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Att 3 - Professional Services Agreement - Interwest Consulting Group, Inc.

San Mateo City Council
April 20, 2026

Document
Att 3 - Professional Services Agreement - Interwest Consulting Group, Inc.
Meeting
April 20, 2026
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San Mateo City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on sanmateo.primegov.com. That file is the official record.

Professional Consultant Services Page 1 of 16
Rev 5/25

AGREEMENT WITH INTERWEST CONSULTING GROUP, 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 INTERWEST CONSULTING GROUP, INC., a wholly owned subsidiary of SAFEbuilt, LLC (“CONSULTANT”), whose address 444 N Cleveland Ave, Loveland, CO 80537.

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.

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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.

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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.

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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.

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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: Eric Pendley
Vice President of Operations
Interwest Consulting Group, INC.
444 N. Cleveland Ave.

Loveland, CO. 80537

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.

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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]
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Rev 5/25
IN WITNESS WHEREOF, CITY OF SAN MATEO and INTERWEST CONSULTING GROUP, INC have executed this Agreement the day and year first above written.

CITY OF SAN MATEO

CONSULTANT

Zachary Dahl
Community Development Director

Date Erice Pendley
Vice President of Operations
Interwest Consulting Group, a
SAFEbuilt Company

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

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Rev 5/25

EXHIBIT A

SCOPE OF SERVICES

Building Plan Review Services
Interwest will provide comprehensive technical review of submitted construction documents to ensure compliance with the latest adopted California Building Standards Code and local municipal code requirements.
− Review of architectural, structural, mechanical, electrical, plumbing, energy calculations, and accessibility regulations for compliance with adopted codes. − Acceptance and performance of plan reviews in both traditional paper format and through electronic submittal platforms.
− Performance of reviews using certified and/or licensed professionals and customized technical checklists to ensure consistency.
− Address substantial issues by providing detailed correction notices and comments in writing to the design professional(s).
− Review of all revisions, deferred submittals, and specialty services, remaining available for consultation after the review is completed.
− Return of a finalized set of "Approved" plans and all supporting documentation to the Municipality.
− Adherence to strict turnaround times: 10 business days for single-family/small commercial and 20 business days for large commercial projects.

Fire Code Plan Review Services
Interwest will provide specialized fire and life-safety reviews to ensure protection of the built environment and compliance with the latest adopted California Fire Code and local municipal code requirements.
− Provide technical review for fire suppression systems, including automatic sprinklers, standpipes, and fire pumps.
− Evaluation of fire alarm and detection systems, fire access requirements, and hazardous materials (HazMat) storage.
− Review plans for compliance with adopted fire codes, applicable local fire amendments, and municipal fire ordinances.
− Coordinate all plan review activities with applicable municipal departments, including local fire districts and authorities.
− Participation in pre-submittal meetings to assist developers and applicants with complex fire- code compliance strategies.
− Meet or exceed all agreed-upon fire plan review performance metrics and turnaround times.

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Building Inspection Services
Interwest will provide field inspection services to verify that construction matches the approved plans and meets all life-safety and structural requirements to ensure compliance with the latest adopted California Building Standards Code and local municipal code requirements. − Performance of all required code compliance inspections (foundation, plumbing, electrical, mechanical, framing, path of travel, etc.) to determine that construction complies with approved plans.
− Utilization of an "educational, informative approach" to improve the customer’s experience and assist contractors in achieving voluntary compliance.
− Response to all inspection requests received from the Municipality prior to 2:00 pm by the next business day.
− Provision of on-site inspection consultations to citizens and contractors to resolve field issues in real-time.
− Promptly returning calls and emails from permit holders regarding specific code and inspection concerns.
− Identification and formal documentation of any areas of non-compliance, leaving a physical or electronic copy of results with site personnel.
− Implementation of Remote Virtual Inspections (RVI) to increase departmental efficiency for minor or specialty inspections.

Fire Inspection Services
Interwest will conduct specialized fire-safety inspections for new construction and tenant improvements to ensure active and passive fire systems are operational to ensure compliance with the latest adopted California Fire Code and local municipal code requirements. − Witnessing and documenting hydrostatic pressure tests on fire sprinkler systems and functional testing of fire alarm notification devices.
− Verification of fire-rated assemblies, including fire walls, smoke barriers, and fire-caulking of all penetrations.
− Inspection of emergency egress paths, including exit lighting, signage, and the proper placement of fire extinguishers.
− Coordination with local fire districts to ensure a unified "Fire Final" sign-off before the issuance of a Certificate of Occupancy.
− Conduct final "life-safety" walk-throughs to verify that all fire protection features, such as fire doors and dampers, function as designed.

