Professional Consultant Services Page 1 of 17
Rev 5/25
AGREEMENT WITH CSG CONSULTANTS, INC
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL BUILDING SUPPORT SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and CSG CONSULTANTS, INC., a California Corporation (“CONSULTANT”), whose address is 550 Pilgrim Drive, Foster City, CA 94404.
RECITALS:
A. CITY desires certain on-call building support service services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call building support services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.
Professional Consultant Services Page 2 of 17
Rev 5/25
SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 1, 2026 and be completed on June 30, 2031.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $1,000,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.
SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.
Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.
SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
Professional Consultant Services Page 3 of 17
Rev 5/25
SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.
SECTION 12 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.
SECTION 13 - NON-ASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
Professional Consultant Services Page 4 of 17
Rev 5/25
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
Professional Consultant Services Page 5 of 17
Rev 5/25
SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Mike Titsworth
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
To CONSULTANT: CSG Consulting, Inc.
Attn: Cyrus Kianpour, President
550 Pilgrim Drive
Foster City, CA 94404
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
Professional Consultant Services Page 6 of 17
Rev 5/25
SECTION 23 - CONFLICTS
In the event of any conflict between the provisions of this Agreement and any other referenced exhibit or document attached to this Agreement, the language and terms of this Agreement shall control.
SECTION 24 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
Professional Consultant Services Page 7 of 17
Rev 5/25
IN WITNESS WHEREOF, CITY OF SAN MATEO and CSG CONSULTANTS, INC have executed this Agreement the day and year first above written.
CITY OF SAN MATEO
CONSULTANT
Zachary Dahl
Community Development Director
Date Cyrus Kianpour, P.E., P.L.S.
President
CSG Consultants, Inc
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
Professional Consultant Services Page 8 of 17
Rev 5/25
EXHIBIT A
SCOPE OF SERVICES
BUILDING PLAN REVIEW SERVICES
CSG serves as an active partner, working as a seamless extension of our public agency clients in performing the requested services and working closely with the development community and public as directed.
Compliance Standards
Our engineers and plan reviewers carefully review all plans and documents for compliance with building codes, fire codes, energy conservation standards, and accessibility regulations adopted by the State of California, and all local policies and ordinances including but not limited to:
• California Building Code, Volumes 1 and 2
• California Residential Code
• California Electrical Code
• California Plumbing Code
• California Mechanical Code
• California Fire Code
• California Energy Code
• California Green Building Standards Code (CALGreen)
• California Existing Building Code
• California Health and Safety Code
• National Fire Protection Association (NFPA) Standards as adopted and referenced by the State of California (California Code of Regulations, Title-19) • State Historical Building Code
• NPDES/WQMP/SWPPP Compliance
• Local adopted ordinances and amendments relative to building, fire and municipal codes, including project Conditions of Approval from other agency departments, divisions, and regulating agencies
CASp Review Services
We understand California Building Departments are required to have CASp certified staff in place and available for technical questions and interpretations. Our CASp certified team members are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. When requested and in accordance with current regulations, CSG can provide CASp certified professionals to review plans for accessibility and to facilitate compliance with regulations.
OSHPD 3 Reviews
Our professional engineers and certified plans examiners are well-versed in the differences between CBC and OSHPD 3 facilities and have successfully completed OSHPD 3 plan reviews for multiple client agencies.
Third-Party Plan Review Services
Subject to the Building Official’s approval, CSG can offer comprehensive, cost-effective third-party plan review services to our public agency clients on projects for which applicants may be seeking plan review turnaround times that cannot be readily accommodated by building department staff. Under Professional Consultant Services Page 9 of 17
Rev 5/25
such third-party agreements, and the agency’s approval, CSG negotiates plan review fees and review schedules directly with the permit applicant, with CSG’s fees paid by the applicant.
BUILDING INSPECTION SERVICES
We provide experienced, ICC certified inspectors who work with a team approach to ensure compliance with applicable codes and requirements and provide solutions to mitigate potential risks and safety hazards. Using well-honed customer service and communication skills our inspectors excel at educating stakeholders to keep projects moving forward. Our inspectors also utilize current technologies and equipment to view plans and documents, research related code requirements, document field conditions and progress, and share that information with stakeholders while in the field.
