HomeMy WebLinkAboutCSG RedactedAgreement Page 1
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on July 27, 2021, by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and CSG
CONSULTANTS, hereinafter referred to as Contractor or Consultant
W I T N E S S E T H:
WHEREAS, the City wants to retain Consultant to conduct plan review and inspection services under City
Specification No. 2019-4006-01.
WHEREAS, Contractor/Consultant is qualified to perform this type of service and has submitted a proposal
to do so which has been accepted by City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,
as first written above, until three years from the date this Agreement is made and entered and acceptance or
completion of said services.
2. INCORPORATION BY REFERENCE City Specification No. 2019-4006-01 and Contractor's
proposal dated May 23, 2019, is hereby incorporated in, and made a part of this Agreement and attached as Exhibit
A. Agreement as Exhibit B. To
the extent that there are any
both parties.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay,
and Contractor shall receive therefor the agreed-
proposal.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and Agreements
herein before mentioned to be made and performed by City, Contractor agrees with City to provide services as set
forth in
Agreement Page 2
5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the Department Head or City Manager of the City.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral
Agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of
any force or effect, nor shall any such oral Agreement, understanding, or representation be binding upon the parties
hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City Community Development Department
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Attn:
Contractor/Consultant CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each
individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute
Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
CITY OF SAN LUIS OBISPO, A Municipal Corporation
APPROVED AS TO FORM: CONTRACTOR
CITY OF SAN LUIS OBISPO
B UILDING & SAFETY, ENGINEERING DEVELOPMENT REVIEW, FIRE PLAN REVIEW, AND INSPECTION SERVICES
ii
Table of Contents
Cover Letter ........................................................................................ i
Table of Contents ................................................................................ ii
SECTION 1 Submittal Forms .................................................................................. 1
SECTION 2 Qualifications ...................................................................................... 10
Statement of Past Contract Disqualifications ...................................... 12
Organizational Chart & Resumes ......................................................... 13
SECTION 3 Work Program ..................................................................................... 38
Project Understanding......................................................................... 38
Approach & Methodology ................................................................... 38
Building Plan Review Services .............................................................. 39
Civil Plan Review Services .................................................................... 41
Fire Plan Review Services .................................................................... 43
Electronic Plan Review ........................................................................ 44
Building Inspection Services ................................................................ 45
Quality Assurance / Quality Control .................................................... 46
Customer Service & Responsiveness ................................................... 47
SECTION 4 Compensation ..................................................................................... 48
- -
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
SECTION F: PROPOSAL SUBMITTAL FORMS
The undersigned declares that she or he has carefully examined Specification No. 2019-4006-01 which is
hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent
the proposing firm; and agrees to perform the specified work for the following cost quoted in full:
PROPOSAL ITEM: Building, Engineering Development Review, and Fire Plan Review and Inspection
Services
Consultant Fee as a Percentage of Building Plan Check Fee %
Consultant Fee as a Percentage of Fire Plan Check & Inspection Fee %
Consultant Fee as a Percentage of Engineering Development Review Plan Check
Fee
%
Structural Only Plan Review as a Percentage of the Building Plan Check Fee %
Hourly Building Plan Review Fee $
Hourly Fire Plan Review Fee $
Hourly Engineering Plan Review Fee $
Inspection Services upon request Hourly Rate- Building $
CASp Services upon request Hourly Rate $
Inspection Services upon request Hourly Rate- Code $
Inspection Services upon request Hourly Rate- Fire $
Inspection Services upon request Hourly Rate- Engineering $
Inspection Services upon request Hourly Rate- Stormwater/NPDES $
Certificate of insurance attached; insurance
Firm Name and Address
1
A
N/A
N/A
N/A
N/A
X
125
95
220/190/165
220/110
125
35
75
75
75
EXHIBIT B
GENERAL TERMS AND CONDITIONS
Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages and amounts specified in Section E of
paragraph 2 of the Agreement, unless changes are otherwise approved and agreed to in writing
between the parties. If the Agreement is entered into outside of a Request for Proposal,
Contractor shall provide proof of insurance in the form coverages and amounts specified in
Exhibit
Business License & Tax. The Contractor must have a valid City of San Luis Obispo
business license & tax certificate before execution of the contract. Additional information
-7134.
Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out
and complete the work hereunder in compliance with all federal, state, county, city, and special
district laws, ordinances, and regulations.
Laws to be Observed. The Contractor shall keep itself fully informed of and shall
observe and comply with all applicable state and federal laws and county and City of San Luis
Obispo ordinances, regulations and adopted codes during its performance of the work.
Payment of Taxes. The contract prices shall include full compensation for all taxes that
the Contractor is required to pay.
Permits and Licenses. The Contractor shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary.
Safety Provisions.The Contractor shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
Public and Employee Safety. W
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other
devices and take such other protective measures as are necessary to prevent accidents or damage
or injury to the public and employees.
Preservation of City Property. The Contractor shall provide and install suitable
safeguards, approved by the City, to protect City property from injury or damage. If City
good as when the Contractor began work.
Immigration Act of 1986. The Contractor warrants on behalf of itself and all
subcontractors engaged for the performance of this work that only persons authorized to work in
the United State pursuant to the Immigration Reform and Control Act of 1986 and other
applicable laws shall be employed in the performance of the work hereunder.
11. Contractor Non-Discrimination. In the performance of this work, the Contractor
agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in
discrimination in employment of persons because of age, race, color, sex, national origin or
ancestry, sexual orientation, or religion of such persons.
12. Work Delays. Should the Contractor be obstructed or delayed in the work required to be
done hereunder by changes in the work or by any default, act, or omission of the City, or by
strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials,
equipment, or labor due to federal government restrictions arising out of defense or war
periods as may be agreed upon by the City and the Contractor. In the event that there is
insufficient time to grant such extensions prior to the completion date of the contract, the City
may, at the time of acceptance of the work, waive liquidated damages that may have accrued for
failure to complete on time, due to any of the above, after hearing evidence as to the reasons for
such delay, and making a finding as to the causes of same.
13. Payment Terms.
invoice and acceptance by the City of the materials, supplies, equipment, or services provided by
the Contractor (Net 30).
14. Inspection. The Contractor shall furnish City with every reasonable opportunity for City
to ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done, and all materials furnished, if any,
nspection and approval. The inspection of such work shall not
relieve Contractor of any of its obligations to fulfill its contract requirements.
15. Audit. The City shall have the option of inspecting and/or auditing all records and other
written materials used by Contractor in preparing its invoices to City as a condition precedent to
any payment to Contractor.
16. Interests of Contractor. The Contractor covenants that it presently has no interest, and
shall not acquire any interest direct, indirect or otherwise that would conflict in any manner
or degree with the performance of the work hereunder. The Contractor further covenants that, in
the performance of this work, no subcontractor or person having such an interest shall be
employed. The Contractor certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in
the performance of the work hereunder, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
17. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by
law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant
shall indemnify, defend, and hold harmless the City, and its elected officials, officers,
action, claims, liabilities, obligations, judgments, or damages, including reasonable legal
f the operations
or damage arising from the sole negligence or willful misconduct of the City. In the event the
City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising
including reasonable legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services
paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including,
but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify,
defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and
perform its obligations under this Agreement or out of the operations conducted by Consultant,
except for such loss or damage arising from the active negligence, sole negligence or willful
misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit,
burse the
City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of
such claims.
(c) Design Professional Services
Scope of Services require Consultant t
are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B.
To the fullest extent permitted by law (including, but not limited to California Civil Code
Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its
against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert
consultant and expert witness fees arising out of, pertaining to or relating to, the negligence,
recklessness or willful misconduct of Consultant, except to the extent caused by the sole
negligence, active negligence or willful misconduct of the City. Negligence, recklessness or
willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed
to be the negligence, recklessness or willful misconduct of Consultant unless adequately
corrected by Consultant. In the event the City Indemnitees are made a party to any action,
option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees,
incurred in defense of such claims. In no event shall the cost to defend charged to Consultant
ever,
notwithstanding the previous sentence, in the event one or more defendants is unable to pay its
share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and
confer with other parties regarding unpaid defense costs.
obligations. This Section survives completion of the services or the termination of this contract.
The provisions of this Section are not limited by and do not affect the provisions of this contract
relating to insurance.
18. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise
dispose of the contract, or its right, title or interest, or its power to execute such a contract to any
individual or business entity of any kind without the previous written consent of the City.
