HomeMy WebLinkAboutItem 6d. Authorization to Advertise RFQ for On-call Development Review Services Item 6d
Department: Community Development
Cost Center: 4006
For Agenda of: 4/2/2024
Placement: Consent
Estimated Time: NA
FROM: Timmi Tway, Community Development Director
Prepared By: Michael Loew, Deputy Director/Chief Building Official
SUBJECT: AUTHORIZATION TO ADVERTISE A REQUEST FOR QUALIFICATIONS
FOR ON-CALL DEVELOPMENT REVIEW SUPPORT SERVICES
RECOMMENDATION
1. Approve the draft Request for Qualifications (RFQ) to provide on -call development
review services (Specification No. 2024-4006-01); and
2. Authorize the City Manager to execute agreements with selected consulting firms; and
3. Authorize the Finance Director to execute and amend Purchase Orders for individual
consultant services contract in an amount not -to-exceed the authorized project
budget; and
4. Authorize the Community Development Director to amend or extend the agreement s
for services in accordance with its term and within the available annual budget.
POLICY CONTEXT
The City’s purchasing policy requires competitive bids for a single transaction and
cumulative purchases that occur in a fiscal year at Tier 3 through 5 in its purchasing
guidelines (as outlined in Attachment A, Purchasing Policy Tier Approval Guide for
Professional Services). The costs of on-call development review services have varied
greatly from year to year depending on staffing levels and workloads. In most recent
years, costs for these services have exceeded the Tier 5 threshold ($150,000+) due to
the unprecedented amount of construction projects occurring within the city.
Municipal code 3.24.030 (f) states the City Administrative Officer as the purchasing
authority shall seek ‘to consolidate department orders for like services to ensure discount
pricing whenever feasible.’ On-call consultant lists shall be renewed at least every five
years by a new RFQ process as required by municipal code section 3.24.070 (c).
Interpreting the policy and Municipal Code together, the Finance Department, Fire
Department, and Community Development Department recommends establishing a list
of qualified consultants through the RFQ process to perform development review related
services. Then, once the contracts are in place, City staff can utilize the services of the
contractors with negotiated pricing and terms to reduce overall service costs.
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Item 6d
DISCUSSION
In order to meet published cycle times for plan review, the Community Development
Department and Fire Department currently require the use of contract plan check services
to supplement efforts of in-house resources. The proposed Request for Qualifications
(Attachment B) for on-call consultants is to ensure that the City’s best economic interests
are served and that the Community Development Department can continue to meet the
needs and expectations of the public for plan check, engineering review, and inspection
services. Requesting proposals in a competitive market will expand the pool of consultant
firms to choose from in order to meet published cycle times for plan review.
On-call consultants have been providing plan check services to the City for the last 10
years and can seamlessly keep the workflow moving. Building and Safety currently has
several on-call consultants that provide plan check services at a cost of 65% of the
applicant’s cost of service fee with the remainder of the fee covering all other city costs.
The contract scope also includes an applicant-requested option for expedited plan check
service where a plan check consultant provides a premium accelerated plan check for
time sensitive projects. In such cases, the applicant pays the consultant a higher fee in
accordance with their contract for accelerated plan checks. This proces s would remain
available under the proposed contract scope.
While not the primary purpose of this effort, engineering development review and
inspection services are included with this RFQ in order to have that capacity should the
need arise. On-call consultant services for engineering review and inspections have been
required and utilized over the past few years due to staff shortages and increased
workloads. Staff has found it more cost effective to hire temporary staff to perform the
work during periods of high permit activity and continues to pursue the most cost-effective
approach; however, on-call consultants are utilized for projects when staffing levels
cannot accommodate providing timely services.
It is typical for consultants to increase their co sts for services on an annual basis, as
determined by going market rates. In alignment with previous approaches, staff
recommends authorizing the Community Development Director to reestablish the terms
of the agreement when necessary to ensure that new rat es do not exceed budgetary
allocations for these services. This authorization will guarantee that rates cannot increase
without approval from the Community Development Director, but still allow the contractual
work to continue through fiscal years of the budget cycles.
The terms of the agreements with the consultants, including the term of the agreement,
and the process for using the agreements will be in accordance with current Finance
Department policy, and will be outlined in the RFQ posting (Attachment B).
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Item 6d
Previous Council or Advisory Body Action
The City Council previously approved a similar authorization on April 2, 2019. The current
contracts were established as a result of the previous council action will expire in July
2024.
Public Engagement
Public comment can be provided to the City Council through written correspondence
submitted prior to the meeting and through public testimony during the meeting. This
RFQ will be advertised following all purchasing guidelines.
CONCURRENCE
The Finance Department and Fire Department agrees with the need for these services to
be procured through multiyear contracts with on-call consultants.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended acti on in
this report, because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2024-25
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $140,000 $ $ $
State
Federal
Fees
Other:
Total $140,000 $ $ $
Existing contracts and industry standard cost for consultant building permit plan check
service is 65% of the amount the City collects for the service provided. In addition to the
plan check service, total cost to the City includes overhead and administrat ive
requirements associated with management and oversight of the consultant plan check
process. Building inspection and engineering development review services are funded
through “Other Contract Services” budgets line items. The Building and Safety Divisio n
has been allocated $140,000 for these services during the 2024 -25 fiscal year.
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Item 6d
Consistent with the City’s budget policies, the Community Development Department sets
fees to accomplish 100% cost recovery for this service. Therefore, the recommendation
to issue a RFQ and enter into agreements with consultants for plan check services has
no net fiscal impact on the City’s general fund.
ALTERNATIVES
Do not authorize the issuance of the proposed RFQ, allow existing agreements with
plan review consultants to expire, and provide increased services through
additional staffing. This is not recommended as a sustainable alternative due to the
varying factors that influence the workloads for development review services. While
staffing levels are regularly assessed during financial plans, on-call consultants are a
necessary resource to utilize during times of staff vacancies, staff vacations and extended
leaves of absence, and during times when several large-scale project applications are
submitted to the City at same time.
