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17-100 CSG Consultants, Inc.; On Call Plan Review Services
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CSG CONSULTING, INC FOR ON CALL PLAN REVIEW SERVICES THIS AGREEMENT, is entered into this Twenty-Second day of June , 201 7 , by and between the CITY OF CUPERTINO, a California municipal corporation ("City"), and CSG Consultants, Inc, a California corporation whose address is 550 Pilgrim Driv e , Foster City, CA 94404 (hereinafter refen-ed to as "Consultant") ( collectively refen-ed to as the "Parties "). RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to can-y on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained , experienced and competent to perfonn the special services which will be required by this Agreement. C. Consultant possesses the ski ll , experience, ability, background , certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for on call plan review services upon the terms and co nditions herein. NOW , THEREFORE, the Parties mutually agree as follows: 1. TERM The term of this Agreement shall commence on July 1, 2017, and shall terminate on June 30, 2018, unless terminated earlier as set fo1ih herein . 2. SERVICES TO BE PERFORMED Consultant shall perform each and every service set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to th is Agreement in a total amount not to exceed Forty-Five Thousand dollars ($45,000.00) based on the rates and terms set forth in Exhibit "C," which is attached hereto and incorporated herein by this reference. In order to request payment, Consultant shall submit monthly electronic invoices to CDDinvoices@cupe1tino .org describing the services performed and the applicable charges (including a summary of work performed during that period, personnel who performed the services, hours worked, task(s) for which work was performed). 4. TIME IS OF THE ESSENCE Consultant and City agree that time is of the essence regarding the p erformance of this Agreement. 5. STANDARD OF CARE Consultant agrees to perform all services required by this Agreement in a manner commensurate with the prevailing standards of like profes sionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and ex perienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES City and Consultant intend that the relationship between them created by this Agreement is that of independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute , rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees , including but not limited to , unemployment insurance, workers' compensation plans , vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes , FICA payments , PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items , ifrequired , are the responsibility of Consultant. 7. IMMIGRATION REFORM AND CONTROL ACT {IRCA) Consultant assumes any and all responsibility for verifying th e identity and employment authorization of all of his /her employees performing work hereunder, pursuant to all applicable IRCA or other federal , or state rules and regulations. C onsultant shall indemnify and hold City harmless from and against any loss , damage , li ability, costs or expenses arising from an y noncompliance of this provision by Consultant. 8 . NON-DISCRIMINATION Consistent with City's policy prohibiting harassment and discrimination , Consultant agrees that it shall not harass or discriminate against a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race , religious creed, color, national origin , ancestry, handicap, disability, marital status , pregnancy, sex, age, sexual orientation, or any other protected class. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9 . HOLD HARMLESS IZl Standard Indemnification: Consultant shall , to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to insurance, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers , officials, agents, emp loyees and volunteers from and against any and all liability, claims, actions , causes of action or demands whatsoever against any of them, including any injury to or death of an y person or damage to property or other liability of any nature, whether physical , emotional , consequential or otherwise, arising out, pertaining to, or related to the negligent performance of this Agreement by Consultant or Consultant's emp lo yees , officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys ' fees of counsel of City 's choice, expert fees and all other costs and fees of litigation. The acceptance of the Services by City shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. !Zl Design Professional Indemnification: A . Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services , and to the extent the Consultant breaches or fails to meet such estab li shed standard of care, or is alleged to have breached or fai led to meet such standard of care, Consultant shall , to the fullest extent allowed by law , with respect to all services performed in connection with the Agreement, indemnify, defend , and hold harmless the City and its officers , officials , agents , employees and volunteers from and against any and all liability , claims , actions , causes of action or demands whatsoever against any of them , including any injury to or death of any person or damage to property or other liability of any nature , that arise out of, pertain to , or relate to the negligence, recklessness , or willful misconduct of Consultant or Consultant's employees , officers , officials , agents or independent contractors. Such costs and expenses shall include reasonable attorneys ' fees of counsel of City 's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liab ility . Consultant shall , to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend , and hold harmless the City and its officers , officials , agents , employees and volunteers against any and all liability, claims , actions , causes of action or demands whatsoever from and against any of them , including any injury to or death of an y person or damage to property or other liability of an y nature , that arise out of, pertain to , or relate to the negligence, recklessness , or willful misconduct of Consultant or Consultant's employees , officers , officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys ' fees of counsel of City 's choice , expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Indemnification under this section for damage to property or other liability of any nature shall include damage caused by 1. Consultant's unauthorized use or dissemination of confidential info1mation , 11. Consultant's unauthorized access to or use of City or third person 's computer hardware and networks , and 111. Consu ltant's introduction of a computer virus , malware or other unauthorized programs to the City or third person 's computer hardware , network, or other computer-related property and the data , software , and programs thereon , or failure to reasonably protect against such actions. C . Claims involving intellectual property. In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend , and hold the City, its elected and appointed officers , employees , and volunteers , harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pe1tains to , or relates to Consultant 's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys ' fees of counsel of City 's choice , expe1t fees and all other costs and fees of litigation. 10. INSURANCE: A. General Requirements. On or before the commencement of the tetm of this Agreement, Consultant sha ll furnish City with cetiificates showing the type , amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "D ". Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupetiino by certified mail, Attention: City Manager." Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of Ca lifornia. Endorsements naming the City as additional in sured shall be submitted with the insurance certificates . B. Subrogation Waiver. Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. Fa ilure to secure or maintain insurance. If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance , City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. Additional Insured. City, its City Council, boards and commissions, officers , employees and volunteers shall be named as an additional insured under all insurance coverages , except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured wou ld be entitled under this policy if not named as such additional insured. An additional insured named herein sha ll not be held liable for any premium , deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E . Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. F. Maximum Coverage and Limits. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the additional insured City. Fmihermore, the requirements for coverage and limits shall be the minimum coverage and limits specified in this Agreement, or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured , whichever is greater. 11. CONFLICT OF INTEREST Consultant warrants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the performance of this Agreement, and that it will not employ any person having such an interest. Consultant agrees to advise City immediately if any conflict arises and understands that it may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2 , Division 6, Section 18700 of the California Code of Regulations. 12. PROHIBITION AGAiNST TRANSFERS Consultant shall not assign , sublease, hypothecate, or transfer this Agreement, or any interest therein , directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void , and any assignee, sub lessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale , assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of an y general partner or joint venturer or syndicate member or cotenant, if Consultant is a paitnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the votin g power of the corporation. 