on the architect's estimated construction cost, or on the Chief Building Official's cost estimate. The value shall include all proposed construction as defined in California Building Code Section 109.3. Further: 1) Plan check fee for repetitive, identical buildings shall be 15% of the building plan review fee as noted above for the first or basic building. 2) Compensation for structural -only plan reviews is reduced to 50% of the building plan review fee as noted above. 3) The single fee includes all rechecks, plan check conferences at CONTRACTOR's office, reviewing plans that are initially found to be incomplete and for the transmitting of plans back to the jurisdiction. 4) Structural, Electrical, Plumbing or Mechanical plan review shall be charged at the rates as stated in Exhibit B attached. 5) The minimum fee for any project plan review shall be one hundred dollars ($100.00). Rev. date: 1/30/14 B. Compensation for all other work performed under Section 2(G) through 2(L) shall be at the rates as set forth in Exhibit B attached. The method of calculating compensation for each such plan reviewed shall be as agreed to by the Chief Building Official and CONTRACTOR. C. Total compensation payable to CONTRACTOR under this agreement shall not exceed $50,000 per year of the agreement Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for three (3) years commencing on June 1, 2014 and ending on June 1, 2017. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of up to three (3) years. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. Rev. date: 1/30/14 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other parry, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of three million dollars ($3,000,000) per occurrence/three million dollars ($3,000,000) aggregate, to cover any claims arising out of .the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insured's under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. Rev. date: 1/30/14 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self- insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured parry. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR'S. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured parry. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a «aiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. ll. TNTI)F'1TNUTC,'�TION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest Rev. date: 1/30/14 extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by; the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. Rev. date: 1130/14 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third parry, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. Thomas Ahrens City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Doug Rider CSG Consultants Inc. 1700 South Amphlett Blvd. P Floor San Mateo, CA 94402 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of Rev. date: 1/30/14 this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification N timber and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. Rev. date: 1/30/14 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR By: NANCY MA E, City Manager Nai ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, Oity Attom'O'Y' EXHIBIT A — Scope of Services EXHIBIT B — Hourly Fee Schedule Rev. date: 1/30/14 10 Title: AFAHERIM, �~y�Yx t'frj o �� > E sF 19 f It �4l4s'+Rs'. CSG understands the City seeks building plan review services for specific projects and in times when work load exceeds the capacity of City staff. Described below is CSG's approach to delivering tl­ ese services. onipliance S andards 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 deckers carefully review all documents for corn pliance ,pith building nodes, fire codes, energy conservation standards, Sta--'-e accessibility regulations, a nd all 'ocal ordinances. We understand and will compl,/ with the City's own requirements for plan review services. Our engineers and plan reviewers review plans for compliance with all policy and mocel codes adopted by the State of Califc.rnia, including but not limited to: 2013 California Building Code, i/olumes ? and 2 2013 California Residential Code 2013 California Elecrical Code 2013 California Plumbing Code 2013 California Mechanical Code 2013 California Fire Code as jointly published by the Western Fire Chiefs Associatio7 and the National Fire Protection Association (NFPA) as amended and adopted by the State of California (Title -24, Part 9 California Fire -'ode) National Fire Codes as published by the National Fire Protection Association (NFPA); as adopted and referenced by the State of California (California Code of Pegulations, Title -19, Section 1.09) 2013 State Historical Building Code 200812010 Caifornia Energy Code (as directed by the California Energy Code) 2013 California Green Buildirg Code (except those sections per the California Energy Code) NPUES/WQMP/SWPF'P Compliance City adopted ord'nm7ces and amendmerts relative to buildina and municipal codes, incauding project Conditions of .4pproval from other City departments, divisions, regulating agencies, and jurisdictions 'i",So S v c,:.. vVe understand California BUddirg Departments are required :o have a CASp -ertified person in place and available for technical questions and interpretations. Our CASp certified staff are knowledgeable of state and federal 3ccessi'3ility laws and re.guations and possesses the expertise recessary to 1 aromote access to facilities `Or persons with disabilities. In accordance "vith a newly formed rules and regulations, CSG can supply a CASp certified •, arofessional to review all plans for accessibility and will comply with regulations to provide a sufficient number of building department staff who are W -ASp certified by January 1, 2.014. 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. CSG can also provide certified OSHPD Inspectors of Record for a variety of different projects. 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 Certified Green Building Professionals (CGRP) and LEED accredited personnel on staff. 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 deviat ons 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 will enable City staff to immediately modify our checklist for incorporaVcn with other department comments. ,,� !Llalis;? 4€ nt d l j' C. ua /i-:aS 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 stagy; f member will review plan check comments in order to ensure relevance and accuracy. CSG will arrange for pickup and delivery of plans to City offices. The pickup and delivery of plans and other materials via CSG staff or an approved alternative service will be provided at no additional cost. CSG offers a convenient service allowing clients to check plan review status and comments online. By logging in to our Plan Check Status website, staff as well as authorized applicants can view each project document and common cate with the plan checker via e-mail or pos-a-note. Staff or authorized applicants can download comments from the web upon complet'on of the plan review. There is no additional cost for this service. CSG's main function is to serve as an extension of the City. We clearly understand the importance of our role in ti,e 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 a successful working relationship between the City, CSG and the development community. !i!f_e Hours }ES and 4 nn 'q" vaii! '`biIity CSG staff plan checkers and inspectors are availabe for applicant inquiries or conferences anytirre during regular business hours without charge via telephone, 8:00 AM to 5:00 PM, Monday through Friday. We can easily alter our hours to meet the City's needs. Evenings and weekends for special events and meetings can be accommodated with 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 ?roject Manager/Lead will be available in person for consultation and meetings with a reascnable lead time. lespo s 3 CSG staff can typically respond to the City for all questions or requests generated during field inspections or any plan review during the same day, but no later than the following day a request is received. CSG is well qualified to respond to a local or regional emergency. Manv of our persornel, 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 irclude those obtained through FEMA, Office of E ergency Services (OES), and IACET First Responder. 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. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. Fee includes initial review oral 2 reviews, if necessary. ,additional reviews wail incur hourly fees. 65% City -Collected Plan Review Fees by SL�� Cily-Ceilected Pl;-ri Pevievj Fees $85 $150 $125 $g5 $90 $60 $15o $150 i.5;1, I-icurly Rata All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, office expenses, etc. should the scope of work change or circumstances develop which necessitate special handling, we will notify the City prior to proceeding. Annual adjustments may be made by mutual agreement based upon current CPI. _ EXHIBIT C A�� ® DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE E5/8/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME: Arthur J. Gallagher & Co. a"C"N EXt :41 - 17 FAX Insurance Brokers of CA, Inc. LIC #0726293 E-MAIL 1255 Battery Street, Suite 450 ADDRESS: San Francisco CA 94111 INSURERS) AFFORDING COVERAGE NAIC # INSURER -A :TravelersP[4pertCasualty Co of A 74 INSURED CSGCONS-01 INSURERB:Cypre_$_S InSUfanc2 Com y-( -- -man CAS -- ----1 - - CSG Consultants, Inc., Precision Inspection -CSG wsuRERc _Arch Insurance Company __- 11150_ 1700 S. Amphlett Blvd, 3rd Floor INSURERD San Mateo, CA 94402 - - - - ------ - ----t---- INSURER E I INSURER F COVERAGES CERTIFICATE NUMBER: ?VIRi487D'iA REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ',ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MMIDD/YYYY MM/DDIYYYY LIMITS A GENERAL LIABILITY Y E80294M0850 12/4/2013 2/4/2014 EACH OCCURRENCE$1,000 000__ X COMMERCIAL GENERAL LIABILITY -� _ DAMAGE TO RENTED -, --r----- PREMISES (Ea occurrence ---- -- $300,000 MD EEXP (Any one person) _ - � $5,000 X i_ CLAIMS MADE OCCUR I, - $1,000,000 _ - PERSONAL &ADV INJURY GENERAL AGGREGATE $2,000,000 $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG . -..— --- - ------ 'P -- - -- rPR �~ POLICY ! O- IX LOC A AUTOMOBILE LIABILITY Ix ANY AUTO j ALL OWNED SCHEDULED+ __� AUTOS _ _� AUTOS r- NON -OWNED HIRED AUTOS _ - AUTOS Y BA461M7612 112/4/2013 2/4/2014 ._ �aaccident__. - BODILY INJURY (Per person) BODILY INJURY (Per accident) $1,000,000 - $ �r PROPERTY DAMAGE IfPer accident $ A X I UMBRELLA Ag IX OCCUR - EXCESS gg --CLAIMS-MADE L-------- j CUP4177T123 12/4/2013 j 2/4/2014 EACH OCCURRENCE _ - - - 5,000 000 - AGGREGATE $5,000000-- - --- -- — _-- Is DED RETENTIONS B_ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE Y 3300065922131 12/4/2013 2/4/2014 X WC STATU OTH- TORY LIMITS _L ER E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED' XCW DED' (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below N / A L. DISEASE - EA EMPLOYEEI $1,000.000 - E.L. DISEASE -POLICY LIMIT $1,OOQ000 C 1 Professional Liability AEP004731502 12/4/2013 12;4/2014 Each Claim $3,000,000 retro date. 1/1/1991 Aggregate $3,000,000 Deductible: $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) I Agreement for Professional Services. City of San Rafael, its officers, agents, employees and volunteers are included as additional insureds on GL with Primary Wording per CGD381 0907; as additional insureds on Auto per CAT420 0710. Waiver of Subrogation on WC per WC990410A. 10 Day Notice of Cancellation to certholder has been requested on ten GL, Auto and Professional Liability policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN City Of San Rafael attn: Thomas Ahrens ACCORDANCE WITH THE POLICY PROVISIONS. 1450 Fifth Avenue PO Box 1511560 AUTHORIZED REPRESENTATIVE San Rafael CA 94915 Cc 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Policy #880294M0850 ccseFs COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies. Inc. Page 1 of 2 Includes the copyrighted materia" of Insurance Services office, Inc., with its permissior COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 � 2007 The Travelers Companies. Inc. CG D3 $1 09 07 ncludes the copyrighted material of Insurance Services Office. Inc., with its permission Policy #BA -461M7612-13 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endnrsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only- Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what Is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D, SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES _ INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A,1., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II, B. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LI- ABILITY COVERAGE: EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV -- BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own_ (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" teat is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED An "employee' of yours is an "insured" wl-ile operatfing a covered "auto" 'tired or rented The following is added to Paragraph A,1„ Who Is under a contractor agreement in that "em_ An Insured, of SECTION Il — LIABILITY COW ployee's" namo, with your permission, wl i1e ERAGE: CA T4 20 07 10 ,) 201C The TracE,e s In errrity Company, Ali Cghts reserved, Page 1 of 3 rrcludr-s cop}, gMt d materia o' insur2rce Se.;i^es Mice, Inc, with 3s permission. ,.sic., COMMERCIAL AUTO Any "employee" of yours ;s an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION It — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11— LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph CA. of SEC- TION I — COVERED AUTOS: 1. 'Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE; Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physica; Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (t) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) T he cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (7) At,, ad;ustment for depreciation and physi;al condition will be made in determining actual cash value In the event cf a total "less". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal 'o the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. 1. WAIVER OF DEDUCTIBLE -- GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill a PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced_ ,f. PERSONAL EFFECTS The fo'lowing is added to Paragraph A,4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or cn your covered "auto". This coverage cnly applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects cover- age. mage 2 of 3 C'201 C The rravelers Irnemoity Company. Ar rights reserved. CA Tyr 20 07 10 hciAcs copyrghted c oter.ai of i-surance 3er4ces Office, Inc, ivt`r its penrlssion 2 L. AIRBAGS The following is added to Paragraph 9.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE.: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.1b. and A.1.c., but only; a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for my one "loss", AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III d PHYSICAL DAMAGE COVERAGE: Auto loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passengertype shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Seclion of the policy for that "auto"; and COMMERCIAL AUTO (2) Any; (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A6., Transfer Or Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 07 10 is 2e1 T The Travelers ndemnity Company. A rights reserved. Page 3 of 3 n�lutles rc,yrgntcd rrateria ct nswamre O'fi e, Inc. wth is permssion WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10A (Ed 07-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA BLANKET BASIS 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2.00 % of the total policy premium otherwise due on such remuneration. The minimum premium for this endorsement is S 3�9n no Schedule Person or Organization Job Description ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ALL CALIFORNIA OPERATIONS ISSUED Thjs endorsement changes the poilcy to ti rich it is attached and is effective on the date issued unless oth&r mse stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 2:04;2013 Insured CSG CONSULTANT S. INC. Insurance Compam,!, Cypress Insurance Company WC 99 04 10A (Ed 07-07) Po".icy No. 330006922-131 Endorsement No. 1 Prem; um c ;ill? rte[. CSG understands the City seeks building plan review services for specific projects and in times when work load exceeds the capacity of City staff. Described below is CSG's approach to delivering these services. Compliance Standards Ourteam 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 checkers 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: 2013 California