Key services include but are not limited to the following:
• Providing inspection services to ensure project compliance with State adopted codes and local amendments including building, electrical, mechanical and plumbing codes, • Offering code interpretation and education,
• Seamlessly integrating into client organizations and consistently enforcing policies and procedures,
• Addressing and resolving inquiries,
• Maintaining records and files,
• Providing all vehicles, fuel, maintenance and other equipment necessary for inspectors to carry out duties—at no additional cost to the City.
CASp Inspection Services
To facilitate the City’s compliance with current rules and regulations, CSG will provide a CASp certified professional for technical questions and interpretations and to perform accessibility compliance inspections upon request.
OSHPD 3 Inspection Services
CSG offers inspectors who can conduct thorough inspections of OSHPD 3 facilities.
Customer Service & Availability
CSG inspectors can be ready to provide services upon request to CSG’s designated project manager.
We are flexible and can alter our hours to meet the City’s needs. Evening and weekend inspections for special construction needs can be accommodated with sufficient notice. CSG staff can typically respond to the City for all questions or requests generated during field inspections on the same day, but no later than the following day a request is received.
PERMIT TECHNICIAN SERVICES
CSG handpicks exceptionally qualified personnel who can function as seamless extensions of the agency’s team, understand the importance of exemplary customer service, and have knowledge of the inner workings of building departments and thorough familiarity with the building application and permit process.
CSG's permit processing staff are trained in customer service and helping to facilitate and expedite the permit process. Our staff members can perform quick assessments of each customer’s needs and ensure that they are served appropriately. They are familiar with State Contractors License Law and ensure that permits are issued to properly licensed contractors. CSG’s permit technicians are also familiar with multiple permit software systems including DigEplan, Accela, Central Square, Energov, MaintStar, and Clariti, and will quickly gain proficiency with the software that has been customized for the City. Our staff are knowledgeable and experienced with permit processing functions including:
Professional Consultant Services Page 10 of 17 Rev 5/25
• Providing the public with appropriate forms and handouts. • Processing permit applications and issuing permits using the City’s software. • Accepting plans, documents, structural calculations and energy reports for permit processing. • Routing plans to building and other departments and agencies. • Performing document control, ensuring permit file integrity, and maintaining status of plans and documents during the permit process.
• Preparing plan check letters to be sent to applicants. • Assisting the public with completing applications and other required forms. • Preparing documents and reports; providing permit record materials requested from the public; researching and compiling documents for compliance with Public Records Act (PRA) requests.
CODE ENFORCEMENT SERVICES
CSG provides tailored Code Enforcement services to a wide variety of jurisdictions throughout California. Our work includes - development, implementation, and staffing for general and specialized code enforcement programs based on each community’s specific needs. We also offer program review and code enforcement management services. Our officers maintain accurate records, follow up with stakeholders, and provide effective enforcement to ensure public health and safety. General code enforcement activities include but are not limited to inspections, investigative work, responding to calls for service, preparing and processing all required notifications, and providing appropriate documentation. Our skilled and experienced staff interpret and enforce provisions of the Building, Zoning, Fire, Housing, Nuisance and Property Maintenance, and state and local codes. We also address special issues related to short term rentals, illicit massage, and other identified concerns within the community.
GENERAL CODE ENFORCEMENT SERVICES
Code Enforcement Officers work to identify violations, engage stakeholders and responsible parties to correct code violations. Examples of violations we address and enforce include:
• Building codes
• State health & safety codes
• Zoning provisions
• Public nuisances
• Fire codes
• Housing codes
• Property Maintenance concerns
• Other applicable codes
ARBORIST SERVICES (HORTSCIENCE|BARTLETT CONSULTING)
HortScience | Bartlett Consulting Divisions of The F.A. Bartlett Tree Expert Company (H|BC) provides consulting services in horticulture, arboriculture and urban forestry. HortScience, Inc. was founded in 1983. In 2018, H|BC was acquired by the F.A. Bartlett Tree Expert Co. Over the years, they have helped public agencies and private owners throughout California and beyond design, plant, and manage landscapes in a scientifically sound, environmentally responsible, and socially responsive manner.