13. SUBCONTRACTOR APPROVAL Unless prior written consent from City is obtained , only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general , automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition , any work or services subcontracted hereunder shall be subject to each provision of this Agreement. Consultant agrees to include with all subcontractors in their s ub contract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor further agrees to include these same provisions with · any sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the subcontractor upon request. Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to City. 14. PERMITS AND LICENSES Consultant, at his /her sole expense , shall obtain and maintain during the term of this Agreement, all appropriate permits, ce1iificates and licenses including, but not limited to , a City Business License , that may be required in connection with the performance of services hereunder. Consultant may apply for a Cupertino Business License o nlin e . If the Consultant's sole business contact within Cupertino is the sale of goods or services to the City itself, the Consultant may apply for an exempti o n from the business license tax. 15. MINIMUMWAGE Given that the Consultant is subject to the City 's business license requirements , the Consultant is also subject to the Cupertino Minimum Wage Ordinance (1 6-2 15 1 ). 16. REPORTS A. Each and every repo1i , draft, work product, map , record and other document, hereinafter collectively referred to as "Report", reproduced , prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City . Consultant shall not copyright any Repo1i required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any repo1i furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others ; (3) Subsequent additions to the original project; and/or (4) Other City projects as City deems appropriate. C. Consultant shall , at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Repo1is required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original , which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consu ltant without prior approval by City. 17 . RECORDS Consultant shall maintain complete and accurate records with respect to sales, costs , expenses, receipts and other such information required by City that relate to the performance of services under this Agreement, in sufficient detail to permit an evaluation of services . All such records shall be maintained in accordance with generall y accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times , and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data , documents , proceedings and activities related to this Agreement. Such records , together with supporting documents , shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after Consultant receives final payment from City for all services required under this agreement. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls , or other breach of contract or failure to act in good faith , then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 18. NONAPPROPRIATION This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code and Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term , condition, or provision of this Agreement. 19. ENVIRONMENTALLY PREFERABLE PURCHASING Consultant shall comply with the City 's Environmentally Preferable Procurement Policy whenever practicable in completing any work under this agreement, including but not limited to: • Using paper products made with recycled content and recycled /remanufactured toner and inkjet cartridges; • Printing with soy or low volatile organic compounds (VOC) inks ; • Using energy-star compliant equipment; • Using cleansers and working with janitorial contractors to meet Green Seal 's Industrial and Institutional Cleaners Standard; and • Ordering supplies electronically and practicing other internal waste reduction and reuse protocols . 20. NOTICES All notices, demands , requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail , postage prepaid, registered or certified, addressed as hereinafter provided . All notices , demands, requests , or approvals shall be addressed as follows: TO CITY: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Sean Hatch TO CONSULT ANT: Michael Loomis CSG Consultants, Inc 550 Pilgrim Drive Foster City , CA 94404 21. TERMINATION In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If Consultant fails to cure the default within the time specified and according to the requirements set forth in City 's written notice of default, and in addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Consultant written notice thereof, which shall be effective immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Consultant as provided herein. Upon receipt of any notice of termination , Consultant shall immediately discontinue performance. City shall pay Consultant for services satisfactorily performed up to the effective date of termination. If the termination if for cause , City may deduct from such payment the amount of actual damage, if any, sustained by City due to Consultant's failure to perform its material obligations under this Agreement. Upon termination , Consultant shall immediately deliver to the City an y and all copies of studies, sketches , drawings , computations , and other material or products, whether or not completed, prepared by Consultant or given to Consultant, 111 connection with this Agreement. Such materials shall become the prope1t y of City. 22. COMPLIANCE Consultant shall comply with all state or federal laws and all ordinances, rules , policies and regulations enacted or issued by City. 23. CONFLICT OF LAW This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the patties are subject to all valid laws , orders , rules, and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the Superior Court of the County of Santa Clara, State of California. 24 . ADVERTISEMENT Consultant shall not post, exhibit, display or allow to be posted , exhibited , displayed any signs , advertising, show bills , lithographs , posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 25. WAIVER A waiver by City of any breach of any term , covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term , covenant, or condition contained herein , whether of the same or a different character. 26 . INTEGRATED CONTRACT This Agreement represents the full and compl ete understandin g of every kind or nature whatsoever between the Parties , and all preliminary negotiations and a greements of whatsoever kind or nature are merg ed herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 27 . AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 28. INSERTED PROVISIONS Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein , and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted , the Agreement shall be amended to make such insertion on app lication by either party. 29 . CAPTIONS AND TERMS The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. MUNICIPAL CORPORATION City of Cupertino ~~le ~ ~lC JAL Date 1 t2/l 3 D Over $175 ,000 -Council ApproV: Req uired D Over $45 ,000-Department Head Approva l Required l8l Up to $45 ,000 -Designated Supervisor Approva l Required APPROVED AS TO F.ORM: ~ ~ City Attorney Exhibits: IZl Exhibit "A "-Scope of Services D Exhibit "B "-Schedule of Performance IZl Exhibit "C "-Compensation IZl Exhibit "D "-Insurance Requirements and Proof oflnsurance EXPENDITURE DISTRIBUTION PO #201i -12-; Account: 100-73-714 701-701 Amount: Total: $45,000.00 $45,000.00 Transmittal Letter June 8, 2017 Ariel Maria Lattan zi City of Cupertino Community Development 10300 Torre Avenue Cupertino, CA 95014 RE: Proposal for Plan Review Services for the 2017-2018 Fiscal Year CSG Consultants, Inc. (CSG) is pleased to present its proposal for plan review services the City of Cupertino (City). We understand the City is seeking a consulting firm(s) to provide as -needed building plan review services for the 2017-2018 Fiscal Year when demand exceeds City staff's capacity . CSG can readily provide the requested services. CSG is proposing for an on-call contract amount of $45,000 for the 2017 -2018 Fiscal Year. Our firm brings speciali zed ex pertise, proximity, highly ex perienced personnel, and an existing successful working relationship with the City. All CSG staff are registered , ICC certified , with add itional qualifications including LEED, DSA , and CASp ex per ience and cert ification . Our corpo r ate office is in Foster City and our local offi ce is in San Jose ; we can be available for meetings at City offices when requested . Michael Loomis, SE, CBO, CASp, LEED AP , will se rve as the p r imary contact and project manager for this contract . His contact information is as follows : Michael Loomis, SE, CBO, CASp, LEED AP, Project Manager phone (650) 522 -2518 J cell (650) 696 -0654 m ichaelloomis@csgengr.com A scope of work and CSG's proposed fees are prov ided on the following pages. Please feel free to contact Mr. Loomis with any questions or comments you may have regarding our proposal or if you require additional information regarding CSG 's capab i lities and qualifications. We look forward to the opportunity to continue to provide plan review services to the City of Cupertino . Sincerely, I ~ Doug Rider, CBO Bu ilding Divisi on Manager, CSG Consultants, Inc. 55 0 Pi lgrim Drive, Fos t er Ci t y, CA 94404 Ph o ne (650 ) 522-25 00 I Fax (65 0) 522-2599 I www.csge ngr.co m ~ CSG CONSULTANTS ,, Scope of Services APPROACH TO WORK CITY OF CUPERTINO PLAN REVIEW SERVICES CSG's proposed team has been identified to best support the City of Cupertino and will deliver the highest