Building Code, Volumes land 2 :> 2013 California Residential Code 4) 2013 California Electrical Code :1 2013 California Plumbing Code 2013 California Mechanical Code t 2013 California Fire Code as jointly published by the Western Fire Chiefs Association and the National Fire Protection Association (NFPA) as amended and adopted by the State of California (Title -24, Part 9 California Fire Code) s� 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) r? 2013 State Historical Building Code 2008 / 2010 California Energy Code (as directed by the California Energy Code) 2013 California Green Building Code (except those sections per the California Energy Code) J NPDES/WQMP/SWPPP Compliance City adopted ordinances and omendments relative to building and municipal codes, including project Conditions of Approval from other City departments, divisions, regulating agencies, and jurisdictions CAS[) Services 'uve understand California Buildin Departments are required ro have a CAS;;) certified person in place and available for technical questions and nterpretations. Our CASp certified staff are knowledgeable of stale and federal accessibility laws and regulations and possesses the expertise necessary to ,promote access to facilities for persons with disabilities. In accordance with ,newly fermed rules and regulations, CSG can supply a CASp certified professional to review all plans for accessibility and will comply with eLulations to provide a sufficient number of building department staff who are UASp certified byJanuary 1, 2034. OSI-IPiD 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. CSG can also provide certified OSHPD Inspectors of Record for a variety of different projects. Green Building and LEIZED Cer-i.ificatioi-I 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 Certified Green Building Professionals (CGBP) and LEED accredited personnel on staff. plan -:[neck Corninen-"tS 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 will enable City staff to immediately modify our checklist for incorporation with other department comments. Quality Contra � C';ualit�� iasscMr� ce 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. Plans Pickuia and 021Ner7 CSG will arrange for pickup and delivery of plans to City offices. The pickup and delivery of plans and other materials via CSG staff or an approved alternative service will be provided at no additional cost. Online liar('_ i3lall .<e:::i:3'ia:i.[S CSG offers a convenient service allowing clients to check plan review status and comments online. By logging in to our Plan Check Status website, staff as well as authorized applicants can view each project document and communicate with the plan checker via e-mail or poste 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. 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 a successful working relationship between the City, CSG and the development community. office 111ours and Meeting Availability CSG staff plan checkers and 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. We can easily alter our hours to meet the City's needs. Evenings and weekends for special events anal 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. ;i loi)S;'. ,o ril:?,? C.LIC-.-stions or Reclu: lest. CSG staff can typically respond to the City for all questions or requests generated di ng field inspections or any plan review during the same day, but no later than the following day a request is received. C'�-iergenr`,,t Resp`3'9 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 tnrc a �nC-E-FFirst Responder• include those obtained through FEMA, Office of Emergency Services ����}, an.. �� .�a HIBFD 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 ora licensed courier service. This service is provided at no additional cost. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. �I� j� 7 fD LD CLS Lu 1J iil1' 3 IMI �;i'F7 ['. VI 11111';110 Fee includes initial review and 2 reviews, if necessary. Additional reviews will incur hourly fees. Full Plan Check by Percentage ___I_ Structural, Mechanical, Electrical, an um mg Plan Review by Percentage M� l, Certified Plan Review/ Building and Fire Life Safety Review Structural Plan Review /Professional Engineer Certified Commercial Building Inspector. Fire Plan"Review Inspector Certified Building Inspector Permit Technician CASp Consultation CASp Inspection Overtime 6S% City -Collected Plan Review Fees 50% City-CollectedRAW. I P ► ees II $ 85 $125 $85 HUM $90" 3571-!M' - 13,8 $75 . r $60 $15Q . 4 i $150 5 x Hourly Rate All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation insurance, office expenses, etc. Should the scope of work change orcircumstances develop which necessitate special handling, we will notify the City prior to proceeding. Annual adjustments may be made by mutual agreement based upon current CPI. CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. -E.3• DATE OF MEETING: May 19, 2014 FROM Paul Jensen DEPARTMENT: Community Development DATE: May 12, 2014 TITLE OF DOCUMENT: Professional Services Agreement for CSG Consultants, Inc. to Provide Building Inspection, Plan Check and Building Technician Services on an as needed basis. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: Cit Mana er (signature) Y g ( g ) NOT APPROVED APPROVED AS TO FORM: City Attorney (signature) REMARKS: PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and% ���� endorsements. 11 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the r contracting department. To be completed by Contracting Department: Project Manager: � ,Qs Project Name: Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.