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HomeMy WebLinkAboutCSG Consultants, Inc. - 2021-06-18 2000 Main Street, Huntington Beach,CA Y City of Huntington Beach 92648 i /krROVED :3L � } y y, File #: 22-367 MEETING DATE: 5/17/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager VIA: Ursula Luna-Reynosa, Director of Community Development PREPARED BY: Celeste Coggins, Admin Analyst Subiect: Approve and authorize execution of Amendment No. 2 to Professional Service Contract between the City of Huntington Beach and CSG Consultants, Inc. for professional building inspection services Statement of Issue: Staff is requesting approval to amend an existing contract between the City of Huntington Beach and CSG Consultants, Inc. (CSG) for professional building inspection services. The amendment would help address a higher demand for inspection services related to major projects. As such, the amendment would increase the contract amount by $642,001 (from $99,999 to $742,000) and extend the term by two years, through June 17, 2024. Financial Impact: Amendment No. 2 will not require additional appropriation. Funds are available through the Community Development Department Fiscal professional services budget submittal/approval process using General Fund account 10060401.69365 across multiple fiscal years: FY 21/22 ($170,001), FY 22/23 ($360,000), FY 23/24 ($112,000). Revenue generated from associated permit fees will provide funding for these services. No funds will be expended, unless they are approved in the City's annual budget. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement Between the City of Huntington Beach and CSG Consultants, Inc. for Counter Service and Field Inspections of Construction Projects." Alternative Action(s): Do not authorize the amendment and direct staff accordingly. Analysis: City of Huntington Beach Page 1 of 2 Printed on 5/11/2022 234 powered by Legistarlm File #: 22-367 MEETING DATE: 5/17/2022 The contract with CSG is based on a one-year term set to expire on June 17, 2022. Additionally, the available budget has already been expended. In anticipation of the current contract expiring and given the increasing volume of development activity, staff recommends increasing the contract budget and extending the term. Revenue generated from associated permit fees will provide funding for these services. Following a competitive request for proposals, the City awarded the current contract to CSG for $65,000, primarily to fund an existing CSG inspector who was already contracted with the City. After the initial contract budget was exhausted, Amendment No. 1 was executed to increase funds from $65,000 to $99,999 and continue services. The proposed amendment would provide supplemental inspection services to meet demand that exceeds the capacity of the City's inspection staff resources. The proposed contract amendment amount is a not to exceed amount for an additional two-year term, with no guarantee of work. Funding for contract services would occur through City Council authorization in the budget approval process. Environmental Status: This request is exempt pursuant to Section 15061 (b)(3) of the California Environmental Quality Act. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Amendment No. 2 to Agreement between City of Huntington Beach and CSG Consultants, Inc., for Counter Service and Field Inspection of Construction Projects. 2. Amendment No. 1 to Agreement between City of Huntington Beach and CSG Consultants, Inc., for Counter Service and Field Inspection of Construction Projects. 3. Original Professional Services Contract between City of Huntington Beach and CSG Consultants, Inc., for Counter Service and Field Inspection of Construction Projects. 4. Insurance Certificate for CSG Consultants, Inc. 5. CSG's Huntington Beach Business License City of Huntington Beach Page 2 of 2 Printed on 5/11/2022 235 powered by Legistar— AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC. FOR COUNTER SERVICE AND FIELD INSPECTIONS OF CONSTRUCTION PROJECTS THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and CSG CONSULTANTS, INC., hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated June 18, 2021, entitled "Professional Services Contract Between the City of Huntington Beach and CSG Consultants, Inc. for Counter Service and Field Inspections of Construction Projects" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Six Hundred Forty Two Thousand One Dollars ($642,001.00). The additional sum shall be added to the original sum of Ninety Nine Thousand Nine Hundred Ninety Nine Dollars ($99,999.00), for a new contract amount not to exceed Seven Hundred Forty Two Thousand Dollars ($742,000.00). 22-11256/281323 1 2. TERM The term of the Agreement is extended for two additional years until July 17, 2024. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. CSG CONSULTANTS, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: California print name ITS: (circle one)Chairman/President/Vice President AND Mayor e441L, By: City Clerk 2- print name INITIATED AND APPROVED: ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Community Development APPROVED AS FORM: y orney COUNTERPART 22-11256/281323 2 2. TERM The term of the Agreement is extended for two additional years until July 17, 2024. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. CSG CONSULTANTS, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: California r S "' 6l"r print name ITS: (circle one)U, reside VicaT4e&ident Mayor AND By: �� City Cleric print name INITIATED AND APPROVED: ITS: (circle one) ecreta Chief Financial Officer/Asst. Secretai reasurer Director of Community Development APPROVED TO FORM: Cit A ttorneyy (� COUNTERPART 22-11256/281323 2 ' .• City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov fEB 17,1909 P' � Office of the City Clerk Robin Estanislau, City Clerk May 23, 2022 CSG Consultants, Inc. Attn: Cyrus Kianpour 550 Pilgrim Drive Foster City, CA 94404 Dear Mr. Kianpour: Enclosed is a fully executed copy of Amendment No. 2 to Agreement between the City of Huntington Beach and CSG Consultants, Inc. for Counter Service and Field Inspections of Construction Projects approved by City Council on May 17, 2022. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC. FOR COUNTER SERVICE AND FIELD INSPECTIONS OF CONSTRUCTION PROJECTS THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "City," and CSG CONSULTANTS, INC.,hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated June 18, 2021, entitled"Professional Services Contract Between the City of Huntington Beach and CSG Consultants, Inc. for Counter Service and Field Inspections of Construction Projects"which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Thirty Four Thousand Nine Hundred Ninety Nine Dollars ($34,999.00). The additional sum shall be added to the original sum of Sixty Five Thousand Dollars ($65,000.00), for a new contract amount not to exceed Ninety Nine Thousand Nine Hundred Ninety Nine Dollars ($99,999.00). 22-11020/276312 1 238 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 2022. CSG CONS T NTS, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: California C us K n int name ITS: (circle one) Presiden- . W4-P;esidont City Manager AND INITIATED AND APPROVED: By: our rn KhaCya print name Director of Community Development ITS: (circle one)Secretary/2ilief-Pnranciai- Officer/Asst. Secretary-Treasurer APPROVED AS TO FORM: City Attorney RECEIVE AND FILE: City Cleric COUNTERPART 22-11020/276312 2 239 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on Febr ( j`-4 #S , 2022. CSG CONSULTANTS, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: California print name OA ITS: (circle one)Chairman/President/Vice President AND Ci anager INITIATED AND APPROVED: By: � •�.}� print name Director of Community Development ITS: (circle one) Secretary/Chief Financial Officer/Asst.Secretary-Treasurer APPROV FORM: C' y Attorney RECEIVE AND FILE: City Clerk 3 /{Z COUNTERPART 22-11020/276312 2 240 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC. FOR COUNTER SERVICES AND FIELD INSPECTIONS OF CONSTRUCTION PROJECTS THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a CSG CONSULTANTS, INC., hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide counter services and field inspections of construction projects to ensure contractor/homeowner follow approved construction plans; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Cyrus Kianpour who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 21-9848/258549 05/19-204133 1 of 12 241 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM-, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on StOe i�021 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A"" shall be completed no later than one (1) year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Sixty Five Thousand Dollars ($65,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 21-9848/258549 05/19-204133 2 of 12 242 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 21-9848/258549 05/19-204133 3 of 12 243 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 21-9848/258549 05/19-204133 4 of 12 244 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification 21-9848/258549 05/19-204133 5 of 12 245 of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. 21-9848/258549 05/19-204133 6 of 12 246 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 21-9848/258549 05/19-204133 7 of 12 247 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code, 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach CSG Consultants, Inc. ATTN: Ursula Luna-Reynosa ATTN: Cyrus Kianpour 2000 Main Street 550 Pilgrim Drive Huntington Beach, CA 92648 Foster City, CA 94404 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 21-9848/258549 05/19-204133 8 of 12 248 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement 21-9848/258549 05/19-204133 9 of 12 249 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 21-9848/258549 05/19-204133 10 of 12 250 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 21-9848/258549 05/19-204133 11 of 12 251 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, CSG CONSULTANTS, INC. a municipal corporation of the State of C is print name Manage ITS: (circle one)Chairman/President/Vice President INITIATED AD VED: AND Director of Community evelopment By: APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. U, A' :�- Secretary—Treasurer ,City Attorney Date RECEIVE AND FILE: 444ou City Clerk f Datef7 COUNTERPART 21-9848/258549 05/19-204133 12 of 12 252 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, CSG CONSULTANTS, INC. a municipal corporation of the State of California '4 L' By: V LA.