level of service through its application of technical expertise, knowledge of municipal processes and procedures, efficient and effective customer care, and application of code compliance combined with innovative solutions and helpful alternatives . Our extensive experience in furnishing comprehensive building and fire life safety services to jurisdictions provides a consistent, strong technical foundation to all projects. From cutting edge digital plan review and on line plan check status reporting to providing faster-than-scheduled turnaround times, CSG will deliver the highest quality services to the City. Our approach to work and associated key benefits include: J Concentrated focus on cost-saving approaches and methods. Because we serve many municipalities and agencies, we are constantly improving and adapting to provide our clients with the most cost-effective services . We share a wealth of recommendations from our varied experience with other communities to help keep our clients ' budgets on-track. J Customized, responsive services. We are skilled at assessing time commitments, developing an accurate work plan and applying dedicated, professional personnel. We can quickly fine-tune staffing levels to match or adjust to changes in plan review, inspection and front counter activity-always maintaining the highest level of customer service . We hand pick staff uniquely qualified and ex perienced to deliver the exact services requested. J Fully committed and qualified personnel. We maintain staff fully licensed and certified at the highest level of industry standards . To keep our personnel on the industry's cutting edge, many serve as popular educational instructors and lecturers as well as sit on leading boards and committees for organizations developing and implementing important code regulations. We also keep up with latest in procedures and use of products, e.g., green building, accessibility, CASp certification requirements, NPDES, MRP , and more. J Swift turnarounds and expedited services. With extensive experience in the digital plan review process, our staff excels at providing prompt turnarounds. We easily match and more often beat any required turnaround deadlines. , Leading-edge technology with cost-saving solutions. CSG delivers a suite of digital options for jurisdictions-speedy digital plan reviews including electronic versions of plan comments, an optional, easy-to-use online web application/portal for submittal, tracking and approval of digital plans; and available full scanning and archival services. J Environmentally friendly practices. Our corporate policy on sustainability supports a healthy environment, reduces our carbon footprint, and promotes environmental stewardship through environmentally preferable purchasing and other sustainability actions. Our digital plan review system encourages the bypass of paper use, and all possible documents at CSG are printed double-sided on recycled , post-consumer content paper. BUILDING PLAN REVIEW Compliance Standards CITY OF C UPERTINO PLAN REVIE W SERV ICES Our team of professionals is ready to assi st in all aspects of plan review and to focus on the special needs and requirements of each of our clients . We pledge prompt turnaround times and offer comprehensive on line status reports . Our plan reviewers carefully review all documents for compliance with building codes, fire codes, energy conservation standards , State accessibility regulations , and all local ordinances. We understand and will comply with the City's own requirements for plan review services. Our engineers and plan reviewers review plans for compliance with all policy and model codes adopted by the State of California and local jurisdiction, including but not limited to: J California Building Code, Volumes 1 and 2 J California Residential Code J California Electrical Code J California Plumbing Code J California Mechanical Code J California Fire Code as amended and adopted by the State of California (Title- 24, Part 9 California Fire Code} J National Fire Codes as publis hed by the National Fire Protection Association (NFPA}; as adopted and referenced by the State of California (California Code of Regulations, Title-19, Section 1.09} J State Historical Building Code J California Energy Code J California Green Building Code J NPDES/WQMP/SWPPP Compliance J Local adopted ordinances and amendments relative to building, fire and municipal codes, including proje ct Conditions of Approval from other agency departments, divisions, regulating agencies, and jurisdictions CASp Review Services We understand California Building Departments are required to have CASp certified staff in place and available for technical questions and interpretations. Our CASp certified staff members are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities . In accordance with current regulations , CSG can supply a CASp certified professional to review plans for accessibility and to facilitate compliance with regulations . OSHPD 3 Reviews Our staff of professional engineers and certified plans examiners is experienced with the differences between CBC and OSHPD 3 facilities and have successfully completed OSHPD 3 plan reviews for multiple client agencies. CSG can also provide certified OSHPD Inspectors of Record for a variety of different projects upon request. Green Building and LEED Certification Our Building Division staff is experienced in plan review and inspection for compliance with CALGreen, LEED equivalency, and local green building ordinances. In addition, CSG Consultants has all of the qualifications necessary to assist the City in both the development of policy and the implementation of CITY OF CUPERTINO PL AN RE VIEW SER VICES green and sustainable building practices . CSG 's Sustainability Programs division can assist, for example , with construction and demolition debris recycling programs as well as public outreach to the building industry. Digital Plan Check CSG began the transition to digital plan review over 17 years ago, leading the consultant field with this ground-breaking service. All paper plans submitted to CSG are immediately scanned into digital files and stored on CS G's servers for quick and easy access by both our clients and our plan reviewers. Our plan reviewers furnish electronic versions of their plan comments conforming to each client's established correction list templates. Any additional forms utilized by the City for alternative methods of construction and/or deviations from requirements, such as disabled access , will be incorporated into the correction comments and returned with the appropriate recommendations . Plan check comments can be delivered electronically by email or other City approved means, enabling City staff to immediately modify CSG's checklist for incorporation with other department comments. Upon request, clients can be provided with a set of digitally scanned plans at no cost, including convenient, "green" (paperless) storage of all construction-related documents. In addition, for jurisdictions requesting a pure digital plan review workflow, CSG has developed an on line web application for an applicant to submit digital files directly to us , which includes an on line portal for the applicant/jurisdiction to retrieve comments and submitted digital files with marked up plans including redlines. This online portal tracks all submittals , including re-submittals until the plans have been approved. Key features of our digital plan review service include: J Efficiency. Plans are pushed to plan review staff the same day they are submitted. There is no "bin time." J Simplicity. CSG developed its own web-based portal to manage the electronic file submittal process. By using a web interface, the applicant is no longer faced with size restrictions on email attachments or required to learn complex FTP settings. J Proven. We have provided a digital plan review option to our clients for over 12 years . J Non-Proprietary. CSG's electronic review process is 100% PDF-based with no additional software required to view red lines. J Extensible. Should the City decide to implement electronic review as a standard, CSG offers an integration path for our electronic review software-Green Vue Fusion. Online Plan Check Status CSG offers a convenient service allowing clients to check plan review status and comments on line. By logging in to our Plan Check Status website, staff as well as authorized applicants can view each project document and communicate with the plan checker via e-mail or electronic post-a-note. Staff or authorized applicants can download comments from the web upon completion of the plan check. There is no additional cost for this service. Plans Pickup and Delivery Welcome to CSG Online Plan Check Website CSG Plan Check Login CSGLOQ11ID: Password: - CSG will arrange for pickup and delivery of plans from/to City offices. The pickup and delivery of plans and other materials via CSG staff or an approved alternative service is provided at no additional cost . Plan Check Turnaround Times CITY OF C UPER T INO P LAN R EVI EW S ERVICES CSG works hard to provide the best quality and most timely service in the industry. We pride ourselves in maintaining the requested plan review times for all our clients-even delivering faster than our own deadlines. Our goal is to approve code-complying projects and to successfully and quickly move work through jurisdictional processes. CSG will ensure that all building and safety duties and follow-up actions will be performed in a timely and responsive manner. The following are CSG's proposed plan check turnaround times. TYPE OF REVIEW I INITIAL REVIEW I RE-CHECK (BUSINESS DAYS) (BUSINESS DAYS) Residential New Construction 10 5 Residential Additions 10 5 Small Residential Remodels I 10 5 