Permit Technician Services
Interwest will provide the administrative "front counter" support necessary to manage the lifecycle of a permit application and ensure data integrity.
− Managing the intake of applications and plans, performing "completeness checks" to ensure submittals are ready for technical review.
− Calculation of permit and plan check fees in accordance with the Municipality’s Master Fee Schedule.
− Coordination of the internal routing process between Building, Planning, Fire, and Public Works departments to eliminate "workflow gaps".
− Serving as the primary point of contact for the public, providing communication regarding the status of pending applications.
− Maintenance of the City’s permit tracking software and administrative records to ensure a defensible and transparent audit trail.

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− Remote Permit Technician support is available as needed.

Building and Construction Code Enforcement Services
Interwest will provide proactive and reactive code enforcement services to protect public health, safety, and welfare by ensuring compliance with the latest adopted California Building Standards Code and local municipal code requirements.
− Investigation of reported violations related to unpermitted construction, substandard housing, and dangerous buildings.
− Utilization of a "compliance-first" philosophy to encourage property owners to resolve violations through education and clear communication.
− Conducting site inspections to document existing conditions and issuing Notices of Violation or Stop Work Orders when necessary.
− Coordination with Building, Planning, and Fire departments to ensure that corrective actions meet all technical and safety standards.
− Preparation of detailed case files and evidence for administrative hearings or legal proceedings to ensure a defensible and transparent enforcement process. − Monitoring of open cases through final resolution, including the verification of required permits and successful completion of follow-up inspections. − Provision of regular status reports to the Municipality to track enforcement trends and ensure timely closure of active cases.

Arborist
− Perform tree-protection in place inspections on private properties. − Perform inspections on private properties with regards to approved tree plantings and landscape layouts.
− Perform inspections related to heritage tree removal applications (Dead or Dangerous). − Interact with applicants, as needed.
− Tree protection plan reviews, as needed.
− Provide 3rd party Arboriculture opinions, upon request. − Other duties assigned by City management.

Panning and Environmental Services
− Review entitlement application materials for completeness. − Perform CEQA review and determine if the project is categorically exempt. − Process various types of land use entitlement applications as needed through the City’s review process and prepare recommendations for action by City staff, Planning Commission and / or City Council.
− Coordinate interdepartmental discretionary review of entitlement applications. − Review applications and proposed projects and prepare documents as needed for compliance with the California Environmental Quality Act (CEQA).
− Attend meetings of the City Council, Planning Commission, City staff, public officials, community leaders, developers, contractors and the general public as directed. − Complete Planning reviews of building permits and tract maps, if requested. − Conduct inspections for approved planning projects and monitor and evaluate implementation of conditions of approval, as needed.
− Other planning-related duties as assigned by the Planning Director, or their designee.

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Time of Performance

− Consultant will perform Services during normal business hours excluding Municipal holidays. − Services will be performed on an as-requested basis during mutually agreed upon hours. − Inspectors will be dispatched on an as-requested basis. − Inspectors will be dispatched daily or as-requested.
− Consultant representative(s) will be on-site when requested by City. − Consultant representative(s) will be available by phone and email. − Consultant representative(s) will meet with the public by appointment.

Deliverables
INSPECTION SERVICES − RVI inspections can be scheduled for the following business day when requests are received before 12:00 pm the day prior.
− For in-person field inspections, we require 72-hour notice, and a 4- hour minimum.

PLAN REVIEW

TURNAROUND TIMES
Provide comments within the following timeframes:

Day 1 = first full business day after receipt of plans and all supporting documents
Project Type:
− Single-family within
− Multi-family within
− Small commercial
within (under $2M
in valuation)
− Large commercial
within
First Comments
10 business days
10 business days
10 business days

20 business days
Second Comments
5 business days or less
5 business days or less
5 business days or less

5 business days or less

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EXHIBIT B

FEE RATES

Building Plan Review Services
Hourly Reviews
For the building department plan review services as identified in this proposal, Interwest proposes plan review services on an hourly basis (per submittal) using the rates in the Schedule of Hourly Billing Rates outlined on the following page.

