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21-076 Amendment #1 dated 11-29-21 CSG Consultants Inc., On-Call Plan Review, First Amendment dated 11-29-211 FIRST AMENDMENT TO AGREEMENT 21-076 BETWEEN THE CITY OF CUPERTINO AND CSG CONSULTANTS INC., FOR ON CALL PLAN REVIEW FOR FY 21-22 This First Amendment to Agreement 21-076 between the City of Cupertino and CSG Consultants Inc., is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and CSG Consultants Inc., a Corporation (“Contractor”) whose address is 550 Pilgrim Dr., Foster City, CA 94404, and is made with reference to the following: RECITALS: A. On July 16, 2021 Agreement 21-076 (“Agreement”) was entered into by and between City and Contractor for on call plan review for FY 21-22. B. The Agreement and the First Amendment are collectively referred to as the “Agreement” unless otherwise indicated. C. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 4 of the Agreement is modified to read as follows: COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $105,000 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C-1, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO CSG CONSULTANTS, INC. By By Title Title Date Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date Cyrus Kianpour President Nov 29, 2021 Christopher D. Jensen Nov 29, 2021 Dir of Community Development Nov 29, 2021 3 EXPENDITURE DISTRIBUTION Item PO Number Amount Base 2022-123 $25,000 1st Amendment $80,000 Total $105,000 Transmittal Letter November 18, 2021 City of Cupertino Community Development 10300 Torre Avenue Cupertino, CA 95014 RE: Proposal for Plan Review Services 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 period November 1, 2020 to June 30, 2022, when demand exceeds City staff’s capacity. CSG can readily provide these requested services. This contract will be for not-to- exceed amount of $80,000.00. Our firm brings specialized expertise, proximity, highly experienced personnel, and an existing successful working relationship with the City. All CSG staff are registered and/or ICC certified, with additional qualifications including LEED, DSA, and CASp experience and certification. Our corporate office is in Foster City and our local office is in San Jose; we can be available for meetings at City offices when requested. Michael Loomis, SE, CBO, CASp, LEED AP, will serve as the primary 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 | cell (650) 696-0654 michaelloomis @csgengr.com A proposed scope of work and our fees are provided on the following pages for the City’s review. 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 capabilities and qualifications. We look forward to the opportunity to continue to provide plan review services to the City of Cupertino. Sincerely, Cyrus Kianpour President, CSG Consultants, Inc. 550 Pilgrim Drive, Foster City, CA 94404 Phone (650) 522-2500; Fax (650) 522-2599 { www.csgengr.com Scope of Services APPROACH TO WORK 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 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 online plan check status reporting to providing faster-than-scheduled turnaround times, CSG will deliver the highest quality services. CSG’s approach to work and associated key benefits include:  Concentrated focus on cost-saving approaches and methods. Because we serve numerous municipalities and public agencies, we are constantly improving and adapting to provide our clients with the most cost-effective services.  Customized, responsive services. We are skilled at assessing time commitments, developing an accurate work plans 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. We hand pick staff uniquely qualified and experience to deliver the exact services requested.  A wealth of 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 leading 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 current with the latest in procedures and use of products, e.g., green building, accessibility, CASp certification requirements, NPDES, MRP, and more.  Rapid turnarounds and expedited services. With extensive experience in the digital plan process combined with extensive code application experience, our staff excels at providing prompt turnarounds. We easily match and more often beat any required review turnaround deadlines.  Leading-edge, cost-saving technology and methods. 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 archiving services.  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 that bypasses paper, and all possible documents at CSG are printed double-sided on recycled, post-consumer content paper.  Other benefits. CSG ensures that any personnel providing services directly to the City under this Agreement agrees to submit and undergo LiveScan fingerprinting through the City pursuant to California Penal Code Section 11105, and the City has the exclusive right to approve or reject the use of any Contractor personnel based on its review of the LiveScan fingerprinting results, including any subsequent arrests; have received sexual harassment and abusive conduct prevention training in compliance with California Government Code Section 12950.1; and have received any other trainings required by law or by the personnel’s occupation, including, but not limited to, OSHA- and Cal/OSHA- required safety trainings, mandated reporter training, etc. Leading the field in digital plan review services for over 20 years. BUILDING PLAN REVIEW SERVICES Compliance Standards Our team of professionals is ready to assist 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 online 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 jurisdictions, including but not limited to:  California Building Code, Volumes 1 and 2  California Residential Code  California Electrical Code  California Plumbing Code  California Mechanical Code  California Fire Code  National Fire Codes as published 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)  State Historical Building Code  California Energy Code  California Green Building Code  NPDES/WQMP/SWPPP Compliance  Local adopted ordinances and amendments relative to building, fire and municipal codes, including project Conditions of Approval from other agency departments, divisions, 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. Green Building and LEED Accreditation Our Building Division team 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 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. 