� dayl Y)our City Manager int name ITS: (circle one)Chairniantresiden P ice President INITIATED AND APPROVED: AND Director of Community Development By: 9� APPROVED AS TO FORM: print name ITS: (circle of cretary/Chief Financial Officer/Asst. Secretary reasurer t.9ity Attorney Date RECEIVE AND FILE: City Clerk Date COUNTERPART 21-9848n58549 05/19-204133 12 of 12 253 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Perform counter services and field inspections of construction projects to ensure that the contractor and homeowner properly follow the approved construction plans and standards in accordance with the adopted building codes. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CSG Consultants, Inc. are to maintain daily inspection reports and all necessary documents on file and available to the City. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. City shall provide the workplace for all employees in strict compliance with applicable health and working standards and specifications. 2. City shall comply with all safety engineering and governmental health and safety rules,regulations, directives,orders or similar requirements. 3. City shall take all actions necessary to establish and implement an injury and illness prevention program as required by the Occupational Injury Program Act. 4. City shall post or provide employee notices as required by law. S. City shall notify CSG immediately of all employee illnesses, accidents, injuries and absences. D. WORK PROGRAM/PROJECT SCHEDULE: NIA EXHIBIT A 254 EXHIBIT "B" Payment Schedule(Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See Attached Exhibit B B. Travel. Charges for time during travel are not reimbursable C. Billin 1. All billing shall be done monthl in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement;and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 255 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 256 EXHIBIT B CSG PROPOSALTO THE CITY OF HUNTINGTON BEACH INSPECTION SERVICES Fee Proposal REVIEW TYPE ROLE ALL i Certified Building Inspector I $75 Certified Building Inspector II $85 Certified Building Inspector III $95 Overtime&Expedited Hourly Rates 1.5 x Hourly Rate All hourly rates include overhead costs including, but not limited to,salaries, benefits,Workers Compensation Insurance,travel and office expenses.Should the scope of work change,or circumstances develop which necessitate special handling,CSG will notify the City prior to proceeding.CSG will mail an invoice at the beginning of every month for services rendered during the previous month. On each anniversary of the contract start date,CSG will initiate a rate increase based on change in CPI for the applicable region. I For percentage-based plan check fees,CSG will not charge for rechecks unless the plans are incomplete or revised for which the City would collect additional fees from the applicant.Additional services outside the main scope of review would be charged at an hourly rate as agreed upon by the City. 14 257 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices......................................................................................... 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................11 258 AU CSGCONS-01 KCROSS ACC7►R[7" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYYI 3/18/2021 THIS CERTIFICATE 15 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER c CT Melissa Hill Alilant Insurance Services,Inc. PHONE AX 676 Market St Ste 3600 AIc No Ext:(416)946-7600 AIC,NO)! San Francisco,CA 94105 E' Molissa.Hill@alllant.com i SURE S AFFORDING COVERAGE NAIC 0 INSURER A•Travelers Property Casualty Company of America 26674 INSURED INSURER B:Travelers Indemnity Company of America 26666 CSG Consultants,Inc.,Precision Inspection INSURERC:Arch Insurance Company 11160 Company,Inc. 560 Pilgrim Drive INSURERD: Foster City,CA 94404 INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: 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. NONNTHSTANDING 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 AOD SUER POLICY NUMBER POLICY EFF POL1CMMIDDf EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE Q OCCUR 660-5R143841-TIL-20 1214/2020 1214/2021 DAMASETORENTED $ 11000,000 MEo FXP(Any one tso 10,000 _ ERSONAL&ADV INJURY1,000,000 GE 'LAGGRE,GATELIMITAPPLIES PER: GE ERALAGG EGATE S 2.000,000 POLICY 1 A I yp&- LOC ODUC S-CO IOP GG 2,000,000 OTHER: S COMBI EO A AUTOMOBILE l1A131LITY APPROVED AS ST AeraenkSINGLE L IMIT 1,000,000 ANY AUTO 810.5R143576-20.4 Q4§20 1214/2021 BODILY INJURY er Person) NLYSCHEDULED BODILY INJURY Per acckenlpyOEDO � P AMAGEAU8 09SOd ppWWpp MICHAEL 9, 0 9� X 6nAulos Comp/Coll Ded. 2,000 B X UM13RELLALIAB X OCCUR CITY OF HUNTINOTCN BEACH EACHOCCURRENCE S 1,000,000 EXCESSLIAb CLAIMS-MADE ZUP-61N34906.20-NF 1214/2020 12/4/2021 AGGREGATE 11000,000 DED I I RETENTION$ S A WORKERS COMPENSATION X PE TUTEOTH- ANDEMPLOYERS'LIABILITY UB-6 G E.L.EACH ACCIDENT R147167-20-43• 12/4/2020 12/4/2021 1,000,000 ANY PROPRIETOR)PARTNERIFXECUTNE YIN (��.1%E pi MM EXCLUDED? �N NIA 11000,000 tM t TY Id Nn! E.L.DISEASE-EA EMPLOYE Uy' E.L.DISEASE-POLICY LIMIT describe 1,000,000 DESCRIPTION OF OPERATIONS below C Professional Llab. PAAEP0008806 121412020 1214/2021 Each Claim $6,000,040 Aggregate $5,000,000 Deductible $10,000 DESCRIPTION OF OPERA71ONSI LOCATIONS VEHICLES(ACORO 101,Additional Remarks Schedule,maybe afiached If more space is required re: All operations of the Named Insured. Certholder In full: City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers. 30 Day Notice of cancellation on Professional per attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach ACCORDAN E WITH THE POLICY PROPIRATION DATE VISIONS. WILL BE DELIVERED IN 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 26(2016103) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are2Wistered