HortScience | Bartlett Consulting’s expertise ranges from single trees to urban forests, from an individual property to the broader community. They specialize in tree assessment, preservation and management, tree preservation during development, tree risk assessment and management, soil analysis, landscape plant selection, and problem diagnosis. HortScience | Bartlett Consulting help their clients preserve desirable trees and reduce the risk associated with tree failure, provide written and electronic documentation of findings, and participate in the public meeting process. It is HortScience | Bartlett Consulting’s commitment to excellence that enables new landscape projects to get a good start.
Professional Consultant Services Page 11 of 17 Rev 5/25
PLANNING SERVICES
At CSG we believe that changing environmental conditions, increased need for housing, diminishing raw land inventory, complex mobility issues, urban infill opportunities, and economic feasibility are all becoming pivotal factors driving projects and the future of development. Our team fuses thoughtful creativity with function, practicality with aesthetics, and connecting places with people. Our staff planners perform planning activities, such as:
• Analyzing a project’s compliance with the City’s plans, policies, and regulations • Processing of Site Plan Reviews, Design Reviews, Historic Reviews, Tentative Maps, General Development Permits, Coastal Development Permits, Conditional Use Permits, General Plan and Zoning amendments, and other various planning permits
• Reviewing and processing both ministerial and discretionary applications • Researching, compiling, and analyzing social, economic, environmental, and associated data • Preparing the necessary long-range planning documents and amendments • Meeting with developers, their consultants and other project proponents, such as property owners and other interested groups. We recognize that these are important groups and individuals to any project
• Providing public counter services, including but not limited to, answering general questions and processing Zoning Clearances, Accessory Dwelling Unit Zone Clearances, Temporary Use Permits, Home Occupation Permits, and/or Short-Term Rentals permits CSG staff also has knowledge and experience in providing affordable housing support and housing services to address State Housing Mandates, preparing and administering grants, preparing parking studies, performing fiscal and economic analyses, as well as providing Geographic Information System (GIS) assistance.
ENVIRONMENTAL PLANNING SERVICES
CSG planners are environmental stewards for our natural and built environments. CSG’s approach to any environmental documentation is to understand and analyze each project based on the environmental issues that are pertinent to a project.
Developing Project Descriptions and Context
We understand the importance of confirming the Project Description as early in the process as possible to ensure consistency between technical documents and avoid the need to redo analyses. CSG can assist City staff in determining the information required to proceed with the environmental review.
Conducting Preliminary Environmental Compliance Review
As part of scoping, we complete a comprehensive review of a project to determine whether it is exempt from environmental review or a candidate for streamlined review. We can prepare the required documentation to demonstrate why such activities would be exempt from CEQA in the form of a memoranda which explains why no possible exceptions exist which could preclude the use of a Categorical Exemption for a project.
Preparing Initial Studies
If it is determined that a project requires additional environmental review, CSG could then proceed with the preparation of an Initial Study pursuant to Appendix G of the CEQA Guidelines. The Initial Study provides a screening and threshold review for each topical area to confirm the appropriate CEQA clearance.
Preparing EIRs
Professional Consultant Services Page 12 of 17 Rev 5/25
When there is substantial evidence that a proposed project or action may result in potentially significant impacts on the environment, CSG possesses the technical capabilities and expertise to assist our agency clients in preparing an EIR.
Professional Consultant Services Page 13 of 17 Rev 5/25
EXHIBIT B
FEE RATES
Schedule of Charges
CSG Consultants’ fee schedule for proposed services is provided below. CSG will honor any existing service rates through the duration of the contract. Final fees are open to negotiation between the City and CSG.
PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE / HOURLY RATE Building Plan Review by Percentage
Full Building Plan Review by Percentage 65% of Agency’s Building Plan Check Fees
Structural Only Plan Review by Percentage 50% of Agency’s Building Plan Check Fees
Expedited Plan Review by Percentage 90% of Agency’s Building Plan Check Fees
Minimum Plan Review Fee Per Project (See
Exclusions)
$250
Building Plan Review Hourly Rates (Minimum 1 Hour Per Submittal) Building Plan Review $150
Building Grading Review $150
CASp Plan Review/Consultation $150
Expedited Plan Review (Hourly) 1.5 x Hourly Rate
Building Department Services
Permit Technician $110
Senior Permit Technician $115
Building Inspector $130
Combination Building Inspector $140
CASp Inspection $150
Building Department Special Projects $150
Administration/Plan Processing $80
Code Enforcement Services
Code Enforcement Officer I $115
Code Enforcement Officer II $140
Senior Code Enforcement Officer $170
Code Enforcement Supervisor $180
Code Enforcement Manager $215
Administrative Hearing Officer $190
Overtime Rate (in excess of 8 hours per day) 1.5 x Hourly Rate Arborist Services (HortScience/Bartlett Consulting)
Managing Consultants $250
Professional Consultant Services Page 14 of 17 Rev 5/25
Consultants $240
Arborist $200
Administrative Staff $80
PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE / HOURLY RATE Planning Services
Planning Technician $129
Assistant Planner $149
Associate Planner $171
Senior Planner $187
Planning Manager $230
Principal Planner $203
Planning Director $246
Principal-in-Charge $251
Assistant Environmental Planner $156
Associate Environmental Planner $149
Senior Environmental Planner $193
Environmental Planning Director $230
Geographical Information Systems (GIS) Technician $137
Geographical Information Systems (GIS) Analyst $149
Geographical Information Systems (GIS) Manager $198
Sustainability Programs Analyst $161
Sustainability Programs Manager $214
FEE SCHEDULE TERMS & CONDITIONS
Plan reviews based on a percentage of the agency’s plan check fees include the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate.
The minimum plan review fee per project for percentage-based reviews excludes solar, energy storage system (ESS), and electric vehicle charging station (EVCS) reviews. RFIs for large developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the agency.
Depending on project size and scope, CSG’s percentage-based expedited plan review rate may be adjusted if mutually agreed upon between the agency and CSG. All hourly rates include overhead costs including but not limited to salaries, benefits, workers’ compensation insurance, local travel, and miscellaneous office expenses. Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the agency prior to proceeding.
Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate;
Services provided on weekends/holidays will be billed at 2x the applicable hourly rate Hourly rates for publicly funded projects will be based on current prevailing wage rates.
Professional Consultant Services Page 15 of 17 Rev 5/25
On July 1st or the anniversary of the contract start date, CSG will initiate an hourly rate increase based on change in CPI for the applicable region.
CSG will mail/email an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30 days from receipt of invoice. This fee proposal is valid for a period of 90 days from date of submittal. If plans are not submitted electronically, CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service.
For hourly projects only, performance of plan review services utilizing the agency’s adopted plan review software to, for example, markup plans with corrections and redlines and/or coordinate with other internal agencies, may involve additional time being added to the plan review time at the associated plan review rate.
Administration/Plan Processing fees are incurred for specific additional services requested by the agency beyond the normally provided CSG administrative services which typically include coordinating the pick-up and return of plans; performing scanning, collating, and tracking; and providing plan review status updates to the agency. Cost for additional services will be negotiated based on the type of request with a minimum fee based on 0.5 hours of service per project. Building Department Special Projects may include developing and establishing the following: building department workflows and relationships with other internal agency departments, building permit code requirements, inspector and permit technician responsibilities, criteria for over-the-counter plan review and out-to-plan check projects, transmittals and routing processes, Building Department handouts for different project types; and may include other duties as assigned by the agency.
Professional Consultant Services Page 16 of 17 Rev 5/25
EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Professional Consultant Services Page 17 of 17 Rev 5/25
Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.