ATTACHMENTS
A – Purchasing Policy Tier Approval Thresholds
B – RFQ Draft Spec. No 2024-4006-01
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Professional
Services
General
Goods
CITY OF SAN LUIS OBISPO www.slocity.org
PURCHASING POLICY - APPROVAL THRESHOLDS
Tier 1
Tier 2
Tier 3
Tier 4
Tier 5
Under
$10,000
$10,000
to $39,999
$40,000
to $69,999
$70,000
to $150,000
$150,000
or more
Purchase Requisition (PR) approved by Fiscal Officer
Purchase Order (PO) approved by Purchasing
3 Quotes
PR approved by Fiscal Officer, Dept. Head
PO approved by Purchasing
RFP Required
PR approved by Fiscal Officer & Dept. Head
PO approved by Purchasing
City Manager Report and RFP Required
PR approved by Fiscal Officer
PO approved by Purchasing
Council Approval and RFP Required
PR approved by Fiscal Officer
PO approved by Purchasing
PURCHASING POLICY - APPROVAL THRESHOLDS
Tier 1
Tier 2
Tier 3
Tier 4
Under
$10,000
$10,000
to $74,999
$75,000
to $199,999
$200,000
or more
Purchase Requisition (PR) approved by Fiscal Officer
Purchase Order (PO) approved by Purchasing
3 Quotes
PR approved by Fiscal Officer, Dept. Head
PO approve by Purchasing
City Manager Report and RFP Required
PR approved by Fiscal Officer & Dept. Head
PO approved by Purchasing
Council Approval and RFP Required
PR approved by Fiscal Officer
PO approved by Purchasing
Page 29 of 596
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Notice Requesting Proposals for Specification No. 2024-4006-01
BUILDING & SAFETY, ENGINEERING DEVELOPMENT REVIEW, FIRE PLAN REVIEW AND INSPECTION
SERVICES
The City of San Luis Obispo is requesting sealed proposals for plan review and inspection of construction
projects necessary to determine compliance with all applicable building, fire and development codes and
laws pursuant to Specification No. 2024-4006-01.
All firms interested in receiving further correspondence regarding this Request for Qualifications (RFQ) will be
required to complete a free registration using BidSync (https://www .bidsync.com/bids vnc-app-
web/vendor/register/Login.xhtmI). All proposals must be received via BidSync by the Department of
Finance at or before [DATE] when they will be opened publicly in the City Hall Conference Hearing Room,
990 Palm Street, San Luis Obispo, CA 93401.
Proposals received after said time will not be considered. To guard against premature opening, each
proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the
proposal title, specification number, proposer name, and time and date of the proposal opening.
Proposals shall be submitted using the forms provided in the specification package.
A pre-proposal conference call will be held to answer any questions that the prospective proposers may
have regarding the City's request for proposals. The pre-proposal conference call will take place at the
following place and time:
Council Hearing Room
990 Palm Street, San Luis Obispo
[DATE]
1-888-204-5987, Code: 8618289
Specification packages and additional information may be obtained at the City’s BidSync website at
www.BidS vnc.com. Please contact Michael Loew at mloew@slocity.org (805) 781-7572 with any questions.
The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
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TABLE OF CONTENTS
SECTION A: DESCRIPTION OF WORK. ........................................................................................................... 2
SECTION 8: GENERAL TERMS AND CONDITIONS ......................................................................................... 3
SECTION C: SPECIAL TERMS AND CONDITIONS ................................................................................................... 9
SECTION D: FORM OF AGREEMENT. .......................................................................................................... 12
SECTION E: INSURANCE REQUIREMENTS ................................................................................................... 19
SECTION F: PROPOSAL SUBMITTAL FORMS. .............................................................................................. 20
SECTION G: SCHEDULE OF PLAN CHECK AND INSPECTION FEES ............................................................... 28
SECTION H: PROPOSERS LIST ...................................................................................................................... 30
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SECTION A: DESCRIPTION OF WORK
I. INTRODUCTION
The City of San Luis Obispo (City) wishes to obtain the services of one or more professional governmental
consulting firms (Consultant) to provide plan review and field inspection services for projects necessary
to determine compliance with all applicable building and fire codes, development standards, City
Municipal Codes and state and federal laws. The selected firm(s) will be issued an open purchase order
and projects will be assigned by the City’s Chief Building Official, Supervising Civil Engineer or Fire Marshal.
II. DESCRIPTION OF PROJECT
The project, in general, will consist of the examination, analysis, and review of plans for various
construction projects within the city in order to determine compliance with all applicable regulations,
including but not limited to local building regulations and amendments, as well as the California Building
Standards Code (CAC Title 24), comprised of the latest adopted editions of the model codes with State
amendments, and the State Housing Law (CAC Title 25) as adopted by the State of California and the City
of San Luis Obispo, the California Public Safety Code (CAC Title 19), City Municipal Code regulations and
adopted City Engineer/Public Works standards. Dependent upon the scope of each specific project
assigned, such plan reviews may consist of an examination of the structural, electrical, mechanical,
plumbing, energy conservation, green building measures, fire and life safety, fire protection systems,
hazardous materials management plans, grading, drainage to include stormwater and LID design
requirements, geotechnical, onsite improvements, right-of-way improvements, and disabled accessibility
aspects of the proposed project. Mapping projects may also be submitted for review for compliance with
the Subdivision Map Act. The City shall provide the Consultant with copies of code amendments and
official code interpretations issued by the Chief Building Official, Supervising Civil Engineer or Fire Marshal.
Bidders may submit proposals for services listed in this specification in whole or in part. Proposals are to
provide a clear listing of services proposed under this specification on the technical specification submittal
form located in Section F of this specification.
The standard turnaround time for assigned plan reviews shall be 10 working days for the initial check and
5 working days for rechecks, unless otherwise specified by the City. Consultants shall pick up and deliver
plans to the department unless alternate arrangements are approved by the City, which may include
shipping at the sole expense of the Consultant. The Consultant should have electronic plan review
capabilities and offer these services upon request.
The Consultant shall utilize employees to perform the plan reviews who are certified as Plans Examiners
through the International Code Council and who are provided with a reasonable degree of annual training
in accordance with the requirements of AB 717 (Health and Safety Code 18965 et seq.). A California
Registered Engineer or Licensed Architect employed by the Consultant shall review the portion of plans
that involve engineering design. A Registered Fire Protection Engineer should review projects involving
fire suppressions systems or hazardous materials management plans. A Licensed Land Surveyor or
qualified Registered Civil Engineer shall review mapping projects for compliance with the Subdivision Map
Act.
The project may include providing inspection services. Inspections will include review and
interpretation of approved construction documents and inspection of construction for compliance
with the various applicable codes (listed under the plan check services above). Inspections may include
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investigation of construction performed without a permit to determine appropriate enforcement
action required to correct any violations that may exist including violations of City Municipal Code
Title 15 and Title 17 violations.
The Consultant shall utilize employees to perform inspections who are certified as required either by the
International Code Council, California Association of Code Enforcement Officers or American Public Works
Association and who are provided with a reasonable degree of annual training in accordance with the
requirements of AB 717 (Health and Safety Code 18965 et seq.).
Projects shall be assigned at the sole discretion of the Chief Building Official, Supervising Civil Engineer or
Fire Marshal. The City may use its own employees and/or other independent Consultants to perform plan
reviews in addition to any such work assigned to Consultant. The volume of plan reviews is dependent
upon economic conditions that are outside the control of the City. Consequently, there is no guarantee
provided as to the minimum or maximum volume of work that may be assigned to a Consultant within
any given time period.
In the course of the plan review process, the Consultant shall avoid situations involving an actual or
potential conflict of interest, shall act as an agent and a deputy of the Chief Building Official, Supervising
Civil Engineer or Fire Marshal, and shall act in the interests of the City and the citizens of San Luis Obispo.
Consultants shall provide no services for any private client within the corporate boundaries of the City
during the contract period.
SECTION B: GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall
meet all the terms, and conditions of the Request for Qualifications (RFQ) specification package.
By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of
all provisions of the RFQ specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be submitted electronically via BidSync. However, if you can’t submit
electronic, please send your bid copy in a sealed envelope to the Department of Finance, City of
San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature
opening, the proposal should be clearly labeled with the proposal title, project number, name of
bidder, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
C. Deductibles and self-insured retention.
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The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not
required until contract award. The City’s insurance requirements are detailed in Section E.
4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities
indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces
provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The
Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount
stated by any proposer for any item are not in agreement, the unit price alone will be considered
as representing the proposer’s intention and the proposal total will be corrected to conform to
the specified unit price.
5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a written request to the
Director of Finance for its withdrawal, in which event the proposal will be returned to the
proposer unopened. No proposal received after the time specified or at any place other than that
stated in the “Notice Requesting Proposals” will be considered. All proposals will be opened and
declared publicly. Proposers or their representatives are invited to be present at the opening of the
proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to
make or file, or to be interested in more than one proposal, except an alternative proposal when
specifically requested; however, an individual or business entity that has submitted a sub-
proposal to a proposer submitting a proposal, or who has quoted prices on materials to such
proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other
proposers submitting proposals.
7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all
terms and conditions to any other local governmental agencies upon their request. These
agencies will issue their own purchase orders, will directly receive goods or services at their place of
business and will be directly billed by the successful proposer.
8. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged but will be
permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60
days for examination and comparison. The City also reserves the right to waive non-substantial
irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a
proposal and accept the other, except to the extent that proposals are qualified by specific
limitations. See the “special terms and conditions” in Section C of these specifications for proposal
evaluation and contract award criteria.
10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of proposers. Proposers will
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provide, in a timely manner, all information that the City deems necessary to make such a
decision.
11. Contract Requirement. The proposer to whom award is made (Consultant) shall execute a written
contract with the City within ten (10) calendar days after notice of the award has been sent by mail
to it at the address given in its proposal. The contract shall be made in the form adopted by the
City and incorporated in these specifications.
12. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages
and amounts specified in Section E of these specifications within 10 (ten) calendar days after
notice of contract award as a precondition to contract execution.
13. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license
& tax certificate before execution of the contract. Additional information regarding the City’s
business tax program may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
14. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out
and complete the work hereunder in compliance with all federal, state, county, city, and special
district laws, ordinances, and regulations.
15. Laws to be Observed. The Consultant shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay.
17. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
18. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
19. Public and Employee Safety. Whenever the Consultant’s operations create a condition hazardous to
the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and
maintain such fences, temporary railings, barricades, lights, signs and other devices and take such
other protective measures as are necessary to prevent accidents or damage or injury to the public
and employees.
20. Preservation of City Property. The Consultant shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured or
damaged resulting from the Consultant’s operations, it shall be replaced or restored at the
Consultant’s expense. The facilities shall be replaced or restored to a condition as good as when
the Consultant began work.
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21. Immigration Act of 1986. The Consultant warrants on behalf of itself and all subconsultants
engaged for the performance of this work that only persons authorized to work in the United State
pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be
employed in the performance of the work hereunder.
22. Consultant Non-Discrimination. In the performance of this work, the Consultant agrees that it
will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination
in employment of persons because of age, race, color, gender, gender expression, national origin
(ancestry), disability, military status, marital status, sexual orientation, or religion (creed) of such
persons.
23. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due
to federal government restrictions arising out of defense or war programs, then the time of
completion may, at the City’s sole option, be extended for such periods as may be agreed upon by
the City and the Consultant. In the event that there is insufficient time to grant such extensions prior to
the completion date of the contract, the City may, at the time of acceptance of the work, waive
liquidated damages that may have accrued for failure to complete on time, due to any of the above,
after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.
24. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the materials, supplies, equipment, or services provided by the
Consultant (Net 30).
25. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Consultant are being performed in accordance with the
requirements and intentions of this contract. All work done, and all materials furnished, if any,
shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve
Consultant of any of its obligations to fulfill its contract requirements.
26. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Consultant in preparing its invoices to City as a condition precedent to any
payment to Consultant.
27. Interests of Consultant. The Consultant covenants that it presently has no interest, and shall not
acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with
the performance of the work hereunder. The Consultant further covenants that, in the
performance of this work, no subconsultant or person having such an interest shall be employed. The
Consultant certifies that no one who has or will have any financial interest in performing this work is
an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work
hereunder, the Consultant shall at all times be deemed an independent consultant and not an agent
or employee of the City.
28. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law
(including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall
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indemnify, defend, and hold harmless the City, and its elected officials, officers, employees,
volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims,
liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of
litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform
its obligations under this Agreement or out of the operations conducted by Consultant, including the
City’s active or passive negligence, except for such loss or damage arising from the sole negligence
or willful misconduct of the City. In the event the City Indemnitees are made a party to any action,
lawsuit, or other adversarial proceeding arising from Consultant’s performance of this
Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option,
reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in
defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a
“construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply
in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California
Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the
City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”),
from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages,
including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement
or out of the operations conducted by Consultant, except for such loss or damage arising from the
active negligence, sole negligence or willful misconduct of the City. In the event the City
Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from
Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City
lndemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including
reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of
Services require Consultant to provide “design professional services” as those phrases are used in Civil
Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent
permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8)
Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers,
employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages,
injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness
fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct
of Consultant, except to the extent caused by the sole negligence, active negligence or willful
misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed
by Consultant shall be conclusively deemed to be the negligence, recklessness or willful
misconduct of Consultant unless adequately corrected by Consultant. In the event the City
Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from
Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City
Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including
reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend
charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault.
However, notwithstanding the previous sentence, in the event one or more defendants is unable to
pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet
and confer with other parties regarding unpaid defense costs.
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(d) The review, acceptance or approval of the Consultant’s work or work product by any
indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense
obligations. This Section survives completion of the services or the termination of this contract. The
provisions of this Section are not limited by and do not affect the provisions of this contract relating
to insurance.
29. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any individual
or business entity of any kind without the previous written consent of the City.
30. Termination. If, during the term of the contract, the City determines that the Consultant is not
faithfully abiding by any term or condition contained herein, the City may notify the Consultant in
writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in the
notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any
further duties, obligations, responsibilities, or rights under the contract except, however, any and
all obligations of the Consultant’s surety shall remain in full force and effect, and shall not be
extinguished, reduced, or in any manner waived by the terminations thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City’s Notice of
Termination, minus any offset from such payment representing the City’s damages from such
breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone
or task satisfactorily delivered or completed by the Consultant as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by the Consultant shall be based solely on the City’s assessment of the value of the work-
in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full
and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive
in excess of the compensation quoted in its proposal.
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SECTION C: SPECIAL TERMS AND CONDITIONS
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three municipalities for whom you have provided similar
services.
d. Completion of the Technical Specification Sheet and Proposal Submittal Form.
Qualifications
e. Experience of your firm in performing similar services.
f. Education, training, experience, professional registration and certification of the principal
and of staff members who will be involved in the projects. Include resumes of the
individuals who would be assigned to projects, including any sub-contractors.
g. Statement and explanation of any instances where your firm has been removed from a
project or disqualified from proposing on a project.
h. Any additional capabilities of the firm or optional services that may be offered (e.g. NPDES
services, CASp services), which supplement the scope of the specification description.
Work Program
i. A brief narrative of the processes that will be employed to accomplish the specification
including a discussion of the quality control measures.
j. Proposed Plan Review turn-around times.
k. Any other information that would assist us in making this contract award decision.
Compensation
l. Proposed compensation shall be delineated on the Proposal Submittal Form provided
with this RFQ.
m. A standard hourly billing rate for the assigned plan reviews.
Proposal Length and Copies
n. Proposals should not exceed 50 pages, including attachments and supplemental
materials.
o. Six copies of the proposal must be submitted.
2. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review
committee based on the following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
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c. Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the City.
d. Recent experience in successfully performing similar services.
e. Proposed approach in completing the work.
f. References.
g. Background and experience of the specific individuals to be assigned to projects.
h. Proposed compensation.
As reflected above, contract award will not be based solely on price, but on a combination of
factors as determined to be in the best interest of the City. After evaluating the proposals and
discussing them further with the finalists or the tentatively selected Consultant, the City reserves
the right to further negotiate the proposed work and/or method and amount of compensation.
3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award:
a. Issue RFQ
b. Pre-Proposal Conference (optional)
c. Receive proposals
d. Complete proposal evaluations
e. Conduct finalist interviews and finalize recommendation
f. Execute contract
g. Start work
[date]
[date]
[date]
[date]
[date]
[date]
[date]
4. Pre-Proposal Conference. An optional pre-proposal conference will be held at the following
location, date, and time to answer any questions that prospective bidders may have regarding
this RFQ:
[date]
Community Development Department
919 Palm Street, San Luis Obispo, CA 93401
Participants may contact Michael Loew, Chief Building Official by email at mloew@slocity.org
log-in information for the conference call, to be available at least 24 hours in advance.
5. Ownership of Materials. All original drawings, plan documents and other materials prepared by
or in possession of the Consultant as part of the work or services under these specifications shall
become the permanent property of the City and shall be delivered to the City upon demand.
6. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Consultant as part of the work or services under these
specifications shall be the property of the City and shall not be made available to any individual
or organization by the Consultant without the prior written approval of the City.
7. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Consultant is required to furnish in
limited quantities as part of the work or services under these specifications, the Consultant shall
provide such additional copies as are requested, and City shall compensate the Consultant for the
costs of duplicating of such copies at the Consultant's direct expense.
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8. Required Deliverable Products. The Consultant will be required to provide:
a. One electronic submission - digital-ready original .pdf of all final documents. If Consultant
wishes to file a paper copy, it must be submitted in a sealed envelope to the address
provided in the RFQ.
b. Corresponding computer files compatible with the following programs whenever possible
unless otherwise directed by the project manager:
Word Processing:
Spreadsheets:
Desktop Publishing:
Virtual Models:
Digital Maps:
MS Word
MS Excel
InDesign
Sketch Up
Geodatabase shape files in
State Plan Coordinate System as
specified by City GIS staff
C. City staff will review any documents or materials provided by the Consultant and, where
necessary, the Consultant will be required to respond to staff comments and make such
changes as deemed appropriate.
ALTERNATIVE PROPOSALS
9. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City's specification objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternative
and discuss under what circumstances the City would prefer one alternative to the other(s).
10. Attendance at Meetings and Hearings. When requested, the Consultant will attend public
meetings to present and discuss its findings and recommendations. Compensation for attendance
will be at the hourly rate.
11. Accuracy of RFQ. This specification is believed by the City to be accurate and to contain no
affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undert ake an
independent analysis of any test results in the specifications, as City does not guaranty the
accuracy of its interpretation of test results contained in the specifications package. In preparing
its proposal, the bidder and all subconsultants named in its proposal shall bear sole responsibility
for proposal preparation errors resulting from any misstatements or omissions in the plans and
specifications that could easily have been ascertained by examining either the project site or
accurate test data in the City's possession. Although the effect of ambiguities or defects in the
plans and specifications will be as determined by law, any patent ambiguity or defect shall give
rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any
such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be
considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and
diligence on its part, knew or should have known of the existence of the ambiguity or defect.
Furthermore, failure of the bidder or subconsultants to notify City in writing of specification or
plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects
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or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful bidder to achieve the specification’s objective or
standard beyond the amounts provided there for in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged
ambiguity or defect in the plans and/or specifications, or any other matter whatsoever,
Consultant shall immediately notify the City in writing, and the Consultant and all subconsultants
shall continue to perform, irrespective of whether or not the ambiguity or defect is major,
material, minor or trivial, and irrespective of whether or not a change order, time extension, or
additional compensation has been granted by City. Failure to provide the hereinbefore described
written notice within one (1) working day of consultant's becoming aware of the facts giving rise
to the dispute shall constitute a waiver of the right to assert the causative role of the defect or
ambiguity in the plans or specifications concerning the dispute.
SECTION D: FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by
and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H:
WHEREAS, on [date], City requested proposals for building & safety, engineering development
review, fire plan review and inspection services per Specification No. 2024-4006-01
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City
for said services;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be for five years from the date this Agreement is
made and entered, as first written above.
2. INCORPORATION BY REFERENCE. City Specification No. 2024-4006-01 and Consultant’s
proposal dated [date], are hereby incorporated in and made a part of this Agreement. To the extent that
there are any conflicts between the City’s specification and this Agreement and the Consultant’s proposal,
the terms of the City’s specification and this Agreement shall prevail, unless specifically agreed otherwise
in writing signed by both parties.
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4. INSURANCE: Consultant shall procure and maintain insurance as described in SECTION E.
5. START AND COMPLETION OF WORK. Work on this project shall begin within five calendar
days after contract execution. Individual projects shall be completed in accordance with approved project
schedules.
6. CONTRACT TERM FOR ON-CALL SERVICE CONTRACTS. The interim services requested
will be contracted for by the City on as needed basis and as requested in writing by the City. The City
reserves the right to use other contractors for the same or similar services or to request proposals for
similar services as needed while Consultant provides services.
7. WORK DELAYS. Should the Consultant be obstructed or delayed in the work required to
be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due
to federal government restrictions arising out of defense or war programs, then the time of completion
may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the
Consultant. In the event that there is insufficient time to grant such extensions prior to the completion
date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that
may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to
the reasons for such delay, and making a finding as to the causes of same.
8. TERMINATION. If, during the term of the contract, the City determines that the
Consultant is not faithfully abiding by any term or condition contained herein, or the Consultant’s work is
determined to be deficient, the City may notify the Consultant in writing of such defect or failure to
perform. This notice will give the Consultant a 10 (ten) calendar day notice of time thereafter in which to
perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in the
notice, such shall constitute a breach of the contract and the City may terminate the contract immediately
by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties,
obligations, responsibilities, or rights under the contract except, however, any and all obligations of the
Consultant’s surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any
manner waived by the termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus
any offset from such payment representing the City's damages from such breach. "Reasonable value"
includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or
completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for
any other work, services or goods performed or provided by the Consultant shall be based solely on the
City's assessment of the value of the work-in-progress in completing the overall work scope.
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The City reserves the right to delay any such payment until completion or confirmed abandonment of the
project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting
of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation
quoted in its proposal.
If, at any time during the term of the contract, the City determines that the proposed work is not feasible
due to funding shortages or unforeseen circumstances, the City reserves the right to terminate the
contract. Consultant will be paid compensation due and payable to the date of termination.
9. ABILITY TO PERFORM. The Consultant warrants that it possesses, or has arranged
through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry
out and complete the work hereunder in compliance with any and all applicable federal, state, county,
city, and special district laws, ordinances, and regulations.
10. SUB-CONTRACT PROVISIONS. No portion of the work pertinent to this contract shall be
subcontracted without written authorization by the City. Any substitution of sub-consultants must be
approved in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract
shall contain all provisions of this agreement.
11. CONTRACT ASSIGNMENT. The Consultant shall not assign, transfer, convey or otherwise
dispose of the contract, or its right, title or interest, or its power to execute such a contract to any
individual or business entity of any kind without the previous written consent of the City.
12. INSPECTION. The Consultant shall furnish City with every reasonable opportunity for City
to ascertain that the services of the Consultant are being performed in accordance with the requirements
and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the
City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its
obligations to fulfill its contract requirements.
13. RECORD RETENTION AND AUDIT. For the purpose of determining compliance with various
laws and regulations as well as performance of the contract, the Consultant and sub-consultants shall
maintain all books, documents, papers, accounting records and other evidence pertaining to the
performance of the contract, including but not limited to the cost of administering the contract. Materials
shall be made available at their respective offices at all reasonable times during the contract period and
for three years from the date of final payment under the contract. Authorized representatives of the City
shall have the option of inspecting and/or auditing all records. For Federally funded projects, access to
records shall also include authorized representatives of the State and Federal government. Copies shall
be furnished if requested.
14. CONFLICT OF INTEREST. The Consultant shall disclose any financial, business, or other
relationship with the City that may have an impact upon the outcome of this contract, or any ensuing
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construction project. The Consultant shall also list current clients who may have a financial interest in the
outcome of this contract, or any ensuing construction project which will follow.
The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct,
indirect or otherwise—that would conflict in any manner or degree with the performance of the work
hereunder. The Consultant further covenants that, in the performance of this work, no sub -consultant or
person having such an interest shall be employed. The Consultant certifies that no one who has or will
have any financial interest in performing this work is an officer or employee of the City. It is hereby
expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be
deemed an independent Consultant and not an agent or employee of the City.
15. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION. The Consultant warrants
that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration,
either promised or paid to any City employee. For breach or violation of the warranty, the City shall have
the right in its discretion; to terminate the contract without liability; to pay only for the value of the work
actually performed; to deduct from the contract price; or otherwise recover the full amount of such
rebate, kickback or other unlawful consideration.
16. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants by execution of this
contract that no person or selling agency has been employed, or retained, to solicit or secure this contract
upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies maintained by the
Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the
right to annul this contract without liability; pay only for the value of the work actually performed, or in
its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of
such commission, percentage, brokerage, or contingent fee.
17. COMPLIANCE WITH LAWS AND WAGE RATES. The Consultant shall keep itself fully
informed of and shall observe and comply with all applicable state and federal laws and county and City
of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work.
18. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that
the Consultant is required to pay.
19. PERMITS, LICENSES AND FILING FEES. the consultant shall obtain a city business
registration and pay the appropriate fees.
20. SAFETY PROVISIONS. The Consultant shall conform to the rules and regulations
pertaining to safety established by OSHA and the California Division of Industrial Safety.
21. IMMIGRATION ACT OF 1986. The Consultant warrants on behalf of itself and all sub -
consultants engaged for the performance of this work that only persons authorized to work in the United
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States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be
employed in the performance of the work hereunder.
22. CONSULTANT NON-DISCRIMINATION. In the award of subcontracts or in performance of
this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may
employ, to engage in discrimination in employment of persons on any basis prohibited by State or Federal
law.
23. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. To the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials,
employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages,
costs and expenses, including attorney’s fees and costs which arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant.
24. NON-EXCLUSIVE CONTRACT. The City reserves the right to contract for the services listed
in this proposal from other consultants during the contract term.
25. CONSULTANT ENDORSEMENT. Technical reports, plans and specifications shall be
stamped and signed by the Consultant where required.
26. OWNERSHIP OF MATERIALS. Upon completion of all work under this contract, ownership
and title to all reports, documents, plans, specifications, and estimates produced as part of this contract
will automatically be vested in the City and no further agreement will be necessary to transfer ownership
to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the
review and approval process.
27. RELEASE OF REPORTS AND INFORMATION. Any reports, information, data, or other
material given to, prepared by or assembled by the Consultant as part of the work or services under these
specifications shall be the property of the City and shall not be made available to any individual or
organization by the Consultant without the prior written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever,
regarding work performed or to be performed under this contract without prior review of the contents
thereof by the City and receipt of the City’s written permission.
28. CONSULTANT INVOICES. The Consultant shall deliver a monthly invoice to the City,
itemized by project title, plan check number and address. Invoice must include a breakdown of charges
by assigned project.
29. PAYMENT. For providing services as specified in this Agreement, City will pay and
Consultant shall receive therefore compensation in a total sum not to exceed the individual agreed upon
project fee.
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Charges shall be based on those quoted in the proposal. Charges for plan review shall be based on the
percentage of the City plan review fee as stipulated in the proposal, unless the City explicitly assigns the
project on an hourly basis. Charges for inspection services shall be based on the hourly rate as stipulated
in the proposal, unless the City explicitly assigns the project on a percentage basis.
30. PAYMENT TERMS. The City's payment terms are 30 days from the receipt of an original
invoice and acceptance by the City of the materials, supplies, equipment or services provided by the
Consultant (Net 30).
31. RESOLUTION OF DISPUTES. Any dispute, other than audit, concerning a question of fact
arising under this contract that is not disposed of by agreement shall be decided by a committee consisting
of the City’s Project Manager and the City Director of Community Development, who may consider written
or verbal information submitted by the Consultant. Not later than thirty days after completion of all
deliverables necessary to complete the plans, specifications and estimate, the Consultant may request
review by the City Council of unresolved claims or disputes, other than audit, in accordance with Chapter
1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of
the final audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved
audit issues. The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full
and timely performance in accordance with the terms of this contract.
32. AGREEMENT PARTIES.
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Consultant: FIRM NAME
Attn: Principal authorized to
sign
Address
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered
or certified mail addressed as shown above.
33. INCORPORATION BY REFERENCE. Consultant's letter proposal dated [date] is hereby
incorporated in and made a part of this Agreement.
34. AMENDMENTS. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the Community Development
Director.
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35. WORKING OUT OF SCOPE. If, at any time during the project, the consultant is directed to
do work by persons other than the City Project Manager and the Consultant believes that the work is
outside of the scope of the original contract, the Consultant shall inform the Project Manager
immediately. If the Project Manager and Consultant both agree that the work is outside of the project
scope and is necessary to the successful completion of the project, then a fee will be established for such
work based on Consultant's hourly billing rates or a lump sum price agreed upon between the City and
the Consultant. Any extra work performed by Consultant without prior written approval from the City
Project Manager shall be at Consultant's own expense.
36. COMPLETE AGREEMENT. This written agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties here to.
No oral agreement, understanding or representation not reduced to writing and specifically incorporated
herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation
be binding upon the parties hereto. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything
required by this Agreement, the said specification and incorporated documents. Failure by the Consultant
to carry out the requirements of this Agreement is a material breach of this agreement which may result
in the termination of this Agreement or such other remedy as the City deems appropriate.
37. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that
everyone executing this agreement on behalf of each party is a person duly authorized and empowered
to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS OBISPO:
By:
City Manager
APPROVED AS TO FORM:
City Attorney
CONSULTANT:
By:
Name of CAO / President
Its: CAO / President
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SECTION E: INSURANCE REQUIREMENTS
Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Consultant, its agents, representatives, employees or subconsultants.
Minimum Scope of Insurance. Coverage shaft be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shaft maintain limits no tess than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers;
or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Consultant; products
and completed operations of the Consultant; premises owned, occupied or used by the
Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
2. For any claims related to this specification, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
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3. The Consultant's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
SECTION F: PROPOSAL SUBMITTAL FORMS
The undersigned declares that she or he has carefully examined Specification No. 2024-4006-01 which is
hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent
the proposing firm; and agrees to perform the specified work for the following cost quoted in full:
PROPOSAL ITEM: Building, Engineering Development Review, and Fire Plan Review and Inspection
Services
Consultant Fee as a Percentage of Building Plan Check Fee %
Consultant Fee as a Percentage of Fire Plan Check & Inspection Fee %
Consultant Fee as a Percentage of Engineering Development Review Plan Check
Fee
%
Structural Only Plan Review as a Percentage of the Building Plan Check Fee %
Hourly Building Plan Review Fee
Hourly Fire Plan Review Fee
Hourly Engineering Plan Review Fee
Inspection Services upon request — Hourly Rate- Building
CASp Services upon request — Hourly Rate
Inspection Services upon request — Hourly Rate- Code
Inspection Services upon request — Hourly Rate- Fire
Inspection Services upon request — Hourly Rate- Engineering
Inspection Services upon request — Hourly Rate- Stormwater/NPDES
0 Certificate of insurance attached; insurance company’s A.M. Best rating:
Firm Name and Address
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Signature of Authorized Representative
TECHNICAL SPECIFICATION SUBMITTAL FORM:
The City is requesting proposals for Building, Engineering Development Review, and Fire Plan Review
Services based on the following Technical Specifications.
TECHNICAL SPECIFICATIONS — Building, Engineering Development Review, and Fire Plan Review Services
Instructions: Complete the right-hand column indicating that the specification is acceptable or explaining
an exception that you are proposing. Failure to complete the right-hand column may invalidate the
proposal.
1. Provide plan reviews of construction projects necessary to determine
compliance with all applicable building and fire codes, engineering
standards, and applicable laws.
2. SCOPE
A. Project, in general will consist of the examination, analysis, and review
of plans for various construction projects within the City in order to
determine compliance with all applicable construction regulations,
including but not limited to local building regulations and amendments, as
well as the California Building Standards Code (CAC Title 24), comprised of
the latest adopted editions of the model codes with State amendments,
and the State Housing Law (CAC Title 25) as adopted by the State of
California and the City of San Luis Obispo. Dependent upon each specific
project assigned, such plan reviews may consist of an examination of the
structural, electrical, mechanical, plumbing, energy conservation, green
building measures, fire and life safety, fire protection systems, hazardous
materials management plans, grading, drainage to include stormwater and
LID design requirements, geotechnical, onsite improvement, right-of-way
improvements, and disabled accessibility features of the proposed project.
Mapping projects may also be submitted for review for compliance with
the Subdivision Map Act.
Phone
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The City shall provide the consultant with copies of code amendments and
official code interpretations issued by the Building Official, Supervising Civil
Engineer or Fire Marshal. Related consultant services such as the
availability of certified inspection staff and/or a Certified Access Specialist
(CASp) pursuant to SB 1608 is highly desirable.
B. In regards to projects assigned by the Supervising Civil Engineer,
improvement plan review will include the review of plans submitted for
subdivision (residential) improvements, commercial developments, and
infrastructure improvements within the City’s right of way. The plans shall
be reviewed for conformance with local and other applicable (County,
State and Federal) ordinances and standards with a strict attention to
details. Plan check services may include, but are not limited to the
following:
• Evaluates plans and specifications for a variety of private
development projects; reviews the work of contract professional
and technical staff and coordinates their work with that of other
city departments, outside agencies, contractors and consultants.
• Grading Plans including mass grading, rough grading and precise
grading plans
• Street Improvement Plans including street widening, rehabilitation
and new street plans
• Storm Drainage Plans
• Hydrology and Hydraulic Calculations and Reports
• Traffic Plans including signing and striping plans, traffic detour,
staging, site plans and signal plans
• Engineer’s Cost Estimate for the related items of work for bonding
purposes
• Engineer’s Reports including but not limited to: Dust Control Plans,
Storm Water Pollution, Low Impact development and Best
Practices, Traffic Impact Studies, and Hydrology Studies
• Prevention Plans, and Special Traffic Reports
The tasks of the plan checker include:
• To check for design conformance to:
o The approved Tentative Map
o Related Specific Plans
o General Plan and City Ordinances
o Conditions of Approval
o City Standards
o ADA/Accessibility Standards
o The City’s Subdivision Plan Check List
o Other Agency Requirements such as APCD, County of San
Luis Obispo and CalTrans
• To review plans for sound engineering practices.
• To check for accuracy of design in conformance with the City’s
most current Plan Check List.
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• To check general mathematics and design criteria.
• To call for redesign of any portion of plans that:
o Will not function due to poor engineering.
o Is not consistent with the Approved Tentative Map or
Conditions of Approval.
o Will be potentially unsafe to the public.
o Impractical to construct
C. Inspections will include review and interpretation of approved
construction documents and inspection of construction for compliance
with the various applicable codes (listed under the plan check services
above). Inspections may include investigation of construction performed
without a permit to determine appropriate enforcement action required
to correct any violations that may exist including violations of City
Municipal Code Title 15 and Title 17 violations.
3. REQUIREMENTS
A. Consultant shall utilize employees to perform the plan reviews who are
certified as Plans Examiners through the International Code Council
(ICC) and who are provided with a reasonable degree of annual training
in accordance with the requirements of AB 717 (Health and Safety
Code 18965 et seq.). Consultant shall utilize employees to perform
inspections who are certified as required either by the International
Code Council, California Association of Code Enforcement Officers or
American Public Works Association and who are provided with a
reasonable degree of annual training in accordance with the
requirements of AB 717 (Health and Safety Code 18965 et seq.).
B. A California Registered Engineer or Licensed Architect employed by the
Consultant shall review the portion of plans that involve Engineering
design. A Registered Fire Protection Engineer shall review projects
involving fire protection systems or hazardous materials management
plans. A Licensed Land Surveyor or qualified Registered Civil Engineer shall
review mapping projects for compliance with the California Subdivision
Map Act.
C. The standard turn-around time for assigned plan reviews shall be 10
(ten) working days for the initial review and 5 (five) working days for
rechecks. Consultants shall pick up and deliver plans dai!v to the
Department unless the Building Official, Fire Marshal, or Supervising Civil
Engineer approves alternate arrangements. An overnight courier or postal
service may be used by the Consultant at their expense.
D. Projects shall be assigned at the sole discretion of the Building Official,
Fire Marshal, or Supervising Civil Engineer. The City may use its own
employee and/or other independent Consultants to perform plan reviews
in addition to any such work assigned to Consultant. The volume of plan
reviews is dependent upon economic conditions that are outside the
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control of the City. Consequently, there is no guarantee provided as to the
minimum or maximum volume of work that may be assigned to a
Consultant within any given time period.
E. In the course of the plan review process, the Consultant shall avoid
situations involving an actual or potential conflict of interest, shall act as
an agent and a deputy of the Building Official, Fire Marshal or City Engineer,
and shall act in the interest of the City and the citizens of San Luis Obispo.
Consultants shall provide no services for any private client within the
corporate boundaries of the City during the contract period.
F. Consultant shall have electronic plan review capabilities and offer these
services upon request.
4. COMPENSATION
A. Proposals shall include the consultant’s expected compensation
expressed as a percentage of the City’s plan review fee as
determined in accordance with the attached Schedule of Fees
(Attachment A). The proposals should also include the consultant’s
expected compensation for structural only plan reviews as a
percentage of the City’s plan review fee.
The consultant’s plan review fee shall be considered the full compensation
for all plan review performed through the second recheck. Thereafter, the
consultant may charge any additional plan review time at their agreed
upon hourly rate if the base plan review fee is not adequate to cover the
consultant’s cost for the review.
B. Projects not assigned a plan check fee by the Building Official, Fire
Marshal or Supervising Civil Engineer are to be billed by the
consultant to the City based on the hourly rate and the actual plan
check time in one-half hour increments. The consultant’s current
accumulated plan review hours, to be billable, must be specified
on each transmittal sheet accompanying the plans. The final
transmittal sheet accompanying the approved plans must indicate
the total accumulated hours. Hours not indicated on the
transmittal sheets shall not be billable and will not be paid by the
City.
C. The Building Official, Fire Marshal or Supervising Civil Engineer may
assign any plan review at an hourly rate rather than based on a
percentage of fees at his/her sole discretion.
D. The hourly rate for on-call Building inspection services shall be
specified.
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E. The hourly rate for on-call Code inspection services shall be specified.
F. The hourly rate for on-call Fire inspection services shall be specified.
G. The hourly rate for on-call Engineering inspection services shall be
specified.
H. The hourly rate for on-call Stormwater/NPDES inspection services shall
be specified.
1. The hourly rate for CASp services, if available, shall be specified.
J. The Consultant shall invoice each applicable department for services
rendered on a monthly basis.
QUESTIONS REGARDING TECHNICAL ASPECTS OF THIS RFQ SHOULD BE DIRECTED TO THE TECHNICAL
AUTHORITY LISTED BELOW.
Michael Loew, Chief Building Official
(805) 781-7157 mloew@slocity.org
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REFERENCES:
Number of years engaged in providing the services included within the scope of the specifications under
the present business name:
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide
the services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Agency Name
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Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in
it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes Q
If yes, explain the circumstances.
No Q
Executed on at under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
Signature of Authorized Proposer Representative
SECTION G: SCHEDULE OF PLAN CHECK AND INSPECTION FEES
1. Schedule of Plan Check and Inspection Fees- See Attachment A
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Note: It is City policy to adjust the fees attached on an annual basis based on the CPI. Any other
adjustments to the fees made by the City during the term of this contract will be subject to negotiation
with the selected consultant for the scope of work to be assigned at that time
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SECTION H: PROPOSERS LIST
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
NOTE: Not to be included with Bidder’s Package when mailed or handed out. This should be included
and referenced as an attachment to the Council Agenda Report or City Manager Report.
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