marks of ACORD Bid names from RFP for Inspection Services(Review Completed: 6/3/2021) • 4 Leaf Annealta Group • BPG (Builders Protection Group) 0 Gateway Science and Engineering • Interwest Consulting Group • Kee Engineering • CSG TRB • True North VCA Code • WC3 (West Coast Code Consultants) 260 i CSGCONS-01 MHIL ACORL7" CERTIFICATE OF LIABILITY INSURANCE DAT3120D1YYYYJ 3/ �---�' alalzozz 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 pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER o JACT Melissa Hill Alllant Insurance Services,Inc. 1�NE FAX 676 Market St Ste 3600 _M o EkI: A+c,No): San Francisco,CA 9410E .Melissa.Hlll@alliant.com I SURER SAFFORDING COVERAGE NAIC N SURERA:Travelers Property Casualty Company of America 26674 INSURED INsU Erte•Arch Insurance Company 11150 CSG Consultants INSURER C: 650 Pilgrim Or INSURER0: Foster City,CA 94404 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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. I SR TYPE OF INSURANCE ADDL SU R POLICY NUMBER IMMOILD1013=11 P0+12,Y EXP LIMITS A X I COMMERCIAL GENERALLIABILITY CHOCCURRENCE 1,000,000 CLAIMS-MADE OOCCUR X P-660.6R143841-TIL-21 12/412021 12/4/2022 DAMAGETORENTED e s 1,000,000 PRE ISES(Ea occurre M D EXP(Any one is 10,000 PERSONAL&ADV 1 JURY 1,0001000 flE T.AGGRE ELIMITAPPLIESPER; GENERAL AGGREGATE 210001000 POLICY L X JJa- 0 LOG PRODUCTS-COMPIOPAGG 2,000,000 O ER: S A AUTOMOBILE LIABILITY COM8INEOIlitoSINGLE LIMIT $ 1,000,000 ,EaIxANY AUTO 810-6R143676-21-43-G 1214/2021 12/412022 BODILY INJURY Par ereon SOWNED gCHE0 LEDA%V� SONLY ALITTpBODILY INJURY Per accidentAUTOOS ONLY AUTO OE F�O�E�nl AMAGEff?OwnadAutos Comp/Coll Dad. 2,000 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 6 6/0000000 EXCESSLIAB CLAIMS-MADE CUP-7S964134-21-NF 1214/2021 121412022 AGGREGATE 6,000,000 DELI I X I RETENTIONS 10,000 A W0eKERSCOMPENSATtON X PE O H• ANDPEMPLOYERS'RIETOtPART ERITrY UB-6R147167-21.43-G 12/4/2021 12/4/2022 1,000,000 ANY pPROPRIMETeO�EtRUEXCLU R/FJCECUTNE (y/N� E.L.EACH ACCIDENT (Nienda ory9n NH) CWOT 1 - , NIA 1,000,000 E.L.DISEASE-Fit EMPLOYE if ye�s desdbelmder 1,000,000 DESCRIPTION OFOPERATIONS bolo v E.L.DISEASE-POLICY LIMIT B Professional Liab' PAAEP0008806 12/412021 121412022 Agg.$6,000,000 Red, -101000 B Reto Date:1/111991 PAAEP0008806 12/4/2021 121412022 Occurrence: 6,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 1a1 Additional Rommks Sohedulo,may be attached If more space Is required) Re: All operations of the Named insured. Certholder in roll: City of Huntington Beach,its offiCAROMarse t ( fflclals,employees,agents and volunteers. 30 Day Notice of Cancellation on Professional per attached. BY:^_ ~— hiICHA9'L E�G�AS CITY ATTORNEY CITY or HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 139 CANCELLED BEFORE THE EXPIRATION DATE THEREOF, City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONSCE WILL BE DELIVERED IN 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 26(2016103) @ 1988.2016 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD i 261 City of Huntington Beach Business License P.O. Box 190 (714) 536-5267 FAX(714) 536-5934 Huntington Beach, CA 92648-2702 Dahle Bulosan Chief Financial Officer C S G CONSULTANTS INC 550 PILGRAM DRIVE FOSTER CITY, CA 94404 Dear Business Owner: Thank you for your payment. Attached is your City of Huntington Beach Business License certificate. Please note that approximately one month prior to the license expiration date,you will be mailed a renewal notice for the upcoming year. If for any reason your renewal notice does not arrive,you are still responsible for renewing and paying your business license prior to the expiration date. Penalties will be incurred if the payment is not received by the expiration date. Please post the business license in public view. If you do not transact business from a fixed location within the City,you must carry this license with you at all times. If a vehicle license plate number is displayed on the Business License certificate below,you must carry a copy of the certificate in that vehicle. Please contact the Business License office if there are any changes to:ownership, address, business name, business vehicle, or type of business conducted.Additionally, please notify our office if you discontinue your business. The Gender Tax Repeal Act of 1995(Act)prohibits a business from discriminating based on a person's gender for prices of similar or like-kind goods and services. However,the Act does not prohibit price differences based on the amount of time,difficulty,or cost of providing the services. In addition to prohibiting discrimination based on a person's gender,the Act requires certain businesses to clearly and conspicuously disclose to customers in writing the pricing for each standard service provided.The posting requirement applies to barbers and hair salons,tailors or businesses providing aftermarket clothing alterations,dry cleaners, and laundries providing services to individuals.To access the Department of Consumer Affairs publication, please use the following webpage: https://www.barbercosmo.ca.gov/consumers/gender_policy.pdf. To access the publication in Korean, Spanish,Vietnamese, Traditional Chinese, Simplified Chinese, or Tagalog, please use the following webpage: https://www.dca.ca.gov/publications/index.shtmi There are many resources available to our business owners. Listed below are a few that might be of interest and assistance to you. Office of Business