The minimum Plan Review fee for any proposed project shall be 1.5 hours.

Restamp reviews of a project will be provided for a $150 fee. Restamp includes review of project documents due to corrections from other city departments after Building has already been approved/completed review.

Code Consultation
Interwest Consulting Group will, at the Client’s request, assist with code interpretations, alternate materials, design and construction methods, equipment reviews, flood hazard determinations, code modifications, research reports, peer reviews, and related services for any project with a current plan review or permit number, working collaboratively with city staff on unique or specific code items.

These services will be provided at no additional cost under full-service contracts that include a building official; otherwise, they will be billed at the preferred hourly rate of the assigned staff.

For projects or services without a current plan review or permit number including, but not limited to, reinspection’s after final, code enforcement support, plan change code review, and preliminary or discretionary reviews, etc., charges will apply at the standard hourly rate of the Interwest staff performing the service. These services will be provided at no additional cost under full-service contracts that include a building official.

Hourly Rate Schedule
Classification Hourly Billing Rate Building Safety Services
Certified Building Official………………………………………………………………………………… 170 Deputy Building Official………………………………………………………………………………… 160 Senior Plans Examiner………………………………………………………………………………… 150 ICC Building Plans Examiner………………………………………………………………………………… 130 Licensed Plan Review Engineer (structural, civil, electrical, mechanical) / Architect 165 Supervising Structural Engineer………………………………………………………………………………… 210 Senior Structural Engineer………………………………………………………………………………… 195 Structural Engineer…………………………………………………………………………………165
Inspector of Record (IOR) ………………………………………………………………………………… 160 CASp………………………………………………………………………………… 145
Senior Inspector……………………………………………………………………………..140
Inspector III (includes RVI) ………………………………………………………………………………… 130 Inspector II (includes RVI) ………………………………………………………………………………… 120 Inspector I (includes RVI) ………………………………………………………………………………… 105 Permit Technician III………………………………………………………………………………… 100 Permit Technician II………………………………………………………………………………… 95
Permit Technician I………………………………………………………………………………… 85
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Trainee (Inspector) ………………………………………………………………………………… 85
Trainee (Admin, Tech) ………………………………………………………………………………… 75 Arborist………………………………………………………………………………… 175

Planning Services
Community Development Director………………………………………………………………………………… 245 Project Manager ………………………………………………………………………………… 220
Planning Manager ………………………………………………………………………………… 220
Principal Planner........................................................................................... 200 Senior Planner ..............................................................................................185 Associate Planner................................................................................................155 Assistant Planner………………………………………………………………………………… 130
Planning Technician………………………………………………………………………………… 105

Environmental Services
CEQA/NEPA Project Manager ………………………………………………………………………………… 235 CEQA/NEPA Principal Planner ………………………………………………………………………………… 225 CEQA/NEPA Senior Planner………………………………………………………………………………… 200 CEQA/NEPA Associate Planner………………………………………………………………………………… 170 CEQA/NEPA Assistant Planner………………………………………………………………………………… 145 CEQA/NEPA Planning Tech………………………………………………………………………………… 120

Additional Items
Expedited plan reviews – Expedited reviews will be provided at a rate of 150% of the fees stated and will be completed in one-half the timeframes proposed for non-expedited plan reviews. Expedited plan reviews should be requested prior to the initial submittal and will apply to each review cycle up to completion. Any agreed upon turnaround time less than the timeframes stated below for any project will be considered expedited and will be billed at 150% of the stated fee for such project.

Work Outside Standard Hours - Services provided in excess of 8 hours per day, outside regular business hours, nights, weekends and holidays will be invoiced at 150% of the above standard rates.

CPI Increase - Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”). Such increase shall never exceed 4%. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

Other Charges – Other project-specific costs, such as rentals, expendable or special supplies, special project insurance, permits and licenses, shipping, subsistence, tolls and parking, outside copying/printing, etc., will be charged at cost plus 15%. Meals, lodging, and travel expenses, when pre- approved by the city, will be charged at cost or at standard per diem rates, as applicable.

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Sub Consultants – If subconsultants are needed to produce work for CEQA, NEPA or other planning work a 10% management fee will be added to the subconsultants invoice.

Client will be responsible for any applicable taxes in addition to the fees due for Services.

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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.

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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.

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