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. Digital Plan Review All paper plans submitted to CSG are immediately scanned into digital files for quick and easy access by our clients and plan reviewers. CSG began the transition to digital plan review over 18 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 CSG’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 online application for an applicant to submit digital files directly to us, which includes a portal for the applicant/jurisdiction to retrieve comments and submitted digital files marked-up plans including redlines. The online portal tracks all submittals, including re-submittals until the plans have been approved. Key features of our digital plan review service include: ✓Efficient. Plans are pushed to plan review staff the same day they are received. There is no “bin time.” ✓User-friendly. 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. ✓Proven. We have provided a digital plan review option to our clients for over 18 years. ✓Non-Proprietary. CSG’s electronic review process is 100% PDF- based with no additional software required to view redlines. ✓Extensible. Should the City decide to implement electronic review as a standard, CSG offers an integration path for our electronic review software—GreenVue Fusion. Online Plan Check Status CSG offers a convenient service allowing clients to check plan review status and comments online. 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 r electronic post-a-note. Staff and 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 CSG will arrange for pickup and delivery of plans from/to the 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 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 INITIAL REVIEW (BUSINESS DAYS) RE-CHECK (BUSINESS DAYS) Residential New Construction 10 5 Residential Additions 10 5 Small Residential Remodels 10 5 Non-Residential / Commercial New Construction* 10 3 Commercial Additions 10 5 Small Commercial Remodels / Tenant Improvements 10 5 Large / Complex Commercial Projects 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 of Laguna Woods’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 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 commitment 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 S: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 CSG staff can typically respond to the City for all questions or requests generated during 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 gas explosion, the Northridge, and Lorna Prieta earthquake as well as regional floods, fires and other emergencies. Our personnel’s certifications include those obtained through FEMA, Office of Emergency Services (OES), and IACET First Responder. Exhibit C-1 Compensation 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 will be compensated for services performed pursuant to this Agreement in a total not-to-exceed amount of $25,000 per year without prior written approval from City. Plan review based on a percentage of the City’s plan check fee includes an initial plan review and one subsequent review, with a 2-hour minimum charge for the initial review. Additional reviews, deferred submittals, revisions and RFls will be charged at the appropriate hourly rate below with a 2-hour minimum for the 3rd and any subsequent reviews, or as otherwise determined by agreement with the City. RFls for larger developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the City. ROLE / SERVICE PERCENTAGE BASED FEE / HOURLY FEE Plan Review 65% of City’s Building Plan Check Fees Expedited Plan Review 95% of City’s Building Plan Check Fees Structural Plan Review / Structural Engineer $150 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. On each anniversary of the contract start date, CSG will initiate an hourly rate increase based on change in CPI for the applicable region. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice. On call plan review Final Audit Report 2021-11-29 Created:2021-11-24 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAIdE_HDeHDtfzGnzYhAHmDnL8q-fhoD8v "On call plan review" History Document created by City of Cupertino (webmaster@cupertino.org) 2021-11-24 - 8:45:38 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-11-24 - 8:47:17 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-11-29 - 6:10:48 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Cyrus Kianpour (cyrus@csgengr.com) for signature 2021-11-29 - 6:10:49 PM GMT Email viewed by Cyrus Kianpour (cyrus@csgengr.com) 2021-11-29 - 6:12:28 PM GMT- IP address: 96.95.197.225 Document e-signed by Cyrus Kianpour (cyrus@csgengr.com) Signature Date: 2021-11-29 - 6:15:01 PM GMT - Time Source: server- IP address: 96.95.197.225 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-11-29 - 6:15:03 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-11-29 - 6:20:59 PM GMT- IP address: 104.47.73.254 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2021-11-29 - 6:21:22 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2021-11-29 - 6:21:24 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2021-11-29 - 6:25:04 PM GMT- IP address: 104.47.74.126 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2021-11-29 - 6:25:51 PM GMT - Time Source: server- IP address: 73.189.98.179 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-11-29 - 6:25:53 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-11-29 - 6:30:11 PM GMT- IP address: 104.47.73.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-11-29 - 6:30:19 PM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2021-11-29 - 6:30:19 PM GMT