Development-(714)536-5582 Service Corps of Retired Executives-(714)550-7369 Huntington Beach Chamber of Commerce-(714)536-8888 Fictitious Business Name Information-(714)834-2889 CA Department of Tax and Fee Administration-(949)440-3473 Community Development-(714)536-5271 If you have any questions, please call a Business License representative at (714) 536-5267. City of Huntington Beach Business License License Number Business Name/Service Address POST IN PUBLIC VIEW A239806 C S G CONSULTANTS INC Effective Date i 06/01/2021 Owner/Corporation Expiration Date C S G CONSULTANTS INC 05/31/2022 License Type ..,, ,os Amount Paid PROFESSIONAL SERVICES $105.50 THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON-TRANSFERABLE. RENEWA IS DUE ON OR BEFORE THE EXPIRATION DATE. AMENDMENT NO. I TO AGREEMENT BETWEEN TI IE CITY OF I-IUNTINGTON BEACH AND CSG CONSULTANTS, INC. FOR COUNTER SERVICE AND FIELD INSPECTIONS OF CONSTRUCTION PROJECTS THIS AMENDNIENT is made and entered into by and between the CITY OF I[UNTINGTON BEACH, a California municipal corporation. hereinafter referred to as "City." and CSG CONSULTANTS, INC., hereinafter referred to as "Consultant." WHF.,REAS, City and Consultant are parties to that certain agreement, dated June M 2021. entitled "Professional Services Contract Between the City of Huntington Beach and CSG Consultants. Inc. for Counter Service and Field Inspections of Construction Projects' which agreement shall hereinafter be referred to as the "Original Agreement": and Citv and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant. NOW, TI-II RL'FORL it is agreed by City and Consultant as follows: I . ADDITIONAL CONIPENSATION In consideration of the services to be performed under the Original Agreement. City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Thirty Four Thousand Nine Hundred Ninety Nine Dollars (534,999.00). The additional sum shall be added to the original sum of Sixty Five Thousand Dollars (565.000.00), for a new contract amount not to exceed Ninety Nine Thousand Nine Hundred Ninety Nine Dollars (599,999.00). 22-1 1020/2763 12 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on �b/ct.� , 2022. CSG CONS T NTS, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: California s Kjan1huv int name ITS: (circle one) PresidentA4icaF4asidant- City Manager AND INITIATED AND APPROVED: B : our in ayaffi print name Director of Community Development ITS: (circle one)secretary/fiat Officer/Asst. Secretary-Treasurer APPROVED AS TO FORM: City Attorney Xw RECEIVE AND FILE: City Clerk COUNTERPART 22-11020/276312 2 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on #5 , 2022. 1-11 CSG CONSULTANTS, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: California print name ITS: (circle one)Chairman/PresidentNice President Cit anager AND INITIATED ANP APPROVED: By: n print name Director of Community Development ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer APPROV F C' y Attorney RECEIVE AND FILE: 4q4ost" City Clerk COUNTERPART 22-11020/276312 2 .�� CSGCONS-01 WILL ACORO' RD CERTIFICATE OF LIABILITY INSURANCE eA,31312022 YI 31312 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 BYTHEPOLICIES 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 cor0llcale holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or he 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 confor rights to the certificate holder In Ran of such endorsomont(s). PRODUCER Hx . TAP,CT Melissa Hill Alllant Insurance Services,Inc. PHONE FAX 576 Markel St Ste 3600 jAlc No,E,I: Nq: San Francisco,CA 94105 E' Molissa.Hlll@alllant.com _ INSUNERISI AFFORDINQ COVERAGE NAIC0 _ INSURER A:Travelers Property Casually Company of America 25674 INSURED NSUSERe:Arch Insurance Comp any 11150 CSG Consultants INSURER C: 550 Pilgrim Dr INSURER n: Fostor City,CA 94404 LV RF,R G: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AUOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER IMUMF.NT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECTTOALLI'HETERMS, EXCLUSIONS AND CONDI'I IONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSN TYPE OF INSURANCE 1111 SLeeWYD POLICY NUMRP.R POLICY EFF POLKIYEXP wwoolyyyyl LIMITS A x COMMERCIAL GENERAL DAMIJTY EACH OCCURRENCE 5 1,000,000 (:UIN3 MADE LI OCCUR X P-660-5R143B41-TIL-21 12/4/2021 12/4/2022 UAAV\GET L PREMISES wLT¢r,4a1 11000,000 MEDEXP one eon 10,000 PERSONAL B AM INJURY y 11000,000 GENLAGGREGA ELMTJ PUESPER: GENERAL AGGREGATE $ 2,000,000 POLICYLX1P J LOG PROOU:IS.CCMPKA'A . I 2,000,000 OMER: A AUTOMOBILELIAMLITY !COMEENNEDDSiNGLF.UMIT 5 1.000,000 (Ea 0"MINXIt- x ANY AUTO _ 810-5R143576-21-43-G 12MI2021 12/4t2022 IaOgLY IN RY(Pcrp_J_ 9 OWM[D SCHEDULED _ AIDRI�O�S ONLY _ AUpTTyO;.(S�yyAyaF pp �PUGO LLYIITNJIUpRAY JEW Qr wtj AUTOS ONLY _ AUTOSOal? [W,r nmMen11 MAGf: 5 X 8„PPy D'R04�' Comp/Coll Dad. S 2,000 A x UMBRELLA LIAR X OCCUR I EACH OCCURRENCE_ _4_- 5,000,000 CLAIMS LIA6 CMS NAM CUP-7S954134-21-NF 12/4/2021 112/412022 5,000,000 __ Af,GREGAIF, 5 UEU I x I RETENTgNS 10,000 A WORKERS COMPENSATION PF.R Oi14 AND EMPLOYERS'LIABILITY YIN r .fiTATIll' _-Eft_ AWPROFNIEr0WAHINEN CLHrvE UB-SR147157-21.43-G 12/4/2021 12/412022 El.FACHACCIDFNr $ 1,000,000 FF OC6 A'.[M EXCLUDED? Y NIA (Nmaaory In�fl 1,000,000 BL.NSIiA6li-EA ELIN.OYtF_$ u '�1 aaecrlW 1e'4" 1,000.000 0 3 IPI OF i' HATO.VS Nbw DI EAS°-P LI YUYJI B Professional Llah. PAAEP0008806 121412021 I214/2022 Agg.$5,000,000 Dad. 10,000 B Reto Data:1/4/1991 PAAEPODOB806 'I2/412021 1214/2022 Occurrence: 5,000,000 DESCRIP70M OF OPERATIONS r LOCATION5 r VEHICLES IACORD 101,AOdhlonM Ibnut4F Soh"Wo,may EF&tUCNd ll aW ro opCF Is ugWt041 Re: All operations of the Named Insured. Cortholder In full: City of Huntington Beach,Its offlc¢t,q, {1aQ WtEr5J r Iflclals,employees,a ents and volunteers. 30 Day Notice of Cancellation on Professional par attached. 9 HWF�O6tU�'� 0 By: H M(CHAFE E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityOf Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE %%qLL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Mahn Street Huntington Beach,CA 92648 AUTHOWLED REPRESENTATIVE I J Q' - ACORD 25(2016103) 49 1 988-201 5 ACORD CORPORATION. All rights resorved. The ACORD name and logo are registered marks of ACORD PROFESSIONAL SERVICES CON-TRACT BETWEEN THE CITY OF HUNTINGTON 13EAC1-I AND CSG CONSULTANTS. INC. FOR COUNTER SERVICES AND FIELD INSPECTIONS OF CONSTRUCTION PROJECTS THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington 13each, a municipal corporation of the State of California. hereinafter referred to as "CITY." and , a CSG CONSULTANTS. INC.. hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide counter services and field inspections of construction projects to ensure contractor/homeowner follow approved construction plans: and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with: and CONSULTANT has been selected to perform these services, NOW. THEREFORE. it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Gzhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT.,, CONSULTANT- hereby designates Cyrus Kianpour who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 21-vx.axn_.x>.iv 05/19-204133 1 of 12 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT to are to commence on Jµ„o- , 2021 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall he completed no later than one (1) year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Sixty Five Thousand Dollars ($65,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 21-9848258549 05/19.204133 2 of 12 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. ME-1-1-I0D OF PAYN DENT CONSULTANT shall be paid pursuant to the terms of'Exhibit "B." 7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code. language, data or programs, maps, memoranda. letters and other documents, shall belong to CITY. and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees tit. 8. 1-I0I_D HARNILESS A. CONSULTANT hereby agrees to protect. defend, indenmify and hold harmless CITY. its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation. costs and Ices of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, il' any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with ally of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of' CONSULTANT's counsel. This indemnity shall 21-9348Q58549 05/19-204133 J Of 12 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8. then the following Hold Harmless provision applies in place of subsection A above: -CONSULTANT hereby agrees to protect. defend, indemnify and hold harmless CITY and its officers. elected or appointed officials, employees, agents and volunteers. from and against any, and all claims, damages, losses, expenses. demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONS ULTANT's proportionate percentage of fault. However. notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business. CONSULTANT shall meet and conter with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A\ or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 2I-9848458549 05/19 204133 4 of 12 9. PROFESSIONAL LIABILITY INSURANCE. CONSULTANT shall obtain and furnish to CITY it professional liability insurance police covering the work performed by it hereunder. This policy shall provide coverage for CONS ULTANT's professional liability in an amount not less than One Million Dollars (SI.000.000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY: however an insurance police "deductible" of Ten Thousand Dollars (SIO.000.00) or less is permitted. A claims-made policy shall be acceptable if the police further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to tenure claims. CONSULTANT will make every effort to maintain similar insurance durine the required extended period of coverage following PROJLCf completion. If insurance is terminated for any reason. CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification 21.98481258549 05119-204133 5 of 12 of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE prior to commencing performance of the work hereunder. CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement: the certificate shall: A. provide the name and policy number of each carrier and policy: 13. state that the policy is currently in force: and C. shall promise that such policy shall not be suspended, voided or canceled by either party. reduced in coverage or in limits except after thirty (30) days' prior written notice: however. ten (10) days' prior written notice in the event of cancellation for nonpayment of' premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shalt not derogate from CONSULTANT's defense. hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timeiv manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. 