19. Termination for Convenience. The City may terminate all or part of this Agreement for
any or no reason at any time by giving 30 days written notice to Contractor. Should the City
terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or
off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total
purchase price; (b) for custom products, the less of a reasonable price for the raw materials,
components work in progress and any finished units on hand or the price per unit reflected on
this A
will be the lesser of a reasonable price for the services rendered prior to termination, or the price
for the services reflected on this Agreement. Upon termination notice from the City, Contractor
progress and finished goods.
20. Termination. If, during the term of the contract, the City determines that the Contractor
is not faithfully abiding by any term or condition contained herein, the City may notify the
Contractor in writing of such defect or failure to perform. This notice must give the Contractor a
10 (ten) calendar day notice of time thereafter in which to perform said work or cure the
deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Contractor to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
and
effect, and shall not be extinguished, reduced, or in any manner waived by the terminations
thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs u
milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in
the Agreement payment schedule; compensation for any other work, services or goods
value of the work-in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed
full and complete accounting of costs. In no event, however, shall the Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
Certificate Of Completion
Envelope Id: 55250FB52EE141338A18F8749B4D5C63 Status: Completed
Subject: Please DocuSign: Agreement CSG Consulting_2021.pdf, EXHIBIT A - Proposal for Building Safety E...
Source Envelope:
Document Pages: 16 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Daniel Clancy
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
990 Palm Street
San Luis Obispo, CA 93422
dclancy@slocity.org
IP Address:
Record Tracking
Status: Original
7/27/2021 4:56:41 PM
Holder: Daniel Clancy
dclancy@slocity.org
Location: DocuSign
Signer Events Signature Timestamp
Cyrus Kianpour
cyrus@csgengr.com
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address:
Sent: 7/27/2021 5:05:33 PM
Viewed: 7/27/2021 9:36:50 PM
Signed: 7/27/2021 9:38:46 PM
Electronic Record and Signature Disclosure:
Accepted: 7/27/2021 9:36:50 PM
ID: 7e568c35-3535-4e04-9d68-642e07e0d44b
Markie Jorgensen for Christine Dietrick
mjorgens@slocity.org
Assistant City Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address:
Sent: 7/27/2021 9:38:49 PM
Viewed: 7/28/2021 8:23:45 PM
Signed: 7/28/2021 8:25:39 PM
Electronic Record and Signature Disclosure:
Accepted: 7/28/2021 8:23:45 PM
ID: d421ab90-8c51-4b63-bd91-3809ae173aa7
Derek Johnson
djohnson@slocity.org
City Manager
City of San Luis Obispo
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(None)
Signature Adoption: Pre-selected Style
Using IP Address:
Signed using mobile
Sent: 7/28/2021 8:25:42 PM
Viewed: 7/28/2021 10:13:27 PM
Signed: 7/28/2021 10:13:52 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
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Intermediary Delivery Events Status Timestamp
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Carbon Copy Events Status Timestamp
Rebecca Bernstorff
rbernstorff@slocity.org
Security Level: Email, Account Authentication
(None)
Sent: 7/28/2021 10:13:54 PM
Viewed: 7/29/2021 8:20:22 AM
Electronic Record and Signature Disclosure:
Accepted: 7/13/2021 5:13:28 PM
ID: 4fa44944-a324-4d7a-b131-d4648144924c
Daniel Clancy
dclancy@slocity.org
Purchasing Analyst
City of San Luis Obispo
Security Level: Email, Account Authentication
(None)
Sent: 7/28/2021 10:13:55 PM
Resent: 7/28/2021 10:13:58 PM
Viewed: 8/2/2021 4:07:51 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cyrus Kianpour
cyrus@csgengr.com
President
Security Level: Email, Account Authentication
(None)
Sent: 7/28/2021 10:13:55 PM
Electronic Record and Signature Disclosure:
Accepted: 7/27/2021 9:36:50 PM
ID: 7e568c35-3535-4e04-9d68-642e07e0d44b
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/27/2021 5:05:33 PM
Certified Delivered Security Checked 7/28/2021 10:13:27 PM
Signing Complete Security Checked 7/28/2021 10:13:52 PM
Completed Security Checked 7/28/2021 10:13:55 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure