Bid Notice.pdf

City of South San Francisco Economic & Community Development and Fire

Departments

Request for Proposal for Professional Services to Include Administrative Services, Building Plan Check and Inspection Services, and Fire Plan Check and

Construction Inspection Services for the Term July 1, 2027 through June 30, 2030

For questions regarding this RFP, please contact:

Ian Hardage, Fire Marshal Email: Ian.Hardage@ssfca.gov

And Gary Lam, City Building Official

Email: Gary.Lam@ssfca.gov And

Melissa Anderson, Administrative Assistant I Email: Melissa.Anderson@ssfca.gov

City of South San Francisco Fire Department

Phone: (650) 829-3950

City of South San Francisco Economic & Community Development Department Phone: (650) 829-6620

Fire Prevention Inspection Services - Request for Proposal 2

All questions must be submitted by email no later than 5:00PM on October 30, 2026.

Deadline to submit a proposal is 5:00PM on November 20, 2026

Electronic bid submissions only.

Bidders shall create a FREE account with ProcureNow by signing up at https://secure.procurenow.com/signup.

Once you have completed account registration, browse back to this page, click on "Submit Response” and follow the instructions to submit the electronic bid.

Fire Prevention Inspection Services - Request for Proposal 3

1. Introduction Thank you for your interest in this Request for Proposal (“RFP”). The City of South San Francisco (“City”) intends to retain professional services consultant(s) (“Consultant” or “proposer”) to provide administrative services, building plan check and inspection services, fire plan check and fire construction inspection services, and other needed professional services. This document details the scope of service to be performed and outlines the evaluation and selection process.

2. Proposal Term The City of South San Francisco is requesting proposals from qualified firms to provide administrative services, plan review, inspection services and other needed professional services for an anticipated three-year term beginning July 1, 2027 and ending June 30, 2030. The City may, at its sole discretion, extend an agreement for up to two additional one-year periods, subject to satisfactory performance, available funding, and mutual written agreement.

The City intends to establish a coordinated pool of qualified professional consultants capable of supporting the Building Division and Fire Prevention Division as operational needs fluctuate. The City may award one or more agreements for all or portions of the services described in this RFP. Selection to the consultant pool does not guarantee any minimum amount of work, number of assignments, or compensation.

All proposals for plan review and inspection services shall be submitted to the City no later than 5:00 p.m.

on Friday, November 20, 2026. Interviews with selected firms, if conducted, are tentatively scheduled for mid- December 2026 or early January 2027, with the specific interview date to be determined by the City.

3. Proposal Submission

Interested firms should provide an electronic copy of its submittal via ProcureNow by November 20, 2026, no later than 5:00 PM (PST). Respondents shall create a free account with ProcureNow by signing up at https://secure.procurenow.com/signup. Once Respondents have completed account registration, click on "Submit Response", and follow the instructions to submit Proposal of this Request for Qualifications. All inquiries regarding the RFP shall be submitted via ProcureNow.

4. Background The City of South San Francisco is located in northern San Mateo County. The City is bordered by the cities of Daly City and Pacifica to the west; the San Francisco Bay to the east; the City of San Bruno to the south; and the cities of Daly City and Colma to the north. South San Francisco is strategically located within the corridors of two major highways (Interstate 280 and Highway 101) approximately 10 miles south of San Francisco. The City is conveniently located within a 10 minute drive of San Francisco International Airport. South San Francisco is approximately 9 square miles in size and has a diverse population.

South San Francisco has benefited from the substantial growth of the region in the last twenty years, including significant expansion of biotechnical firms in the area east of Highway 101, the construction of a BART Station at the northern end of the City, and a BART station just outside the southern City limit in the City of San Bruno. The biotech

Fire Prevention Inspection Services - Request for Proposal 4 industry has grown considerably and as a result, construction is a sizable amount of the Building Division’s and Fire Prevention Division’s workload.

South San Francisco proudly remains The Industrial City, a reflection of its steel mill and shipbuilding past, redefined to reflect the innovative, entrepreneurial, and industrious spirit which has made South San Francisco the Birthplace of Biotechnology..

5. City’s Objectives The City would like to contract with dependable firm(s) that can conduct external plan reviews and provide inspection services as needed by the Building Division and Fire Prevention Division. The City aims to provide timely, efficient and professional service responsive to the needs of the project applicants, building owners, contractors, and the City’s operational needs.

Because building and fire reviews frequently involve the same projects, the City seeks a Consultant that can coordinate building and fire review functions, minimize redundancy, and maintain consistent communication and interpretation of applicable codes. When Building and Fire interpretations or review comments conflict, the City Building Official and Fire Marshal, or their designees, will determine the City position and direct the Consultant accordingly.City

6. Scope of Services

6.1 General Services and Coordination

The City is seeking qualified Consultant(s) with experience in commercial and residential plan reviews including mixed-use, multi-story construction, complex tenant improvements, and complex biotechnology research & development projects. Plans often require quick turnaround to meet the needs of the building owner and contractor.

Inspection demand may also be high, with inspections required on short notice and weekends.

• Provide administrative and professional services as needed by the Building Divison and Fire Prevention Division.

• Provide staffing that can quickly increase, decrease, or otherwise adjust to the operational needs of the City.

• Provide a designated single point of contact for the overall contract, while maintaining appropriate points of contact for Building and Fire services.

• Coordinate with the City Building Official, Fire Marshal, and other designated City staff.

• Participate in ad-hoc meetings as requested by the Building Official or Fire Marshal.

• When applicable, coordinate building and fire reviews of the same project to minimize redundancy and increase consistency.

Performance Standards

• Respond to City emails and assignment requests within one (1) business day, even when a complete substantive response will require additional time.

• Maintain sufficient staffing and backup capacity to meet the turnaround and inspection standards established in this RFP.

• Use the City-designated permitting, document management, and communication systems, and maintain secure digital processes for transmitting plans, reports, and project information.

• Immediately notify the applicable City contract administrator of any anticipated delay and provide a recovery plan and revised completion date.

• Repeated failure to meet required service levels may be considered in future assignment decisions, contract renewal, or other remedies available to the City.

• Provide specialty technical services, when requested, including structural, accessibility, fire protection engineering, hazardous materials, smoke control, high-piled storage, complex laboratory/R&D, and other code-consulting expertise appropriate to the assignment.

Fire Prevention Inspection Services - Request for Proposal 5

6.2 Building Plan Review Services

The Consultant shall provide complete building plan review services, including structural items and accessibility, for commercial and residential projects, including mixed-use, multi-story construction and complex biotechnology research & development projects.

• Perform complete plan review including structural items and accessibility.

• Provide plan examination services for new submittals and resubmittals.

• Provide timely review and response to project applicants and City staff.

• Provide a fully functional web portal for digital reviews of plans.

• Provide CASp-certified personnel employed by the Consultant.

• Unless otherwise authorized by the City for a specific assignment, complete initial plan reviews within ten

(10) business days and resubmittal and accelerated plan reviews in five (5) business days.

6.3 Building Inspection Services

• Provide insp[ections by the next business day when requested before City-etsablished cutoff time. And provide weekend or other short-notice inspections when specifically requested and accepted by the Consultant.

• Provide inspection services for commercial and residential construction as requested by the Building Division.

• Provide inspection staffing responsive to fluctuating workload and short-notice requests, and submit inspection results to the City on the sam e business day the inspection is performed.

• Maintain clear communication, professional collaboration with City staff, responsiveness, consistent interpretation of codes, and accountability in the field.

6.4 Building Administrative and Professional Services

Other administrative and professional services needed might include administrative personnel such as City Building Official, Permit Technician, Plan Examiner, and other building division personnel as needed.

• Perform administrative duties such as those of a City Building Official, Permit Technician, Plan Examiner, and Administrative Assistant knowledgeable in the operation of a municipal government.

• Provide other building administrative and professional services as requested by the Building Division.

6.5 Fire Plan Review Services

The Consultant shall provide complete fire plan review services. The Consultant must have experience conducting Fire Department Plan Reviews of structural, non-structural, fire protection systems, fire alarm systems, hazardous materials storage and use, high piled storage, vegetation fuel modification, and all other types of plans required for submission to the fire department under the provisions of the California Fire Code.

• Perform complete fire plan review.

• Review commercial and residential plans, including multi-story construction and complex tenant improvements.

• Provide review of structural and non-structural fire-related components.

• Provide review of fire protection systems and fire alarm systems.

• Provide review of hazardous materials storage and use.

• Provide review of high piled storage.

• Provide review of vegetation fuel modification.

• Provide review of all other types of plans required for submission to the fire department under the provisions of the California Fire Code.

• Unless otherwise authorized by the City for a specific assignment, complete initial plan reviews within ten

(10) business days and resubmittal and accelerated plan reviews in five (5) business days.

• When expedited review is specifically authorized by the Fire Marshal, the review shall be completed within five (5) business days of assignment or receipt of a complete submittal, as directed by the City.

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6.6 Fire Construction Inspection Services

• Perform construction related inspections as needed.

• Provide inspections by the next business day when requested before the City-established cutoff time, and provide weekend or other short-notice inspections when specifically requested by Fire Prevention and accepted by the Consultant.

• Provide personnel with appropriate experience to perform fire construction inspections, coordinate with Fire Prevention staff, and submit inspection results to the City on the same business day the inspection is performed.

6.7 Fire Administrative and Professional Services

Other administrative and professional services needed might include administrative personnel such as Fire Marshal, permit technician, in-house plan checker and other Fire Prevention personnel as needed.

• Provide administrative support as needed.

• Provide other Fire Prevention administrative and professional services as requested.

• All communication between Consultant and the South San Francisco Fire Department will be coordinated through the Fire Marshal.

• Direct communication between the Consultant and fire permit applicants shall occur only as authorized by the Fire Marshal. Consultant communications requiring City direction or interpretation shall be referred to the Fire Marshal or designee..

6.8 Fire Staff Development and Training

• Consultant will provide quarterly training to Fire Prevention staff related to fire plan reviews as they relate to National Fire Protection Association standards.

• Training may include, but is not limited to, plan check reviews and state and federal code requirements.

• Staff trained may consist of Fire Prevention, Operations, Suppression and Training Divisions.

• Compensation for the instructor will be calculated at the hourly rate proposed for training services.

6.9 Personnel and Continuity

• The City and Fire Department will evaluate and choose Fire Plan Check reviewers to ensure consistency in plan reviews.

• Consultant will notify the Fire Marshal in advance of anticipated extended absences of assigned reviewers and identify a qualified alternate reviewer for City approval.

• The Fire Marshal will have prior approval of any change in the assigned fire plan reviewer.

• All people conducting fire plan reviews must possess the qualifications required by this RFP.

• All associates of Consultant that may be utilized for review of plans shall be identified in the proposal.

7. Minimum Qualifications The proposal shall describe how the Consultant meets the minimum qualifications for consideration:

• Consultant must have had at least ten (10) years’ experience in conducting Fire Department Plan Reviews of structural, non-structural, fire protection systems, fire alarm systems, hazardous materials storage and use, high piled storage, vegetation fuel modification and all other types of plans required for submission to the fire department under the provisions of the California Fire Code.

• The fire plan review process must be managed/supervised by a person with the level of experience consistent with that of a highly skilled Fire Marshal in a California Municipal or county fire department or fire protection district.

• All people conducting fire plan reviews must have a minimum of five (5) years of California fire plan review experience as a paid regular member of a municipal or county fire department or fire protection district.

• Consultant shall demonstrate qualifications to review fire plans and provide documentation of any professional certifications/licenses/degrees.

Fire Prevention Inspection Services - Request for Proposal 7

• Consultant shall identify all associates who may be utilized for review of plans and provide their qualifications and documentation of professional certifications/licenses/degrees.

• Consultant shall have qualified personnel capable of performing building plan review, including structural items and accessibility.

• Consultant shall have CASp-certified personnel employed.

• Consultant shall demonstrate experience providing similar administrative, plan review, and inspection services to governmental jurisdictions.

• Consultant shall bear reproduction costs, postage fees and transportation costs for plans between the City and Consultant when physical plan transfer is required.

8. Proposal Submittal Requirements Candidates shall submit proposals that thoroughly respond to the items listed below. The most effective proposal will address the issues in this section, while minimizing unnecessary elaborate presentation materials beyond that sufficient to present a complete and effective response. The proposal must be organized and presented in the exact order as outlined in this section:

1. Statement of Understanding

• Provide a summary of the firm’s proposed approach to typical plan review projects including a description of quality assurance and schedule control measures utilized.

• Describe how you will manage the efficient completion of concurrent tasks/projects.

• Describe how building and fire reviews will be coordinated when both are required for the same project.

• Describe the firm’s approach to customer service, communication, responsiveness, and maintaining consistent interpretation of codes.

2. Proposed Project Team Members

• Provide a brief description of the primary consultant and sub-consultants (if any), along with an organizational chart of the Project team.

• Designation of a single point of contact for the Project is required.

• Provide the role and relevant background experience of the primary individuals involved in the project, including a brief description of the qualifications of key personnel and responsibilities.

• Identify the personnel proposed for Building services and Fire services separately, including any proposed alternatives.

• Identify all Fire plan reviewers and associates who may be utilized.

3. References

• Include a minimum of three references from people, firms, or agencies that City staff may contact to verify the experience of the proposer.

• For Fire services, include documentation of current services provided to other governmental jurisdictions and a minimum of three letters of recommendation from governmental Fire/Building officials specifying the Consultant’s professional services provided.

4. Scope of Work and Fee Proposal

• Provide a detailed Project scope of work based on this RFP.

• Indicate the hourly rates that would be charged for the work performed by the Consultant principals and staff.

• Include all classifications of staff that could be provided to the City.

Fire Prevention Inspection Services - Request for Proposal 8

• Provide separate hourly rates, where applicable, for Building plan review, Building inspection, Building administrative services, Fire plan review, Fire construction inspection, Fire administrative services, and training.

5. City of South San Francisco Standard Consultant Agreement

• A copy of the City’s Standard Agreement will be attached and will be utilized for the project.

• Proposers interested in proposing on this RFP should be prepared to enter into the agreement under the standard terms and should be able to provide the required insurance.

• Objections or adjustments to the Standard South San Francisco Consultant Agreement must be noted in the proposal.

6. Duration of Proposal

• Proposals shall remain effective for 90 days beyond the submittal date.

9. Proposal Submission Interested firms should provide an electronic copy of their submittal via ProcureNow by November 20, 2026, no later than 5:00 PM (PST). Respondents shall create a free account with ProcureNow by signing up at https://secure.procurenow.com/signup. Once Respondents have completed account registration, click on "Submit Response", and follow the instructions to submit Proposal of this Request for Qualifications. All inquiries regarding the RFP shall be submitted via ProcureNow.

10. RFP Process Timeline The anticipated schedule for selecting a consulting firm for this project is as follows:

RFP Published October 14, 2026

Questions Due October 30, 2026

Responses published November 6, 2026

Proposals Due November 20, 2026, at 5:00 pm

City Review of Proposals Estimated 2 weeks.

Interviews of selected firms December 7, 2026, may be subject to change

Award of Contract January 27, 2027, pending City Council Approval

11. Evaluation Process Consultant(s) will be selected based on demonstrated competence, professional qualifications, capacity, approach, past performance, and cost. The City may select multiple firms to establish a consultant pool. Cost is one factor and the agreement need not be awarded to the lowest-cost proposer.

A selection panel formed by the City will evaluate the proposals submitted and assign each a ranking. Following are the criteria for evaluation of the proposals, with the assumption that all minimum requirements have been met.

Consultants should address these criteria in their proposal.

Criteria Points A. Technical approach and responsiveness to the scope of work 25 B. Specialized experience relevant to the requested services 20 C. References and demonstrated performance 5

Fire Prevention Inspection Services - Request for Proposal 9

D. Proposed team, qualifications, and key personnel 15 E. Cost / fee proposal 10 F. Quality assurance and schedule control 10 G. Capacity and availability 10 H. Technology and digital workflow 5

After the submittals are evaluated and ranked, the City, at its sole discretion, may elect to interview one or more respondents. Please note that respondents may be asked to submit additional documentation at or after the interview stage. In addition, the City reserves the right to select a proposal without conducting interviews.

If the City chooses to conduct interviews, the review panel may evaluate the same factors used for the written proposal together with the proposer’s demonstrated understanding, responsiveness, proposed team, and ability to meet the City’s service expectations.

If a final top-ranked consultant(s) is identified, it will be to the most qualified respondent Consultant(s) with whom City is able to successfully negotiate the compensation and terms and conditions of any and all agreements. If the City is unable to negotiate a satisfactory agreement, with terms and conditions the City determines, in its sole judgment, to be fair and reasonable, the City may then commence negotiations with the next most qualified candidate in sequence, until an agreement is reached or determination is made to reject all submittals.

Once the final recommended Consultant(s) are selected, staff will make a recommendation to the City Council. Final selection of Consultant(s), award of contract, terms and conditions of any agreements, and authority to proceed with these services shall be at the sole discretion of the City Council.

12. Consultant Pool and Assignment Process The City may award agreements to multiple qualified firms. Individual assignments may be issued by written task authorization, work order, or other City-approved direction. In assigning work, the City may consider subject-matter expertise, availability, workload, past performance, continuity, responsiveness, schedule, and cost. No selected Consultant is guaranteed a minimum volume, value, frequency, or share of assignments, and the City may perform work with City staff or assign work to another qualified consultant when determined to be in the City’s best interest.

13. General Conditions Potential proposers are advised to become familiar with all conditions, instructions, and specifications of this RFP, including the City’s standard Consultant Services Agreement, attached hereto and incorporated herein. By submitting a proposal, Consultant represents and warrants that it has thoroughly examined and is familiar with work required under this RFP, that Consultant has conducted such additional investigation as it deems necessary and convenient, that Consultant is capable of providing the services requested by the City in a manner that meets the City’s objectives and specifications as outlined in this RFP, and that Consultant has reviewed and inspected all materials submitted in response to this RFP. Once the Consultant has been selected, a failure to have read the conditions, instructions, and specifications herein shall not be cause to alter the contract or for Consultant to request additional compensation.

The selected Consultant shall be prohibited from assigning or subcontracting the whole or any part of the contract without the prior written consent of the City. Consultant shall operate as an independent contractor and will not be considered employee(s) of the City. Selected Consultant will be paid on actual invoices as work is completed as provided in written contract.

Consultant shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990 as enacted and from time to time amended and any other applicable federal, state, or local laws and regulations. A

Fire Prevention Inspection Services - Request for Proposal 10 signed, written certificate stating compliance with the Americans with Disabilities Act may be requested at any time during the life of the contract with the City or any renewal thereof.

14. Non-Discrimination Requirement By submitting a proposal, the Consultant represents that it and its subsidiaries do not and will not discriminate against any employee or applicant for employment on the basis of race, religion, sex, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related conditions, political affiliations or opinion, age or medical condition.

15. Conditions of Proposal Acceptance The RFP is not an offer by the City to contract with a Consultant responding to this RFP. This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this RFP, or to procure or contract for any services. The City reserves the right to waive any irregularities or informalities contained within this RFP, and/or reject any or all proposals received as a result of this request; negotiate with any qualified proposer or to cancel the RFP in part or whole. The City reserves the right to request additional information and/or clarifications from any or all responders to this RFP.

All proposals and material submitted will become the property of the City of South San Francisco and included as a part of the final services contract between City and Consultant, and will not be deemed confidential or proprietary. In the event that a proposer desires to claim portions of its proposal as exempt from disclosure as proprietary material or trade secret, it is incumbent upon the proposer to clearly identify those portions as proprietary or trade secret.

Please note that although the California Public Records Act recognizes certain confidential proprietary/trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a proposer submits is a trade secret or proprietary. If a request is made for information marked trade secrete or proprietary, and a requester takes legal action seeking release of the materials it believes does not constitute proprietary or trade secret information, by submitting a proposal in response to this RFP, a proposer agrees to indemnify, defend and hold harmless the City, its officials, representatives, agents and employees, from any judgment, fines, penalties, and award of attorneys’ fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City’s award of the contract.

The City of South San Francisco reserves the right to award in whole or in part, by item or group of items, when such action serves the best interest of the City. The City and Consultant may agree to add additional work to the agreement (Attachment A) by mutual agreement at a later date. The City may elect to stop work at any time in the contract and will pay for work completed to that point on a time and material basis.

Attachment:

1. City of South San Francisco Standard Consultant Agreement

Consulting Services Agreement between [Rev:11.14.2016] DATE City of South San Francisco and _______________ Page 1 of 16

ATTACHMENT 1

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF SOUTH SAN FRANCISCO AND

NAME OF CONSULTANT

THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and _______________ (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2027 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall commence July 1, 2027 and continue through June 30, 2030, unless earlier terminated in accordance with this Agreement. At the City’s sole discretion, and subject to satisfactory Consultant performance, availability and appropriation of funds, and execution of a written amendment, the City may extend the Agreement for up to two (2) additional one-year periods. Nothing in this Agreement obligates the City to exercise either extension option.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.

1.5 Task Authorizations and Assignment of Work. Services under this Agreement shall be performed only when authorized by the City. The Contract Administrator may issue written Task Authorizations, Work Orders, permit review assignments, inspection assignments, or other written direction identifying the services to be performed. Each

City of South San Francisco and _______________ Page 2 of 16 assignment may identify, as appropriate, the scope of services, assigned personnel, schedule, deliverables, compensation basis, not-to-exceed amount, and applicable performance requirements. Consultant shall not commence work or incur costs for an assignment until authorized by the City. Work performed without authorization shall be at Consultant’s sole risk and expense. The City is under no obligation to issue any Task Authorization or assignment under this Agreement.

1.6 Order of Precedence. In the event of a conflict or inconsistency among the contract documents, the following order of precedence shall apply: (1) executed amendments to this Agreement; (2) this Agreement; (3) City-issued Task Authorizations or Work Orders;

(4) Exhibit A - Scope of Services and Performance Standards; (5) the City’s RFP and City-issued addenda; (6) Exhibit B - Compensation Schedule; and (7) Consultant’s proposal.

Consultant’s proposal shall not modify or supersede City requirements unless expressly incorporated by the City in writing.

Section 2. COMPENSATION. Consultant shall be compensated only for services specifically authorized by the City and satisfactorily performed in accordance with this Agreement, an approved Task Authorization, Work Order, permit review assignment, inspection assignment, or other written authorization issued by the Contract Administrator. Execution of this Agreement and inclusion of Consultant in the City’s consultant pool does not guarantee Consultant any minimum amount of work, number of assignments, frequency of assignments, percentage or share of City work, or minimum compensation. The City may assign work to Consultant, another consultant within the City’s consultant pool, City staff, or another qualified provider, in the City’s sole discretion. Compensation shall be based upon the rates contained in Exhibit B and shall not exceed the amount authorized for the applicable assignment without prior written authorization from the City. The total amount payable under this Agreement shall not exceed the amount authorized by the City Council or other authorized City official, as may be amended from time to time.

Any contract maximum constitutes a maximum authorization only and does not constitute a commitment or guarantee by the City to expend any portion of that amount.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.0.1 Appropriation and Availability of Funds. The City’s payment obligations and continuation of services are subject to the appropriation and availability of funds. Nothing in this Agreement obligates the City to appropriate funds for any future fiscal year, issue any assignment, or exercise any extension option.

2.1 Invoices. Consultant shall submit invoices not more often than once per month for services satisfactorily performed and authorized reimbursable expenses incurred. Each invoice shall identify the applicable Task Authorization, permit, project, Work Order, or assignment and shall include, as applicable:

Applicable Task Authorization, permit, project, Work Order, or assignment number;

Beginning and ending dates of the billing period;

City of South San Francisco and _______________ Page 3 of 16

Name and classification of each person performing the work, hours worked, approved hourly rate, and a brief description of services performed;

Authorized reimbursable expenses, including supporting documentation when requested;

Amount previously billed for the assignment, amount billed for the current period, and remaining authorized balance, where applicable; and

Consultant’s certification or signature attesting that the invoiced services were authorized and satisfactorily performed.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost.

2.3 Assignment Closeout and Final Payment. No retainage shall apply unless specifically stated in an authorized Task Authorization. Upon completion of an assignment, Consultant shall submit all required work product and a final invoice for that assignment. City shall pay amounts due for satisfactorily completed and authorized services in accordance with Section 2.2.

2.4 Total Payment and Assignment Limits. City shall pay only for services specifically authorized and satisfactorily performed. Consultant shall not exceed the authorized amount of any Task Authorization, Work Order, permit review assignment, inspection assignment, or other written authorization without prior written approval from the Contract Administrator. When Consultant anticipates that additional effort may be required, Consultant shall notify the Contract Administrator before reaching eighty percent (80%) of the applicable not-to-exceed amount and shall not perform work beyond the authorized amount until additional authorization is issued.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B.

2.6 Reimbursable Expenses. Unless specifically authorized in writing by the City, Consultant’s approved hourly rates shall be fully burdened and inclusive of all ordinary costs of

City of South San Francisco and _______________ Page 4 of 16 performing the services, including routine travel, local mileage, postage, reproduction, telecommunications, software, equipment, administrative overhead, and similar expenses. Extraordinary reimbursable expenses shall be payable only when authorized in advance by the Contract Administrator and shall be reimbursed at actual cost without markup unless otherwise stated in Exhibit B. Reimbursable expenses are subject to the applicable assignment and Agreement not-to-exceed limits.

2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Consultant must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit _C___. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Consultant’s withholding duty to City upon request. .

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2.9 Authorization to Perform Services. Consultant is not authorized to perform services or incur costs under this Agreement except pursuant to a Task Authorization, Work Order, permit review assignment, inspection assignment, or other written authorization from the Contract Administrator or designee.

2.9.1 Rate Adjustments. Rates in Exhibit B shall remain firm through June 30, 2028. Thereafter, Consultant may request a rate adjustment no more than once in each fiscal year. Any adjustment is subject to prior written City approval and shall not apply retroactively.

Unless otherwise approved by the City, any approved adjustment shall be limited to the lesser of the percentage change in the applicable Consumer Price Index for the preceding twelve-month period or three percent (3%).

2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Consultant to each worker.

An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections

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1770 1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant.

a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.

b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.”

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.

Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

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4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.

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c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage.

d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except…