21 984925s539 05/19-204133 6 of 12 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, i1 any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSUL fANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report. and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CffY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTSMATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 21-9848058549 05119-204133 7 of 12 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices. certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinaboye) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service. to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City oI'll Untington Beach CSG Consultants, Inc. ATTN: Ursula Luna-Reynosa AT1N: Cyrus Kianpour 2000 Main Street 550 Pilgrim Drive Huntington Beach. CA 92648 Foster Citv. CA 94404 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consenUapproyal to any subsequent occurrence of the same or any other transaction or event. 21.9848rz58549 05n9204133 8 of 12 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings. and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret. define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT 'fhe language of all parts of this Agreement shall in all cases be construed as a whole. according to its fair meaning, and not strictly for or against any of the parties. If- any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void. illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is anv conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement 21-9S48258549 05/19-204133 9 of 12 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each ol'which so executed shall, irrespective of the date of its execution and delivery. be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. Ii\•1iMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21 LEGAL, SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of' services contemplated hereunder. CONSUL;TANT understands that pursuant to Hnnlirigton Bench C'itY Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. A I'ORNEY'S PEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorneys fees, such that the prevailing party shall not be entitled to recover its attorney's tees from the nonprevailing party. 21-9s+8n_58549 05/19-204133 10 of 12 25. SURVIVAL -terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of' the terms of this Agreement, and shall indeninifv CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatury or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement Freely and Voluntarily following extensive arm's length negotiation. and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise; have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, Warranty. fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 21-9848rz58549 05/19-204133 11 of 12 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, CSG CONSULTANTS, INC. a municipal corporation of the State of C is By 4 L. print namedtf Manage) - ITS: (circle one/Chairman/Presideni/Vice President INITIATED A P VED: AND Director of Community evelopment By: APPROVED AS TO1 FORM: print a ITS: (circle one) Secretary/Chief Financial Officer/Asst. w l/J r /1 ' Secretary—Treasurer City Attorney Date RECEIVE AND FILL. City Clerk Date COUNTERPART 21.9808125W9 05/19.204133 12 of 12 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, CSG CONSULTANTS, INC. a municipal corporation of the State of California '4 L' By: City Manager ifint name ITS: (circle one)Chai residen ice President INITIATED AND APPROVED: AND Director of Community Development By: � APPROVED AS TO FORM: IC 1i oA n�o n ce• , print name ITS: (circle one, - rotary/Chief Financial OtTicer Asst. Uw s Sectary «acurcr ,City Attorney Date RECEIVE AND FILE: City Clerk Date COUNTERPART 21-9818/258539 0919-204133 1 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Perform counter services and field inspections of construction projects to ensure that the contractor and homeowner properly follow the approved construction plans and standards in accordance with the adopted building codes. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CSG Consultants. Inc. are to maintain daily inspection reports and all necessary documents on file and available to the Citv. C. CITY'S DUTIES AND RESPONSIBILITIES: I. City shall provide the workplace for all employees in strict compliance with applicable health and working standards and specifications. 2. City shall comply with all safety engineering and governmental health and sarety rules, regulations, directives, orders or similar requirements. I City shall take all actions necessary to establish and implement an injurN and illness Prevention program as required by the Occupational Injury Program Act. 4. City shall post or provide employee notices as required by law. 5. City shall notify CSG immediately of all employee illnesses, accidents, injuries and absences. D. WORK PROGRAM/PROJECT SCHEDULE: N/A EXI-11BIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See Attached Exhibit B B. Travel. Charges for time during travel are not reimbursable C. Billinti: I. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the lime that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters. reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement: B) Describe the services performed; C) Show the total amount of the payment due: D) Include a certification by a principal member of CONSULTANf's firm that the work has been performed in accordance with the provisions of this Agreement and I3) I-or all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice. in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. 11 CITY does not approve an invoice. CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. I Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of' the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work- performed is in accordance with the extra work or additional services requested. and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance ofthe remainder of this Agreement. 2 Exhibit B EXHIBIT B CSG PROPOSAL TO THE CITY OF HUNTINGTON BEACH INSPECTION SERVICES Fee Proposal M© REVIEW TYPE ROLE ALL INCLUSIVE FEE/HOURLY RATE Certified Building Inspector 1 $75 Certified Building Inspector II $85 Certified Building Inspector III $95 Overtime & Expedited Hourly Rates 1.5 x Hourly Rate All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. On each anniversary of the contract start date, CSG will initiate a rate increase based on change in CPI for the applicable region. For percentage-based plan check fees, CSG will not charge for rechecks unless the plans are incomplete or revised for which the City would collect additional fees from the applicant. Additional services outside the main scope of review would be charged at an hourly rate as agreed upon by the City. 14 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scopeol"Services.....................................................................................................I CityStaff Assistance................................................................................................2 3 Ierm: Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of"Pavment................................................................................................... 7 Disposition of Plans. Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liabilitv Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation..............................................._.....................................6 14 Copyrights/Patents...................................................................................................7 15 Cite Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................9 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attornev's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 I ntiretv......................................................................................................................10 29 Effective Date................................................................................. I I AU CSGCONS-01 KCRO ACO/eO" CERTIFICATE OF LIABILITY INSURANCE DAT1181 Y, allar2021ozl 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(los)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the forms 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 ondorsomonl(s). PRODUCER PACT Melissa Hill Alllant Insurance Services,Inc. aC NNa,Eet):(415)946-7600 FAX No 676 Market St Ste 3600 San Francisco,CA 94105 Ed''n' :Melissa.Hill@alllailt.com INSURERS)AFFORDING COVERAGE NAICA INSURER A:Travelers Property Casualty Company of America 26674 INSURED INSURER B:Travelers Indemnity Company of America 26666 CSG Consultants,Inc.,Precision Inspection INSURER e:Arch Insurance Compatiy �11150 Company,Inc. 550 Pilgrim Drive INSURER D: Foster City,CA 94404 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO WE 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 IIEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR ADO SUER POLICY EFF POLICY EXP LIELI TYPE OF INSURANCE POLICY NUMOEH OdMNDL[YYT) LIMRS A COMMERCIAL GENERAL LIABILITY 1,000,00 J_ f-ACM�O,�CC�URRENLE $ CIAIrdsMAlNi OCCUR 660-5R143841-TIL-20 1214/2020 1214/2021 -PH aEliISES_(Ea N�itl[LYFA1-3 1,000,000 MEDEXP A, �pbraoD $ 10,000 s A a DV a 1.000,000 GENLARE ATELIMITAPPLIESPER: GENERAL AGGRECv1TE $ 2,000,000 _ POLICYLx]'Pr& I--] LOC FRODIICTS-COMPA�P AGO tom_ 2,000.000 _IC.G_OTHER-_ A AUTOMOBILE LIABILITY APPROVED AST IS COMBINIFUSINGLIELlbar 1.000,000 F�F}(h' WILay.WHI) X ANY AUTO 810-SR143576-20 1 I4 20 12/41202M1 BODILY INJURY Par orcon S OWNED SCIIEOL1 F.O �� AUTOS ONLY AUTOS BODILY IrNJURY(Paautlmll $ Lamar e��CfeA $ X gpOl"NL.v n, a rife MCCrY EL ATT�� ES Comp/Coll Ded. $ 2,000 P gored Aube 13 X UMBRELLA LIAB I X OCCUR CITY OF HUNTINOTON BEACH EACHOCCURRENCE s 1,000,000 (_ EXCESS LIAB CU SI.wIE ZUP-61N34906-20-NF 12/412020 12/412021 AccaeGATE ; 1,000,000 DELI REIEMION$ A WORKERS COMPENSATION )( PER OTI!- AND EMPLOYERS'LIABILITY YIN —.STATUTE _.GR_ UB-5R147157-20-43G 12/412020 1214I2021 1,000,000 ANY CPRRO�PMPCIETpO�RgIPAftiNERAv%ECUTIVFi Fy_FACH ACCIpENf _$ (MFenlalo In NN EXCLUDCO] N NIA ^/ ) li.l.[LSFASF.-PAF:A:ROYF:f S 1.000,000 Ilyyoe.deeCAA undo, 1 gpg ggg OESCRIPTION OF OPERATIONS bebx E.L.DISEASE-POLICY LIMIT S C Professional Llab. PAAEP0008805 121412020 121412021 Each Claim $5,000,000 Aggregate $5,000,000 Deductible $10,000 DESCRIPTION OF OPERATIONS I LOCATIONSI VEHICLES (ACORD TaI,AdeltloeTal Remarks SebedNa,maybe aHaefwd if men quulenWbed1 To: All operations of the Named Insured. Cortholder In full: City of Huntington Beal,Its officers,elected or appointed officials,employees,agents and volunteers. 30 Day Notice of Cancellation on Professional par attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN B ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Boach,CA 92648 AUTHORIZED RE PRF.SF.N TATWE �p Q, ACORD 25(2016103) ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Bid names from RFP for Inspection Services (Review Completed: 6/3/2021) • 4 Leaf • Annealta Group • BPG (Builders Protection Group) • Gateway Science and Engineering • Interwest Consulting Group • kee Engineering • CSG • TRB • True North • VCA Code • WC3 (West Coast Code Consultants)