Non-Residential/ Commercial New Construction * 10 5 Commercial Additions I 10 5 Small Commercial Remodels/ Tenant Improvements 10 5 Large/Complex Commercial Projects * I 10 5 *Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround timing, CSG will notify the City's representative and negotiate additional time required to ensure an appropriate level of review. Expedited Plan Check CSG completes initial accelerated plan check within 5 working days. Rechecks are completed in less time. At your request , we can perform plan check services within an accelerated time frame; with fees negotiated between the City, and CSG. Quality Assurance/ Quality Control CSG's in-house quality assurance/quality control program utilizes a peer review process with multi-level internal plan checking and project management. A senior staff member will review all plan check comments in order to ensure relevance and accuracy. AVAILABILITY AND CUSTOMER SERVICE One of CSG's key functions is to serve as an extension of the City of Cupertino. We clearly understand the importance of our role in the success of the City and commit to providing its citizens and business partners-residents, architects , engineers, developers, contractors-as well as City staff, the highest level of service. We believe effective communication and excellent customer service are essential to continuing a successful working relationship between the City , CSG, and the development community. Office Hours and Meeting Availability CSG staff plan checkers are available for applicant inquiries or conferences anytime during regular business hours without charge via telephone, 8:00 AM to 5:00 PM, Monday through Friday. CSG inspectors can be ready to provide services with 24 hours notice. We can easily alter our hours to meet the City's needs. Evenings and weekends for special events and meetings can be accommodated with 48 hours notice . For your convenience , we can also meet with City staff, architects and applicants. We recognize the value of pre-design consultation with prospective applicants and are available to provide this service as well. Our Project Manager/Lead will be available in person for consultation and meetings with a reasonable lead time. Response to City Questions or Requests CITY OF CU PERTINO PLAN REVIEW SER VICES CSG staff can typically re spond to the City for all questions or requests generated duri ng field inspections or any plan review during the same day, but no later than the following day a request is received. Emergency Response CSG is well qualified to respond to a local or regional emergency . Many of our personnel, have assisted in emergencies such as the recent San Bruno ga s explosion , the North ridge , and Loma Prieta earthquake as well as regional floods , fires and other emergenc ies. Our personnel's certifications include those obtained through FEMA , Office of Emergency Services (OES), and IACET First Responder. Fee Schedule CITY OF CUPERTINO PLAN REVIEW SERVICES CSG's cost schedule for proposed work is provided in the table below. CSG will coordinate the pickup and return of all plans to CSG via staff or a licensed courier service. This service is provided at no additional cost. CSG is proposing for an on-call contract amount of $45 ,000 for the 2017-2018 Fiscal Year . Plan review based on a percentage of the City's plan check fee includes initial plan review and one subsequent review. Additional reviews, revisions, and deferred submittals will be charged at the appropriate hourly rate indicated below, with a 2 hour minimum. ROLE/ SERVICE PERCENTAGE-BASED FEE/ HOURLY RATE Complete Plan Review 65% of City's Building Plan Check Fees Expedited Plan Review 95% of City's Building Plan Check Fees Plan Review $125 Structural Plan Review/ Structural Engineer $150 Structural Plan Review/ Professional Engineer $125 CASp Consultation/Review $135 Overtime (Hourly) 1.5 x Hourly Rate All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Should the scope of work change or circumstances develop which necessitate special handling, we will notify the City prior to proceeding. Annual adjustments may be made by mutual agreement based upon current CPI. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. Exhibit C Compensation City shall compensate Consultant for professional services in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below. Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount set forth below. The compensation to be paid to Consultant under this Agreement for all services described in Exhibit "A " and reimbursable expenses shall not exceed a total of Click here to enter dollar amount in words. dollars ($Click here to enter dollar amount in numerals .), as set forth below . Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the City. Task First submittal and I additional submittal Subsequent Submittals Invoices Rate 65% of Cupertino Plan Review Fee $125 per hour IZI Monthly Invoicing: In order to request payment, Consultant shall submit monthly invoices to the . CITY describing the services performed and the applicable charges (including a summary of work performed during that period , personnel who performed the services , hours worked , task(s) for which work was performed). Consultant shall include the "Outside Agency Plan Checking Fees " cover sheet which authorizes the plan check. Reimbursable Expenses Administrative, overhead, secretarial time or ove1iime, word processing, photocopying, in house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. Travel expenses must be authorized in advance and shall only be reimbursed to the extent consistent with City travel policy. Additional Services Consultant shall provide additional services outside of the services identified in Exhibit A only by advance written authorization from the City 's Project Manager prior to commencement of any additional services. Consultant shall submit, at the Project Manager's request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. Exhibit D Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured. Consultant shall maintain the following minimum insurance coverage: A. COVERAGE: (1) (2) Workers' Compensation: Statutory coverage as required by the State of California. Liability: Commercial general liability coverage in the following minimum limits : Bodily Injury: $500 ,000 each occurrence $1 ,000 ,000 aggregate -all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted , combined single limit policy with aggregate limits in the amounts of $1 ,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury : $500,000 each occurrence Property Damage: $100 ,000 each occurrence or Combined Single Limit: $500 ,000 each occurrence (4) Professional Liability Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DD /YYYY) ~ 12/2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT : If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 riahts to the certificate holder in lieu of such endorsementlsl. PRODUCER CONTACT NAME : Arthur J. Gallagher & Co . ~.~~Nt.Tn c -•'· 415-536-8617 I rt~ .,_,. 415-536-8627 Insurance Brokers of CA, Inc. LIC #0726293 E-MAIL 1255 Battery Street, Suite 450 Anncccc , San Francisco CA 94111 INSURER/Sl AFFORDING COVERAGE NAIC # INSURER A ,American Fire and Casualty Comoanv 24066 INSURED CSGCONS-01 INSURER s : Ohio Casualty Insu rance Comoanv 24074 CSG Consultants , Inc., Precision Inspection INSURER c ,Cypress Insurance Company (CA) 10855 550 Pilgrim Drive INSURER D ,Arch Insurance Company 11150 Foster City, CA 94404 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER· 1007001088 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR c, POLIC Y EFF POLICY EXP LTR TYPE OF INSURANCE IN SD WVD POLICY NUMBER IMM/DD/YYYY\ IMM/DD/YYYY\ LIMITS B X COMMERCIAL GENERAL LIABILITY y BK01757695795 12 /4/20 16 12/4/2017 EACH OCCURRENCE $1,000,000 -~ CLAIMS-MAD E ~ OCCUR DAMAGE TO RENTED -PREMISES (Ea occurrence) $500 ,000 -MED EXP (Any one person) $5 ,000 PERSONAL & ADV IN JURY -$1,000 ,0 00 GEN'L AGGREGATE LI MIT APPLIE S PER : GENERAL AGGREGAT E $2,000,000 Fl DPRO-[ZJ LOC PRODUCTS -COM P/OP AGG $2,000 ,000 PO LI CY JECT OT HER : $ A AUTOMOBILE LIABILITY y BAA 1757695795 12/4/2016 12/4/2017 /Ea acciden 'ttNGLE LIMIT $1 ,000,000 - X ANY AUTO BODILY INJURY (Pe r person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJUR Y (Per accident) $ -HIRED -NON-O WN ED PROPERTY DAMAG E AUTOS ONLY AUTOS ON LY (Per accident) $ --$ A X UMBRELLA LIAS M OCCUR US A 1757695795 12/4/2016 12/4/2017 EACH OCCURRENCE $5,000,000 -EXCESS LIAS CLAIMS -MADE AGGREGATE $5,000,000 OED I I RETENTION$ $ C WORKERS COMPENSATION y CSWC715232 12/4/20 16 12 /4/20 17 I PER I I OTH- AND EMPLOYERS ' LIABILITY X STATUTE ER YIN ANY PROPRIETOR/PART NE R/EXECUTI VE G N/A E.L. EACH ACC IDEN T $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000 ,0 00 If yes, des cribe under DESCRIPTION OF OPERATI ONS below E.L. DISEASE -POLICY LIMIT $1,000,000 D Profe ss ional Liability PAA EP0008801 12/4/20 16 12/4/20 17 Each Claim $5 ,000,000 retro date: 1/1/1991 Aggregate $5 ,000 ,000 Deductib le : $50,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Rem ark s Schedule , may be attached if more sp ace is requ ired) City, its City Council , boards and commissions, officers, employees a nd volunteers are named as additional insured as respects General , Auto , and Umbrella Liability policy(ies) per attached endorsements, pursuant to and subject to the policy's terms , definitions, conditions and e x clusions. Waiver of Subrogation applies to additional insureds, as respects General , Auto Liability policy(s) per attached endorsements, pursuant to and subject to the policy's terms , definitions , conditions and e xclusions . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of C upertino THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 10300 Torre Ave . ACCORDANCE WITH THE POLICY PROVISIONS. C upe rtino CA 95014 USA AUTHORIZED REPRESENTATIVE I ~,.b © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy#: BK01757695795 COMMERCIAL GENERAL LIABILITY CG 8810 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSrON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT NON-OWNED AIRCRAFT NON-OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY• ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENT ARY PAYMENTS° COVERAGES A AND B ADDITIONAL INSUREDS· BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY· ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED • FELLOW EMPLOYEE EXTENSION· MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US· WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office. Inc., w ith irs permission. PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I • Coverage A -Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided : 1. It is not owned by any i nsured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada , designating her or him a commerc ial or airline pilot; and 4 . It is not being used to carry persons or property for a charge . However, the insurance afforded b y this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), cont ingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section .1 -Coverage A· Bodily Injury And Property Damage Liability, Subparagraph (2) of exclus i on g. Aircraft, Auto Or Watercraft is replaced by the follow i ng : This exclusion does not apply to: (2) A waterc raft you do not own tha t is : (a) Less than 52 fee t long ; and (b) Not being used t o carry pe r sons or prope rty for a charge . C. PROPERTY DAMAGE LIABILITY · ELEVATORS 1. Under Paragraph 2. Exclusions of Section I · Coverage A· Bodily Injury And Property Damage Liabil · ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provis ion, elevato rs do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations . 2. The following is added to Section IV -Commerc ial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this prov ision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You i s not otherwise excluded from this Coverage Part : 1. Under Paragraph 2 . Exclusions of Section I· Coverage A -Bodily Injury and Property Damage Liability: a. The fourth from the last parag raph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, expl osion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days . Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage " to contents of premises rented to you for a period of 7 or fewer consecutive days . A separate li m it of i nsurance applies to this coverage as described in Section Ill • limits of I nsurance. © 20 13 Libert y Mutual Insura nce CG 8810 0413 Inclu d es cop yright ed m ateria l of Insura nce Servi ces Offi ce. Inc., w ith its pe rm i ss ion. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions i s replaced by the following : Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -Limits Of Insurance. 2. Paragraph 6. under Section Ill· Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys - tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)· Paragraph 9.a. of Definitions is replaced with the following : 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or ·organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows : Under Paragraph 1. Insuring Agreement of Section I -Coverage C-Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS· COVERAGES A AND B 1. Under Supplementary Payments· Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury liability Coverage applies . We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses Incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS· BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II· Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bod ily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insu ra nce CG 88 10 0413 Include s copyrighted material of Insurance Services Off ic e. Inc., w ith its permi ssion . Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad - vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily i njury " or "property damage " included within the "completed operations hazard ". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards : (a) The existence, maintenance, repair, construction, erection, or removal of advertis i ng signs, awn i ngs, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance . However: 1. The insurance afforded to ~uch additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insµred will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization 's status as an additional insured under this endorsement ends when: (1) All wo rk, including materials, parts or equ i pment furnished in connect i on with such work, on the project (other than service, maintenance or repairs) to be perfo r med by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to it s intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Wi t h respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. W i th respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreerr.ent is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we rece i ve written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi · tions. © 201 3 Lib erty Mutual Insurance CG 88 10 0413 In cludes copyrighted ma terial o f In sura n ce Serv ices Office, Inc ., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I· Coverage A· Bodily I njury And Property Damage Liability: This insurance does not apply to : a. "Bodily i njury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", ''property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, op inions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense wh ich caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services . d. "Bod il y i njury" or "property damage" occurring after : (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organizat ion other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is - sued by us and made a part of this policy. 3. With respect to the i nsurance afforded to these additional insureds, the following is added to Section Ill • Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance : a. Required by the contract or agreement; or b. Available under the applicable limits of Insurance shown in the Decla rations; whichever is less . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision appl ies to any person o r organization who qualifies as an additional insured under any form or endorsement under th is policy. Condition 4. Other Insurance of SECTION IV · COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as fol lows : a. The following is added to Paragraph a. Primary Insurance: ff an additional insured's policy has an Other Insurance provision mak i ng its policy excess, and you have agreed i n a written contract or written agreement to provide the add itional insured coverage on a pr i mary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additiona l insured's pol i cy for damages we cover. © 20 13 Li berty Mutua l Insurance CG 8810 0413 Includes co pyrighted m ate r i al of In sura nce Servi ces Ortic e, Inc .• w ith its permiss ion. Page 5 of 8 b. The follow i ng is added to Paragraph b . Excess Insurance: When a written contract or written agreement, othe r than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an add itional i nsured does not require th is i nsurance to be primary or pr i mary and non -contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured . Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess , cont i ngent or on any other basis f or which the additional insured has been added as an add itional insured on other poli cies . I. ADD ITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement w i ll as soon as practicable : a. Give written notice of an "occurrence " or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance wh ich the additional insured has for a loss w e cove r under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified i n a written contract or written agreement or the limits of insurance as stated in the Declarati ons of th i s policy and defined in Sect ion Ill • Limits of Insurance of this policy, whichever are less . These l i mits are inclus ive of and not i n addition to the limits of insurance available under this pol icy. J. WHO IS AN INSURED· INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section fl. Who Is An Insured is replaced with the following : (1) "Bodi ly injury" o r "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a l i mited liability company}, to a co-"employee" while in the course of his or her employ- ment or performing duties re lated to the conduct of your bus i ness, or to your other "volunteer workers" while performing duti es related to the conduct of your business; {b) To the spouse, child , paren t , brother or sister of that co -"employee " or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above ; or (d) Aris i ng out of his or her providing or failing to provide professional health care serv ices . However, if you are not in the business of providing professional health care services or providing profes - si onal hea lth care personnel to others, or if coverage for providing professional health care ser- vices is not otherw ise excluded by separate endorsement, this prov ision (Paragraph (d)) does not apply . Paragraphs (a) and (b) above do not apply to "bodily injury " or "personal and advertising injury" caused by an "employee " who is ac ti ng i n a superviso ry capac ity for you . Supervisory capacity as used herein means the "employee's " job res ponsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. Howeve r, non e of t hese "employees " are in sureds for "bodily i njury " or "personal and © 20 13 Li be rtv Mutual Ins urance CG 88 10 0413 l n rl 11rl,""c; <'nnvrinhtPrf m.a.tPr i ;1 I nf l nc:.11 r ~n ro. <:"n,i~c, n ffiro In,,. 111i,ith if'c:-norn,i ('C"1nn advertising injury " ar i sing out of thei r willful conduct , which is defined as the purposef ul or willful intent to cause "bodily injury" or "personal and advert i sing injury ", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALL V ACQUIRED ENTITIES Paragraph 3. of Section II • Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured If there is no other slmilar insurance available to that organization . However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury " or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury " arising out of an offense committed before you acquired or formed the organization . d. Records and descriptions'of operations must be maintained by the first Named Insured . No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an Insured under this provision . L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV • Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall no t prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE , OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit " by an agent, servant or "employee" of any insured shall not in itself const itute knowledge of the insured unless an i nsured listed under Paragraph 1. of Section II· Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee''. N. LIBERALIZATION CLAUSE If we revise this Commercia l General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V -Definitions, Defin it ion 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish , mental injury, shock, fright or death that results from such physical i njury, sick- ness or disease . © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office. Inc., with its perm1ss1on . Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following : a. Expected Or Intended Injury "Bod i ly injury " or "property damage " expected or intended from the standpoint of the Insured . This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property . Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US · WHEN REQUIRED lN A CONTRACT OR AGREEMENT WJTH YOU Unde r Section IV· Commercial General Liability Conditions. the following is added to Condition 8 . Trans- fer Of Rights Of Recovery Against Others To Us: We waive any ri ght of recovery we may have aga i nst a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under ~ contract with that person or organization and included in the "products-completed opera:.ions hazard " provided: 1. You and that person or organizati9n .have agreed i n writing in a contract or agreement tha t you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree - ment. © 20 13 libe rty M ut 1Jc1 I :n suranc e CG 88 10 0413 Incl udes cop y r ighted material of Insu ra nce Services Offi cP.. Inc ., with it s p ermissio n. Pag e 8 o f 8 Policy # BK01757695795 COMMERCIAL GENERAL LIABILITY CG 89 70 0511 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the follow in g : COMMERCIAL GE NERAL LIABILITY COVERAGE PART Any term or provision of the Cancella tion Conditions of the policy or any endorsement amending or re placing such Conditions is amended by the following If you have agreed i n a w r itten contract or written agreement to prov id e a person or organization who qualifies as an additional insured unde r th is policy a notice of cance llation and/or material change that reduces or restricts the insurance afforded by th is Coverage Part we agree to the following : a . Provide 30 days prior written cance lla tion notice for reasons other tha n nonpayment of premium and/or 30 days prior written .notice of coverage change per schedule of additional insureds provided to us . © 2011 Liberty Mutua l Agency Corporation . All rights reserved . CG 89 70 05 11 In cludes copyrighted mate ria l of Ins urance Services Office . Inc .. with its permiss ion . Page 1 of 1 Policy# I BAA 1757695795 COMMERCIAL AUTO CA 88 10 0113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the fo l lowing: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement , the provisions of the policy apply unless modi fi ed by the endorsement. COVERAGE INDEX SUBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERM IT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT , CLAIM , SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO , VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDE FINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLAT ION CONDITION EXTRA EXPENSE -BROADENED COVERAGE GLASS REPAIR -WAIVER OF DEDUCTIBLE HIRED AUTO PHYS_I CAL DAMAGE (including employee hired auto and loss of use) HIRED AUTO COVERAGE TERRITORY LOAN / LEASE GAP PARKEO AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMEN T S TOWING AND LABOR TWO OR MORE DEDUCTIB LES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II -LIABILITY COVERAGE is amended as fo llows: 1. BROAD FORM INSURED PROVISION NUMBER 3 12 19 5 13 1 22 2 23 10 15 6 20 14 16 11 8 9 4 7 17 18 20 SECTION II -LIABILITY COVERAGE, paragraph A.1 . -WHO IS AN INSURED is amended to include the following as an insured : CA 88 10 0113 d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period . However , "insured " does not include any organization that: (1) Is a partnership or joint venture ; or (2) Is an insured under any other au tomobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy . Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this pol icy. e. Any organization you newly acquire or form , other than a partnership or joint venture , of which you o w n more than 50 percent of the voting stock . This automatic coverage is afforded only for 180 days from the date of acquisition or fo rmat ion . However, coverage under this p rovision does not apply: (1) If there is similar insuran c e or a self-insured retention plan availab le to that organization ; © 2013 Liberty Mutual Insurance Inc ludes copyrighted material of Insurance Se N ices Office , Inc., with its permission . Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted ; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization . 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE , paragraph A .1 . -WHO IS AN INSURED is amended to include the following as an insured : f. Any "employee" of yours while using a cove red "auto " you do not own , h ire or borrow , but only for acts w ithin the scope of their employment by you . Insurance provided by this endorsement is excess over any other insurance available to any "employee ". g . A n "employee " of yours while operating an "auto " hi re d or borrowed un der a written contract or agreement in that "employee's" name , wit h your permission , while per forming duti es related to th e conduct of your business and V;1it hin the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee ". 3 . ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTIO N II -LIABILITY COVERAGE , paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured : h . Any person or organization with res l:)ect to the operation , maintenance or use of a covered "auto ", provided that you and such person or organ ization have agreed in a w rit t en contract , agreement , or permit issued to you by governmental o r public authority , to add such person , or organization , or governmental or public authority to this policy as an ''insured ". Ho w ever, such person or organization is an "insured": (1) Only with respect to the operation , maintenance or use of a covered "auto": (2) Only for "bodily injury'.' or ''property damage " caused by an "acciden t" which takes place after you executed the w ritten contract or agreement , or the permit has been issued to you , and (3) Only for the duration of that contract, agreement or permi t 4 . SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE , Coverage Extensions , 2.a . Supplemen tary Pay ments, paragra phs (2) and (4) are rep lace d by tt1 e following . (2) Up to $3 ,000 for cost of bail bonds (includ ing bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds . (4) All reasonable expenses incurred by the insured at our request , including actual loss of earnings up to S500 a day because of time off from work . 5 . AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisd 1ct 1ons where, by l aw, fello w emp loyees are not entitled to the pro tection afforded to the employer by the w orkers compensat ion exclusivity rule , or s imilar protection , the following provision is added: SECTION II -LIA BI LITY , exclus io n B 5 . FELLOW EMP LOYEE does not app ly if the "bodily injury" results from th e use of a cove re d ''auto " you own or hire . SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended as f ollows : 6. HIRED AUTO PHYSICAL DAMAGE CA88100113 Paragraph A.4 . Coverage Extensions of S ECT ION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following If hire d "autos " are covered "autos" for Lia bility Coverage , and if Comprehens ive , Specified Causes of Loss or Coll is ion coverage are provided under the Bus iness Auto Coverage Form for any "au to " you o w n, then the Phys ica l Damage cover ages p rovi ded are ex tended to "au tos ": a . Y ou hire, rent or borrow; or © 2013 Liberty Mutu al Ins urance Includes copyrighted ma terial of Insurance Se rv ices Office , Inc., wi th its permission . Page 2 of 7 b. Your "employee " hires or rents under a written contract or agreement 1n that "e mployee's" name , but only if the damage occurs while the vehicle is being used in the conduct of your business , subject to the following limit and deductible : A. The most we will pay for "loss" in any one "accident " or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "l oss"; or (3) The cost of repairing or replacing the damaged or stolen property wi th other property of like kind and quality, minus a deductible . B . The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage . C. Subject to the limit , deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto " you own . D. Subject to a maximum of $1,000 pe r "accident ", we will also cover the actual loss of use of the hired "auto " if it results from an "acc ident ", you are legally liable and the lessor incurs an actual financial loss . E. This coverage extension does not apply to : (1) Any "auto " that is hired , rented or bo rrowed with a driver ; or (2) Any "auto" that is hired , rented or borrowed from your "employee". For the purposes of this provision, SECTION V -DEFINITIONS is amended by adding the following : "Total loss " m ea ns a "loss " in which the cost of repairs plus the salvage value exceeds the actual cash value . 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE , paragraph A.2 . Towing, is amended by the addition of the following : We w ill pay towing and labor costs incurred , up to the limits shown below , each time a covered "auto " classified and rated as a private passenger type, "light truck" or "medium truck " is disabled : a . For private passenger type vehicles , we will pay up to $50 per disablement. b . For "light trucks", we will pay up to S50 per disablement. "Light trucks " are trucks that have a gross vehicle we ight (GVW) of 10,000 pounds or less . c . For "medium trucks ", we wil l pay up to $150 per disablement "Medium trucks " are trucks that have a gross vehicle weight (GVW) of 10 ,001 -20,000 pounds . However, th e labor must be performed at the place of disablement . 8 . PHYSICAL DAMAGE· ADDITIONAL TRANSPORTATION EXPENSE COVERAGE CA 88 10 0113 Paragraph A.4 .a ., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1 ,500 @ 2013 Liberty Mutual Insurance Inc ludes copyrighted material of Insurance Se N ices Office. Inc .. with its permiss ion . Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION Il l -PHYSICAL DAMAGE COVERAGE , A . COVERAGE , is amended by adding the following : a. We will pay up to $75 per day for rental reimbursement expenses incu rred by you for the rental of an "auto " because of "accident" or ''loss ", to an "auto " for which we also pay a "loss " under Comprehensive, Specified Causes of Loss or Collision Coverages . We w ill pay only for those expenses incurred after the first 24 hours fo llowing the "accident" or "loss " to the covered "auto ." b. Rental Reimbursement will be based on the rental of a comparable veh icle , which in many cases may be substantially less than $75 per day , and will only be allowed for the pe riod of lime it should take to re pa ir or replace the vehicle with reasona ble speed and similar quality , up to a maximum of 30 days c . We will also pay up to $500 fo r reasonable and necessary expenses incurred by you to remove and rep lace your tools and equipment from the covered "auto ". d. This coverage does not apply unless you have a business necessity that other "autos " available for your use and operation cannot fill. e. If "loss " re sults from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amoun~ of you r rental reimbursement expenses w h ich is not already provided under Paragraph 4. Coverage Extens ion f. No deductible applies to this coverage . For the purposes of this endorsement provision, materials and equipment do not include "personal effects " as defined in provision 11 . 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE , A . COVERAGE , we will pay for th e expense of returning a stolen covered "auto" to you . Th e max imum amount we will pay is $1 ,000 11. PERSONAL EFFECTS COVERAGE A . SECTION Ill -PHYSICAL DAMAG E COVERAGE, A . COVERAGE , is amended by adding the following : If you have purchased Comprehensive Coverage on this policy for an "auto " you own and that "auto " is stolen , we will pay , without application of a deductible , up to $600 for "personal effects" sto len with the "auto ." The insurance prov ided under this provision is excess over any other collectible insurance . B. SECTION V -DEFINITIONS is amended by adding the following For the pu rposes of this provisi on , "personal effects " mean tangible property that is worn or carried by an insured ." "Personal effects" does not include tools , equipment , jewelry , money or securities . 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -P IYSICAL DAMAGE COVERAGE , 8. EXCLUSIONS is amended by adding the following : If you have purchased Comprehensive or Collision Coverage under this policy , the exclusion for "loss " relat ing to mechanical breakdown does not apply to the acc idental discharge of an airbag Any insurance we provide shall be excess over any other collectible insu rance or reimbursement by manufacturer 's warranty. However, we agree to pay any deductible appl icable to the other coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE CA 88 10 0113 SECTION I ll -PHYSICAL DAMAGE COVERAGE , 8 . EXCLUSIONS , exception paragraph a . to exclusions 4.c and 4 .d is deleted and replaced with the follo w ing : © 2013 Liberty Mu tual Insurance l11 c lude:; cuµy1iyhled 11 1c1 le1ic1I uf l11:;u1c111c;e Se 1vic;e:; omce , In c ., wi lh it:; µe1111i:;:;iu11 . Page 4 of 7 Exclusion 4.c. and 4 .d . do not app ly to : a. Electronic equipment that receives or transmits audio, visual or data signals , whether or not designed solely for the reproduction of sound , if the equipment is permanen tly installed in the covered "auto" at the time of the "loss " and such equipment is designed to be solely opera ted by use of the power from the "auto 's" electrical system, in or upon the covered "auto " and physical damage coverages a re provided for the covered "auto "; or If the "loss " occurs solely to audio , visual or da ta electronic equipment or accessories used with this equipment , then our obligation to pay for , repai r, return or replace damaged or stolen property will be reduced by a $100 deductible . 14. LOAN/ LEASE GAP COVERAGE CA 88 10 0113 A Paragraph C, LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following : The most we will pay for a "total loss " lo a covered "auto " owned by or leased to you in any one "accident " is the greater of the : 1 . Balance due under the terms .of the loan or lease to which the damaged covered "auto " is subject at the time of the "loss " less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b . Fi_nancial penalt ies imposed under a lease due to high mileage, excessive use or abnormal wear and tear , c . Costs for extended -«arranties, Credit Life Insurance , Health , Accident or Disability Insurance purchased with the loan or lease , d . Transfer or rollover balances from previous loans or leases, e. Final payment due un der a "Balloon Loan ", f. The dollar amoun t of any unrepaired damage which occurred prior to the "total loss " of a covered "auto ", g . Security depos i ts not refunded by a lessor, h. All refunds payable or pa id to you as a result of the early termination of a lease agreement or as a result of t he early termination of any wa rranty or extended service agreement on a covered "auto", i. Any amount representing taxes , j. Loan or lease termination fees; or 2 . The actual cash value of the damage or stolen property as of the time of the uloss". An adjustment for depreciation and physical condition will be made in de termining the actual cash value at the time of the "loss ". This adjustment is not applicable in Texas . B. ADDI T IONAL CONDITIONS This cove rage applies only to the original loan for which the covered "auto " that incurred the loss serves as collateral , or lease written on the covered "auto" that incurred the loss . C . SECTION V -DEFINTIONS is changed by adding the following : As used 1n th is endorsement prov is ion , the following definitions apply : "Total loss " means a "loss " in which the cos t of repairs plus the salvage value exceeds the actual cash value . A "balloon loan" is one with pe ri od ic payments that are insufficient to repay the balance over the term of the loan , thereby requiring a large final payment. © 2013 Liberty Mutual Insurance In c ludes copyrighted material of Insurance Se rv ice s Office , Inc., with its permission . Page 5 of 7 15. GLASS REPAIR -WAIVER OF DEDUCTIBLE Paragraph 0. Deductible of SECTION Il l -PHYSICAL DAMAGE COVERAGE is amended by the addition of the follo w ing : Nu deductible applies lu ylass damaye if the ylass is repaired rattier than replaced . 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE.) Paragraph 0. Deductible of SECTION Il l -PH YSICAL DAMAGE COVERAGE is amended by the addition of the follo w ing : The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or l ight weight truck with a gross veh ic le weight of 10 ,000 lbs . or less as defined by the manufacturer as maximum loaded weight the "a uto" is des igned to carry while it is a. In the charge of an "i nsured"; b. Legally parked ; and c. Unoccupied . The "loss " must be reported to the police authorities within 24 hours of know n damage . The t otal amount of the damage to the covered "auto" must exceed the deduct ible shown in the Declarations . This provision does not apply to any "loss " if the covered "auto" is in the charge of any person or organization engaged in the automobile business . 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE , if two or more company policies or coverage forms apply to the same accident, the following appl i es to paragraph D . Deductible a. If th e app licable Business Auto deductible is the smaller {or smallest) deductible it will be wa ived ; or b. If the applicable Business Auto deductible is not the smaller (or s ma llest) deductible it will be reduced by the amount of the smaller (or sma llest) deductible ; or c . If the loss involves two or more Business Auto coverage forms or policies the smaller {or smallest ) deductible wil l be waived . For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group . SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2 . is amended by adding the follo wing: If you un intentionally fail to d isclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form , the coverage afforded by this policy will not be prejudiced. However , yo u must report the undisclosed t1aza rd of exposure as soon as practicable after its discovery , and we have the right to collect additional premium for any such hazard or exposu re 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS CA 88 10 01 13 SECTION IV -BUSINESS AUTO CONDIT IONS , paragraph A.2.a. is replaced in its ent irety by the follo wing . a. In th e event of "accident", claim , "suit" or "loss ", you must promptly no tify us whe n it is known to : 1. You, if you are an individual ; 2 . A partner , if you are a partnership ; 3 . Member, if you are a limited liability company; 4 . An executive officer or the "emp loyee" designated by the Named Insured to give such notice , if you are a corporation . © 20 13 Liberty Mutual Insurance In cludes copyrighted material of Insurance Ser'Jices Office , In c ., v,i U1 it s permission. Page 6 or 7 To the extent possible , notice to us should include : (1) How, when and wl1ere the "accident" or "loss " took place ; (2) The "insureds " name and address ; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS , paragraph A.5., Transfe r of Righ ts of Recovery Against Others to Us , is amended by the addition of the following : If the person or organization has waived tho"se rights before an "accident " or "loss ", our rights are waived also . 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS , paragraph B.7 ., Policy Period , Coverage Territory , IS amended by the addition of the following : f . For "autos " hired 30 days or less , the · coverage territory is anywhere in the world , provided that the insured 's responsibility to pay for damages is determined in a "suit ", on the merits , in the United States , t he territories and possessions of the United States of America , Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not app ly to an "auto" hired , leased , rented or borrowed with a driver. SECTION V-DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINTIONS , definition C . is replaced by the following : "Bodily inju ry " means physical injury, sickness o r disease sustained by a perso n, including mental anguish , mental injury, shock , fright or death result ing from any of these at any time . COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION CA 88 10 0113 COMMON POLICY CONDITIONS , parag raph A.-CANCELLATION condition app lies except as follows : If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cance ll ation at least 60 days before the effective date of cancellation . This provision does not apply in those states which require more than 60 days prior notice of cancellation . © 201 3 Liberty Mutual Insurance Inc lu des copyrighted material of Insurance Serv ices Office , Inc., w ith its permission . Page 7 of 7 POLICY NUMBER: BAA1757695795 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the follo w ing : BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COV ERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage prov ided by this endorsement , the provisions of the Coverage Form apply unless modi- fied by this endorsemen t This endorsemen t identifies person(s) or organizat ion(s) w ho are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form . This endorsement does not alte r coverage provided in the Coverage Form . This endorsement changes the policy effective on ,the inception date of the policy unless another dale is indicated below. Effective Date : 12/4/2016 Named Insured : CSG Consultants , Inc .; Prec ision lnspection-CSG SCHEDULE Nam e of Perso n(s) or Organ iza t ion (s) as re qu ired by w ritt en contract (If no entry appears above, in formation required to comp lete this endorsement will be shown in the Declarations as applic.;al.Jle tu lt1e e ndorserne11t.) Each person or organizat ion shown in the Schedu le is an "insured" for Liability Coverage , but only to the extent that person or o rga nizat ion qualifies as an ''in sured " under the Who Is An Insure d Prov ision contained in Section II of the Coverage Form . CA20 48 02 99 Copyright , In su ra nc e Services Offi ce , In c ., 1998 Page 1 of 1 D Po l icy BAA 1757695795 COMMERCIAL AUTO CA88660513 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARE.FULLY. DESIGNATED INSURED -NONCONTRIBUTING This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COV ERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) .who are "insureds" under the Who Is An Insured Provision of the Coverage Form . This endorsement does not alter coverage provided in the Coverage Form . Schedule Name of Person(s) or Organization(s): Any e ntity w ith re spe ct to a cov er ed "auto" provid ed that you and such e ntity have agreed in a w ritten contract, agreement , or pe rmit to add such entity as an "insured". Regarding Designated Contract or Project: NIA Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage , but only to the extent that person or organ ization qualifies as an "insured" under the Who Is An Insured Provis ion conta ined in Section II of the Coverage Form . The following is added to the other Insurance Condition: If you have agreed in a written agreement that th is policy will be primary and without right of contribution from any insurance in fo rce for an Additional Insured for liability arising out of your operations , and the agreement was executed prior to the "bodily injury" or "property damage", then this insu rance will be primary and we w ill not seek contribution from such insurance . © 2013 Liberty Mut ual Insurance . All rights reserved . CA 88 66 0513 Includes copyrighted material of Insurance Se rvi ces Office. Inc .. w ith its permission . Page 1 of 1 Policy# BAA 1757695795 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement mod ifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM GARAGE COVERAGE FORM With respect to coverage provided by this endorsement , the provisio ns of the pol icy apply unless modified by this endorsement. Any term or provision of the Cancellation Conditions of the poli cy or any endorsement emending or replacing such Conditions is amended by the following : If you have agreed in a written contract or written ag reement to provide a person or organiza tion notice of cancellation w e agree to the followi ng : a. Provide a 30 days prior written cance lla tion notice to such persons or organ ization for reasons other than nonpayment of premium, but only if we are provide d with a schedule of persons or organizations with whom you have agreed to provide notification more than 30 days before the cancellat ion is to take effect. As a condition of this endorsement, you must notify your agent ·of any wr itten contract or agreement w here you have agreed to provide notice of cance lla tion,, other than nonpayment of prem ium , to a specific person or organization . Fa ilure to provide to a person or organizat ion in accordance · with the terms of this endorsement sha ll not extend the effective date of the cancellation or other.vise affect cancellation of the policy as to any insured . CA 88 76 03 14 © 2013 Liberty Mutual Insura nce . All righ ts reserved . Page 1 of 1 Incl udes copyrighted materi al of Insurance Se rvices Office , Inc .. with its permission . WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 1 OA (Ed 07 -07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2.00 % of the total policy premium otherwise due on such remuneration . The minimum premium for this endorsement is$ 350 oo Schedule Person or Organization ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ISSUED Job Description ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective · 12/04/2016 Policy No . CSWC715232 Insured CSG CONSULTANTS, INC . Insurance Company Cypress Insurance Company WC 99 0410A (Ed 07 -07) Premium$ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION -CERTIFICATE HOLDERS This endorsement mod ifies insurance provided under the Design Professional Liability Policy. The person(s) or organization(s) listed or described in the Schedule below have requested that they receive not less than thi rty (30) days written notice of cancellation when this policy is cancelled by us . We will endeavor to mail or deliver to the Person(s) or Organization(s) l isted or describe d in the Schedule a copy of the wr itten no t ice of cancellation that we sent to you . Such copies of the notice w ill be mailed as soon as practicable to the address or addresses prov ided by your broker or agent This notification of cancellation of the policy is intended as a courtesy only . Our failure to provide such notification to the person(s) or organi:z;ation(s) shown in the Schedule will not ex tend any policy cancellation da te or impact or negate any cancel lation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule below to any benefit, rights or protection under this pol icy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule . Schedule Person(s) or Organization(s) including mailing address : All certificate holders where written notice of the cancellation of this policy is required by written contract , pe rmit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations page of this po licy for the purpose of comp lying w ith such request. All other terms and conditions of this policy remain unchanged Policy Number: PAAEP0008801 Named Insured : CSG Consultants This endorsement is effective on the inception date of t his Policy unless otherwise staled he rei n : 00 ML0086 00 11 10 Page 1 of 1