HomeMy WebLinkAboutItem 06 - Agreement with Ascent Environmental (Resilient San Luis Obispo) Department Name: Community Development
Cost Center: 4001
For Agenda of: April 21, 2020
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Teresa McClish, Special Projects Manager
SUBJECT: AGREEMENT WITH ASCENT ENVIRONMENTAL TO PREPARE THE
COMPREHENSIVE HAZARD AND VULNERABILITY ASSESSMENTS
AND ADAPTATION STRATEGIES FOR THE GENERAL PLAN SAFETY
ELEMENT (RESILIENT SAN LUIS OBISPO)
RECOMMENDATION
Authorize the Community Development Director to enter into an agreement (Attachment A) with
Ascent Environmental in the amount of $287,500 (grant funded) to prepare the comprehensive
hazard and vulnerability assessments and adaptation strategies (Attachment B) for the General
Plan Safety Element update funded through the Caltrans Climate Change Adaptation Grant,
“Resilient SLO.”
DISCUSSION
Background
In May 2019 the City was awarded a climate change adaptation grant from Caltrans titled,
“Resilient San Luis Obispo” for $435,250 with a local in-kind staff time match valued at
approximately $56,400 over a three-year period. The staff time match has been allocated to
implement objectives and work program tasks in the Climate Action and Housing Major City
Goals in the 2019- 21 Financial Plan, including an update to the Safety Element of the General
Plan. The grant will fund consultant assistance to conduct a comprehensive assessment of the
community’s vulnerability to the impacts of climate change and support the update to the Safety
Element of the General Plan to include a strong adaptation and resilience focus.
On January 21, 2020, the Council approved a contract with the Local Government Commission
(LGC) to support much of the work. LGC is a co-applicant on the grant and their contract was
required to formalize the roles and responsibilities associated with work under the grant.
On February 10, 2020 the City released a Request for Proposals (RFP) for work emphasizing the
hazard and vulnerability assessments and adaptation strategy work, including technical modeling
and analyses for the project (Attachment C). Three proposals were received on the due date of
March 2, 2002. A team of reviewers was assembled that included staff from Pubic Works,
Engineering, the Office of Sustainability, Planning, and LGC, as well as representatives from
another City and the private sector. Ascent was selected after proposals and interviews were
rated.
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Approval of the contract will allow Ascent to begin work on the project in coordination with the
LGC and City staff on preparation of the comprehensive hazard and vulnerability assessments
and adaptation strategies for the General Plan Safety Element update.
Previous Council or Advisory Body Action
On October 15, 2018, Council authorized staff to submit a grant application for this program and
further affirmed a commitment to updating the Safety Element of the General Plan as part of the
2019- 21 budget, as approved on June 3, 2019. On August 20, 2019, Council approved a
resolution accepting the Caltrans Climate Change Adaptation Planning Grant. On January 21,
2020 the Council awarded a contract with the LGC.
Policy Consistency
Major City Goals
The Climate Action and Housing core priority Major City Goals in the 2019- 21 Financial Plan
include an update to the Safety Element of the General Plan.
Safety Element
State law requires policies in a safety element to identify hazards and emergency response
priorities, as well as mitigation through avoidance of hazards by new projects and reduction of
risk in developed areas. As California confronts mounting climate change impacts, local
governments are now required, in accordance with Senate Bill 379, to include a climate change
vulnerability assessment, measures to address vulnerabilities, and comprehensive hazard
mitigation and emergency response strategies. AB3065 and SB 1241 require safety element
requirements for state responsibility areas and very high fire hazard severity zones. There are
also several closely related statutory requirements with most General Plan elements, specifically,
the Land Use, Conservation and Housing Elements.
Consistency COVID-19 Orders and Current Fiscal Contingency Plan.
This activity, safety planning and building community resiliency, is presently allowed under the
State and Local emergency orders associated with COVID-19. Work products, timelines and
88.53% grant funds and 11.47% in-kind staff match for this Project have been approved through
a Restricted Grant Agreement with Caltrans.
Public Engagement
The update to the Safety Element of the General Plan is included as a work task in the 2019- 21
Climate Action Major City Goal (MCG) and Housing MCG. The MCGs were developed as part
of an extensive and comprehensive public engagement process.
CONCURRENCE
The Office of Sustainability secured this grant and are working with Community Development
on the project and the MCG work task and concurs with this report.
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ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019-20
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund
State $287,500 $287,500 $0
Federal 0
Fees 0
Other: 0
Total $287,500 $287,500 $0
This project is supported by a $435,250 grant from Caltrans. The Agreement for LGC’s services
encumbers $147,750 of the grant. The Agreement for Ascent Environmental encumbers the
remaining grant funds ($287,500). The $56,000 required grant match from the City is provided
through staff time including the project manager in Community Development, support staff from
the Office of Sustainability and the Fire Department, and support staff throughout the City over
the three year project and is included in the existing City Financial Plan.
ALTERNATIVES
Council could choose not to authorize the agreement. Staff does not recommend this action as
this would require significant staff resources to manage the grant and prepare the General Plan
Safety Element update, without valuable technical expertise offered through Ascent
Environmental.
Attachments:
a - Agreement with Ascent Environmental
b - COUNCIL READING FILE - Exhibit A to Agreement with Ascent Environmental
c - Request for Proposals
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Agreement Page 1
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this _____day of ______,
2020 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City,
and Ascent Environmental hereinafter referred to as Contractor or Consultant.
W I T N E S S E T H:
WHEREAS, on August 20, 2019, the City Council accepted a Climate Change Adaptation Grant (Grant)
from the California Transportation Commission in order to conduct an assessment of the commun
to the impacts of climate change and update the Safety Element of the General Plan to include a strong adaptation
and resilience focus.; and
WHEREAS, on January 21, 2020, they City Council approved a contract with the Local Government
Commission, a co-applicant on the grant,for a portion of the work required for the project including support for
project management, an audit of current adaptation policies, a capacity and coordination assessment and community
outreach and education along with subject-matter expertise throughout the duration of the project ;
WHEREAS, The City distributed a Request For Proposals for the project on February 10, 2020 to prepare
the hazard and vulnerability assessments and adaptation strategies in support of the General Plan Safety Element
update;
WHEREAS, after a competitive selection process, the City wants to engage the services of Ascent
Environmental for the project as outlined in the Request for Proposals; and
WHEREAS, Contractor is qualified to perform this type of service and has submitted a cost proposal to do
so which has been accepted by City.
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 from the date this Agreement is made and entered,
as first written above, until as first written above, until acceptance or completion of said services.
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Agreement Page 2
2.INCORPORATION BY REFERENCE The Contractor scope of work incorporated in and
made a part of this Agreement a ttached as Exhibit A. The City conditions are hereby incorporated in an
made a part of this Agreement as Exhibit B. The City insurance requirements and contractor s proof of insurance
are hereby incorporated in and made part of this Agreement attached as Exhibit C. To the extent that there are any
conflicts between the Contractor scope of work and the City rms and conditions, the City
conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties.
3.CITY'S OBLIGATIONS. For providing services as specified in this Agreement,City agrees to
cooperate with Consultant in the completion of the work described in the Scope of Work attached her eto and
incorporated by reference. City will pay and Consultant shall therefore receive payments in accordance with that
scope of work for the total sum of $287,500.
4.CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide all specified
services as set forth in the Scope of Work attached hereto and incorporated herein by this reference. Consultant may
not amend the Scope of Work, either to modify provisions or to add or delete provisions, without prior written
consent of the City's Project Manager.
5.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 authorized agent of the City, in compliance with
City policies.
6.COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. 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.
7.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City City of San Luis Obispo
919 Palm Street
San Luis Obispo,CA 93401
Attn: Michael Codron, Community Development Director
Contractor Ascent Environmental
455 Capitol Mall, Suite 300
Sacramento, CA 95814
Attn: Honey Walters, Principal
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Agreement Page 3
8.AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and em powered to execute
Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrumen t to be executed the day and year
first above written.
CITY OF SAN LUIS OBISPO, A Municipal Corporation
By:_____________________________________
Heidi Harmon, Mayor
ATTEST:
_______________________________
City Clerk
APPROVED AS TO FORM:Ascent Environmental
________________________________By: _____________________________________
City Attorney
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EXHIBIT B
GENERAL TERMS AND CONDITIONS
1.Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages and amounts specified in Section E of
paragraph 2 of the Agreement, unless changes are otherwise approved and agreed to in writing
between the parties. If the Agreement is entered into outside of a Request for Proposal,
Contractor shall provide proof of insurance in the form in the form coverages and amounts
specified in Exhibit B
2.Business License & Tax. The Contractor must have a valid City of San Luis Obispo
business license & tax certificate before execution of the contract. Additional information
-7134.
3.Ability to Perform. The Contractor 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.
4.Laws to be Observed. The Contractor 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.
5.Payment of Taxes. The contract prices shall include full compensation for all taxes that
the Contractor is required to pay.
6.Permits and Licenses. The Contractor shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary.
7.Safety Provisions. The Contractor shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
8.Public and Employee Safety. W
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.
9.Preservation of City Property. The Contractor shall provide and install suitable
safeguards, approved by the City, to protect City property from injury or damage. If City
good as when the Contractor began work.
10.Immigration Act of 1986. The Contractor warrants on behalf of itself and all
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subcontractors 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.
11.Contractor Non-Discrimination. In the performance of this work, the Contractor
agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in
discrimination in employment of persons because of age, race, color, sex, national origin or
ancestry, sexual orientation, or religion of such persons.
12.Work Delays. Should the Contractor 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
periods as may be agreed upon by the City and the Contractor. 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.
13.Payment Terms.
invoice and acceptance by the City of the materials, supplies, equipment, or services provided by
the Contractor (Net 30).
14.Inspection. The Contractor shall furnish City with every reasonable opportunity for City
to ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done, and all materials furnished, if any,
nspection and approval. The inspection of such work shall not
relieve Contractor of any of its obligations to fulfill its contract requirements.
15.Audit. The City shall have the option of inspecting and/or auditing all records and other
written materials used by Contractor in preparing its invoices to City as a condition precedent to
any payment to Contractor.
16.Interests of Contractor. The Contractor 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 Contractor further covenants that, in
the performance of this work, no subcontractor or person having such an interest shall be
employed. The Contractor 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 Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
17.Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by
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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,
action, claims, liabilities, obligations, judgments, or damages, including reasonable legal
f the operations
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
including reasonable legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services
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
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,
burse the
City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of
such claims.
(c) Design Professional Services
Scope of Services require Consultant t
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
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,
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
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ever,
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.
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.
18.Contract Assignment. The Contractor 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.
19.Termination for Convenience. The City may terminate all or part of this Agreement for
any or no reason at any time by giving 30 days written notice to Contractor. Should the City
terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or
off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total
purchase price; (b) for custom products, the less of a reasonable price for the raw materials,
components work in progress and any finished units on hand or the price per unit reflected on
this A
will be the lesser of a reasonable price for the services rendered prior to termination, or the price
for the services reflected on this Agreement. Upon termination notice from the City, Contractor
progress and finished goods.
20.Termination. If, during the term of the contract, the City determines that the Contractor
is not faithfully abiding by any term or condition contained herein, the City may notify the
Contractor in writing of such defect or failure to perform. This notice must give the Contractor a
10 (ten) calendar day notice of time thereafter in which to perform said work or cure the
deficiency.
If the Contractor 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 Contractor to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
and
effect, and shall not be extinguished, reduced, or in any manner waived by the terminations
thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs u
milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in
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the Agreement payment schedule; compensation for any other work, services or goods
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
full and complete accounting of costs. In no event, however, shall the Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
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1
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
REQUEST FOR PROPOSALS
Resilient San Luis Obispo: Comprehensive Vulnerability Assessment and
Adaptation Strategy in Support of the General Plan Safety Element Update
Specification No. 2020-1000145
RFP Issued: February 10, 2020
Proposals Due: March 2, 2020 at 3:00 PM PST
City of San Luis Obispo in partnership with Local Government Commission is requesting sealed
proposals for the following purpose according to the terms and conditions attached for
Specification No. 2020-1000145. The purpose of this Request for Proposal is to solicit bids from
qualified entities with in-depth expertise on and experience in developing vulnerability
assessments and adaptation plans. The Consultant’s primary tasks will be to prepare a
Comprehensive Vulnerability Assessment and to develop an Adaptation Strategy in support of
the General Plan Safety Element Update. Proposals shall not exceed $287,500.
All firms interested in receiving further correspondence regarding this RFP will be required to
complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml). Specification packages and additional information may be
obtained by contacting Teresa McClish at (805) 783-7840, or via email at tmcclish@slocity.org.
An optional pre-proposal teleconference will be held on February 18, 2020 to answer any
questions that the prospective proposers may have regarding the City’s request for proposals.
All proposals must be received electronically in BidSync by the Finance Division by
March 2, 2020 at 3:00 PM Proposals received after said time may not be considered. The
preferred method of submission is electronically via BidSync. If you wish to send a hard copy 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, project number, proposer
name, and time and date of the proposal opening. Proposals shall be submitted using the forms
provided in the project package.
This project is funded through a Caltrans SB-1 Climate Adaptation Planning Grant awarded to
City of San Luis Obispo. Local Government Commission is a grant subrecipient and will assist
with the management and implementation of this project in coordination with the City.
ACTIVITY PROPOSER CITY SCHEDULE
RFP Release X February 10, 2020
Pre-Proposal Conference (optional) X February 18, 2020, 3:30 - 4:30 PM
Responses due X March 2, 2020, 3:00 PM
Interview consultants (If needed) X X March 9-12, 2020
Consultant selection X March 19, 2020
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2
Contract execution and start work X X April 28, 2020
TABLE OF CONTENTS
A. Introduction 1
Project Background 1
Project Team 3
Project Scope 4
B. Proposal Requirement and Evaluation
General Terms and Conditions
Proposal Content
Proposal Evaluation and Consultant Selection
Contract Award and Execution
Contract Performance
C. Form of Agreement
D. Insurance Requirements
E. Proposal Submittal Forms
References
Past Contract Disqualifications
G. Informational Resources
Caltrans Grant Agreement
General Plan
Waterway Master Plan
City Flood Control Program
City Active Transportation Plan Status
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Section A
INTRODUCTION
1. PROJECT BACKGROUND
The City of San Luis Obispo’s transportation network is critical for regional and statewide
connectivity, including all north/south traffic on Highway 101 and State Route 1. With the City
serving as the region's economic hub with connectors to surrounding communities, risks to the
transportation system have significant implications for people's livelihood and safety, particularly
for the large parts of the City that are considered low-income under AB 1550’s designation.
Recent studies, particularly the Central Coast Region Report (2018) completed as part of
California’s Fourth Climate Change Assessment, reveal that the City (and the region as a
whole) are at risk or can anticipate increased risks including exposure to wildfire, a 7-8 degree
annual average maximum and minimum temperatures by the end of century relative to the
historical period, an average of 26-50 extreme heat days between 2070-2099, and changing
precipitation patterns. Known hazards are just the tip of the iceberg of exposures to climate-
related hazards faced by the City and its transportation system, as risks are expected to grow
as the result of climate change and shifting transportation needs and systems. Furthermore,
with the risk of wildfire and flooding increasing in severity and frequency over time, the City must
ensure that the transportation system is prepared and adapted to serve as reliable evacuation
routes - not just for City residents, but for surrounding communities and the region at-large.
Resilient San Luis Obispo aims to take a comprehensive approach to transportation and
community adaptation for the City and its regional connections. This project takes a data-driven
approach, utilizing best-available science with robust community engagement, to integrate
activities along the adaptation planning continuum and address a variety of community
sustainability and resilience objectives, including:
• Adopting a comprehensively updated Safety Element of the General Plan based on
best-available climate science that provides a broad and effective policy framework for
reducing the City’s transportation system’s risk to the impacts of climate change.
• Identifying and assessing vulnerabilities across the City’s existing and planned
transportation system, physical assets, and social and economic conditions to identify
current and projected areas of risk and vulnerability.
• Engaging residents and stakeholders, particularly from low-income, disadvantaged, and
hard-to-reach populations, to gather input on key vulnerabilities to address and priority
adaptation measures to pursue.
• Informing residents and stakeholders of current and future climate vulnerabilities, as well
as adaptation best practices that can be pursued at the community or individual level.
• Identifying the City committees and bodies responsible for transportation, public health
and safety, and community resilience, as well as community organizations working on
climate change issues, and assess their capacity and understanding of adaptation and
resilience.
• Identifying and prioritizing adaptation strategies across transportation, public health and
safety, and community resilience sectors that can respond to existing and projected risks
and evaluating each adaptation measure based on impact and feasibility.
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• Developing an Integration Guide and Work Plan that identifies resources and staffing
requirements and assignments for implementation of the Adaptation Plan and aiming to
apply model policies and ordinances and integrate adaptation considerations into the
City’s budgeting process.
2. PROJECT TEAM
City of San Luis Obispo (City) is the grant recipient and has the prime agreement with
Caltrans. The City is providing staffing support for the project and will have overall responsibility
for the project. The City will review grant products and perform grant administration functions
including executing sub-contracts with Consultant(s). Staff will coordinate with project partners
and other key stakeholders, provide data and policy documents, participate in community and
local agency workshops, review all work products, direct revisions, and oversee the overall
project with assistance from the Local Government Commission.
Teresa McClish, Special Projects Manager, is the project lead for the City and will be assisted
by City staff from the Office of Sustainability, and the Community Development and Fire
Departments.
Local Government Commission (LGC) will assist with overall project management and
coordination of the project. LGC will lead the audit of adaptation policies under Task 3, support
the development of a Public Safety/Adaptation Plan and Implementation Guide under Task 4,
lead a capacity and coordination assessment under Task 6, and provide subject-matter
expertise throughout the duration of the project. LGC will also place a CivicSpark Fellow locally
with the City to support various aspects of the project.
Julia Kim, Director of Climate and Energy Programs, is the project lead for the LGC. LGC will
serve as the overall project manager for the Resilient San Luis Obispo project
Consultant(s): The selected Consultant (or team of consultants) will work collaboratively with
all project partners and lead all aspects of Task 2, which includes assessing current and future
hazards and conducting a comprehensive vulnerability assessment, and Task 5, which includes
developing a menu of adaptation strategies and an update to the safety element of the City’s
general plan. Additionally, at a minimum, the Consultant is also expected to work with project
partners to ensure alignment and coordination across all project activities and deliverables, and
will be asked to participate in community engagement and education activities, support the
design of agency capacity building activities, and provide expert review of other project
deliverables.
Additional partners will be engaged throughout the implementation of the project, including
San Luis Obispo Council of Governments (SLOCOG), other local, regional, and State agencies,
community-based organizations, and various subject-matter experts.
3. PROJECT SCOPE
Successful proposals will address all aspects of the Consultant-led tasks included in the Full
Project Scope below and identify opportunities for further enhancement and engagement on
tasks led by the City or LGC based on the Consultant’s qualifications, expertise, and
experience. Proposed budgets may not exceed $287,500 and will be considered final if
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selected. All work must be completed by February 28, 2022, and proposals should assume a
start date of April 28, 2020.
Key Consultant-led tasks and deliverables include the following:
1. Leading all aspects of conducting a vulnerability assessment (Task 2), which includes:
a. Conducting a Current and Future Hazards Assessment
b. Conducting a Comprehensive Vulnerability Assessment
c. Developing a Hazards and Vulnerabilities Report
2. Leading all aspects of developing Adaptation Strategy and update to the Safety
Element (Task 5), which includes:
a. Developing a menu of adaption options and strategies
b. Developing General Plan Safety Element adaptation and resilience policies and
implementation measures including cost estimates, timelines and funding and
financing options to pursue
c. Developing an integration guide and a series of workplans for the top three
prioritized implementation activities
3. Working with project partners to support community engagement and education
activities through direct participation and ensuring community input and priorities are
reflected in Consultant-led tasks and deliverables.
4. Supporting other aspects of the project to ensure continuity and alignment in final work
products by working closely with the City, LGC, and other key stakeholders
FULL PROJECT SCOPE OF WORK
The proposed scope of work must align with the numerical tasks of the full project scope and, at
minimum, include the Consultant-led tasks and deliverables defined below.
1. Project Initiation and Coordination
The City or LGC will lead all aspects of Task 1. The Consultant is expected to participate
in Tasks 1.3 and 1.5.
Task 1.1: Kickoff Meeting with Caltrans
• Hold kickoff meeting with Caltrans District staff to discuss overall project goals,
objectives, invoicing, progress reports, and grant procedures, as well as to
establish overall project expectations and requirements.
• Responsible Party: City
• Deliverable(s): Meeting summary
Task 1.2: Subcontract with Sub-Applicant
• Prepare a subcontract with the Local Government Commission (LGC), the sub
applicant on this grant that will assist with project management and lead several
project tasks.
• Responsible Party: City
• Deliverable(s): Copy of executed subcontract
Task 1.3: Project Charter and Kickoff
• Coordinate with City staff to develop a Project Charter, which will include the final
project timeline, milestones, deliverables, key contacts, communication protocols,
team expectations, and other elements to guide the project team.
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• Organize a project team kickoff meeting after the consultant is hired to review the
Project Charter, clarify roles and expectations, and discuss initial tasks. The
meeting may be conducted in-person or virtually.
• Responsible Party: LGC
• Deliverable(s): Project Charter
Task 1.4: Request for Proposals and Contracting with Consultants
• Conduct a full Request for Proposals process that follows the proper
procurement procedures established by Caltrans. RFP will be distributed and
consultant(s) interviews will be conducted. A consultant (or team of consultants)
will be selected and contracts will be negotiated and fully executed.
• Responsible Party: City
• Deliverable(s): Copy of procurement procedures and executed consultant
contract(s)
Task 1.5: Project Coordination
• Conduct regular project team meetings to ensure ongoing coordination on project
tasks and deliverables, foster collaboration, and exchange relevant information
and resources. Develop meeting agendas and summaries, and coordinate with
team members to follow up on requests, actions, and needs identified at each
meeting.
• Identify and utilize project management tools to support ongoing coordination
between team meetings.
• Work with City staff and Consultant(s) to ensure that the project remains on time
and within the allocated budget.
• Responsible Party: LGC
• Deliverable(s): Meeting summaries
2. Existing and Projected Conditions
The Consultant will be responsible for all aspects of Task 2, which is focused on
conducting a comprehensive vulnerability assessment to ensure robust understanding of
current and future hazards and vulnerabilities specific to the City, as well as to ensure all
work products are based on best-available science and local data. Activities conducted
under this task will be continuously informed by community input gathered under Task 4,
which will be conducted in parallel with this task, and will inform Task 5.
Task 2.1: Current and Future Hazards Assessment
• Review existing hazard assessments including the City's 2014 Local Hazard
Mitigation Plan, the in-process countywide hazard mitigation plan and publicly
available hazard maps to build foundational understanding of existing hazards.
• Coordinate with related City planning efforts, such as the Community Planning
Assistance for Wildfire that will produce downscaled wild land urban interface
wildfire maps, in order to maximize the outcomes of this project and to seek
alignment across City planning.
• Conduct additional research to compile data, models, and maps identifying
exposure to natural (e.g., wildfire, seismic activity, drought, flood, extreme heat)
and man-made (e.g. diablo canyon, urban conflagration) hazards.
• Review existing resources (e.g. Cal-Adapt, California Fourth Assessment climate
change reports, etc.) and conduct primary climate research where necessary to
project future climate change influenced hazards. Activities will include hydrologic
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modeling of flood prone creeks (San Luis Obispo Creek and Prefumo Creek) and
certain urban areas under expected future precipitation regimes; downscaled
heat modeling; regional wind modelling; and site-specific wildfire risk modeling.
• Responsible Party: Consultant
• Deliverable(s): Summary memos, map(s), and model(s) for each hazard area
Task 2.2: Comprehensive Vulnerability Assessment
• Compile known and planned transportation assets into a single GIS dataset
(including active transportation, roadways, transit, and Caltrans facilities).
Overlay hazard maps on identified assets to evaluate areas of vulnerability.
• Evaluate existing transportation routes, including evacuation routes and primary
commuter routes, and assess risks and vulnerabilities due to climate change and
other critical hazards identified.
• Identify communities and individuals with inadequate access to transportation,
particularly public transit and alternative modes of transportation.
• Based on community priorities, identify 3-5 priority transportation assets to
develop a full risk profile for, including the cost of inaction.
• Evaluate a range of community characteristics, including poverty and
unemployment rates, aging populations, and other key characteristics that may
suggest greater sensitivity to change, including climate variability, to assess
community's adaptive capacity.
• Identify both current and likely future demographic and economic conditions and
systematically assess social and economic vulnerability to known hazards with
an emphasis on how the City's transportation system's functionality is vulnerable
to the expected confluence of climate, economic, and social changes.
• Assess how existing transportation system inadequacies also exacerbate social
and economic vulnerabilities.
• Evaluate how the City's climate risks and vulnerabilities impact the region's
broader economic resilience and vitality.
• Compile known and planned physical assets (e.g. wastewater treatment, critical
facilities, and public assets) into a single GIS dataset. Overlay hazard maps with
assets to identify areas of vulnerability.
• Evaluate interconnectedness of critical infrastructure and transportation system,
and develop a prioritization hierarchy for addressing risks and vulnerabilities
identified.
• Based on community priorities, identify 3-5 priority physical assets to develop a
full risk profile for, including the cost of inaction.
• Responsible Party: Consultant
• Deliverable(s): Risk Profiles for transportation, physical assets, and
• social and economic conditions; GIS datasets
Task 2.3: Hazards and Vulnerabilities Report
• Based on Hazards Assessment (Task 2.1) and Vulnerability Assessment (Task
2.2), develop a comprehensive Hazards and Vulnerabilities Report, including a
standalone summary report of key findings.
• Compile GIS datasets to produce a comprehensive map that highlights asset-
and risk-specific data and models.
• Develop a presentation kit that can be utilized to educate and inform local elected
officials, City staff, regional agencies, and the community at-large. At minimum,
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the kit will include digestible summary memos, a PowerPoint presentation, and a
poster.
• Responsible Party: Consultant
• Deliverable(s): Hazards and Vulnerabilities Report; summary report; maps;
summary memos; PowerPoint presentation; poster
3. Adaptation Policy Audit
LGC will lead all aspects of Task 3, working closely with City staff and with input and
review from the Consultant.
Task 3.1: Local Policy Audit
• Review existing City plans, programs, and policies (e.g. general plan, climate
action plan, local ordinances, permitting, and zoning), as they relate to adaptation
and/or transportation planning, to assess the City’s current approach to
community resilience and maintaining an economically viable and socially just
community in the face of systems disturbance.
• Develop a policy crosswalk to identify areas of misalignment and/or potential for
improvement to increase adaptive capacity and build community resilience,
including strategies discussed across multiple plans that should be prioritized by
the City.
• Based on the policy audit and crosswalk, establish a clear vision for community
resilience that City departments can adopt as a guiding compass
• Responsible Party: LGC
• Deliverable(s): Summary of plans and policies reviewed; policy crosswalk;
community resilience vision
Task 3.2: State Law Compliance Timeline
• Identify local policy and planning requirements, as they relate to adaptation and
transportation, in order to comply with and go beyond existing state laws and
mandates to serve as a model for the region and state.
• Define local goals and objectives as they relate to State legal requirements and
broader State targets to identify priority strategies to achieve both locally-defined
and state-mandated goals.
• Establish a timeline for alignment and compliance while conducting a crosswalk
of other City goals, plans, and existing policies and programs.
• Responsible Party: LGC
• Deliverable(s): Summary of state laws; timeline for alignment and compliance
4. Community Outreach and Education
LGC will lead all aspects of Task 4, working closely with City staff and with input, review
and participation from the Consultant.
Task 4.1: Community Outreach Plan
• Develop a Community Outreach Plan that details steps that will be taken to reach
out to and engage community members. The Plan will include:
o A list of key stakeholders to involve and engage, including public officials
and agency staff, businesses, service organizations, community
organizations, neighborhood leaders and residents, the school district and
nearby schools, property owners, and other interest groups that reflect
the demographics and perspectives of the San Luis Obispo community.
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o An evaluation of various community engagement strategies, including
surveys, pop-ups, traditional workshops, community design charrettes,
webinars, and festive activities that can be utilized.
o A schedule of community engagement activities with timing for release,
distribution, and placement of publicity items, with a goal of conducting a
series of activities throughout the duration of the project (e.g. input,
feedback, and dissemination).
o A list of potential co-sponsors and co-promoters to assist with outreach
and procurement of additional materials (e.g. food, prizes, and
entertainment) to maximize participation and positive input at community
events.
• Responsible Party: LGC
• Deliverable(s): Community Outreach Plan
Task 4.2: Community Engagement Activities
• Conduct at least 4 community engagement activities to solicit input on community
needs, concerns, and priorities in regard to transportation infrastructure and
services, climate hazards and vulnerabilities, and other sectors and factors
critical to achieving community resilience, mobility, and social justice goals.
Promote community resilience vision developed as part of Task 3.1 to gain
support from broader community.
• Produce and distribute outreach materials in English, Spanish, and other
languages as needed to encourage broad public participation. Secure translation
services, as needed, for community engagement activities.
• Identify additional stakeholder groups to conduct targeted meetings with such as
local tribes, health professionals, major industries and employers, and regional
agencies.
• Develop meeting summaries to inform the development of the Public
Safety/Adaptation Plan and Implementation Guide (Task 5).
• Responsible Party: LGC
• Deliverable(s): Agendas, summaries, and participant lists from 4 events
Task 4.3: Educational Events
• Host at least 4 climate science and adaptive capacity building events for the
public with the aim of educating community members about current and future
climate vulnerabilities in the City, and public safety and adaptation best practices
that can be pursued at the community and/or individual level. Promote
community resilience vision developed as part of Task 3.1 to gain support from
broader community.
• Evaluate different types of events that can be organized to appeal to different
types of stakeholders (e.g. trivia night, lecture series, and videos).
• Coordinate with external organizations (e.g. Central Coast Climate Collaborative,
NOAA, USGS, and Cal Poly, San Luis Obispo) to identify educational materials,
programs, or events that could be provided to the public.
• Responsible Party: LGC
• Deliverable(s): Agendas, summaries, and participant lists from 4 events
5. Safety Element of the General Plan
The Consultant will be responsible for all aspects of Task 5, which is focused on
developing an update to the Safety Element of the City’s General Plan and will be
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informed by all findings and products from previous tasks. Although focused on the
Safety Element, this task will inform numerous in-process and upcoming planning
projects including the City's Active Transportation Plan, Housing Element of the General
Plan, Parking and Access Plan, and other relevant plans.
Task 5.1: Menu of Adaptation Options
• Establish specific adaptation goals, objectives, and targets based on Hazards
and Vulnerabilities Assessment (Task 2), local policy audit (Task 3), overarching
community resilience vision (Task 3), and public input (Task 4). Consider City's
role in the regional economy, as the primary location of major employers, and the
need to ensure transportation networks are well-adapted for both residents and
commuters who rely upon infrastructure and services. Include specific targets
that achieve both adaptation and transportation goals.
• Develop potential adaptation strategies that address current and future hazards
and vulnerabilities in a changing climate, while addressing community priorities.
Review existing resources including Cal-Adapt, the Adaptation Clearinghouse,
Fourth Assessment reports, the Adaptation Planning Guide, and local adaptation
plans to develop a menu of options.
• Working closely with City staff, rank adaptation strategies based on feasibility,
impact, and other key criteria determined to identify priority strategies for
inclusion in Adaptation Strategy. At minimum, priority strategies should be
financially feasible and socially just, and align with community input gathered.
• Responsible Party: Consultant
• Deliverable(s): Matrix of adaptation options
Task 5.2: Safety Element of the General Plan Update
• Develop General Plan adaptation and resilience strategies that identify short-,
medium-, and long-term adaptation actions and opportunities. Based on
feasibility analysis (Task 5.1), provide recommendations for overcoming any
obstacles or barriers identified. For each action, include, at minimum, a cost
estimate, high-level timeline for implementation, and the City department that
should lead or coordinate.
• Consider interdependencies between City and neighboring jurisdictions to
identify policies and actions that should be pursued at the regional scale.
• Assess funding and financing options available to pursue priority strategies
identified, including Federal, State and Local grants, local tax measures, PACE
financing, EIFDs, Opportunity Zones, and other innovative funding and financing
mechanisms.
• Responsible Party: Consultant
• Deliverable(s): Draft Update to the Safety Element
Task 5.3: Integration Guide and Work Plans
• Develop an Integration Guide, working closely with City staff, for the integration
of the Safety Element adaptation and resilience strategies with the Capital
Improvement Plan, operational budgets, biennial financial plans, and other key
plans and procedures identified by the City.
• Identify and/or develop model policies, ordinances, and resolutions to begin
implementing policy and process changes committed to in the Safety Element.
Policies should respond to existing and future hazards and vulnerabilities across
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key sectors including transportation, public health and safety, natural resources,
and community development.
• Work with City to identify staffing requirements and assignments, and develop
detailed work plans to implement the top three prioritized implementation actions
identified in the Adaptation Strategy.
• Responsible Party: Consultant
• Deliverable(s): Integration Guide; work plans
6. Capacity Building
LGC will lead all aspects of Task 6, working closely with City staff and with input and
review from the Consultant.
Task 6.1: Capacity and Coordination Assessment
• Review purviews of all City departments, committees, and bodies to assess who
is responsible for transportation, public health and safety, and community
resilience; their capacity and understanding of adaptation and resilience; and the
level of coordination across the City bodies.
• Interview City staff, regional agencies, climate change organizations, community-
based organizations, and other key stakeholder groups to increase
understanding of roles, capacity, and interest in coordination.
• Develop an “organizational chart” that provides a full picture of public and non-
public agencies working on climate issues and provide a set of recommendations
for improving coordination efforts.
• Responsible Party: LGC
• Deliverable(s): Org chart; summary of roles/capacity; recommendations memo
Task 6.2: Capacity Building Activities
• Based on the ecosystem of various entities, stakeholders, and organizations
working on public safety and adaptation, conduct internal capacity building
activities including at least 4 seminars, workshops, webinars, and/or coordination
meetings for City staff to increase understanding of climate risks, discuss priority
adaptation strategies, institutionalize adaptation principles, and establish internal
coordination processes.
• Establish mechanisms for ongoing coordination and collaboration for City staff to
engage with key external stakeholders (e.g. Central Coast Climate Collaborative,
FEMA, Cal FIRE, and regional transit agencies).
• Promote community resilience vision developed as part of Task 3.1 to gain
support from City leaders and staff across departments.
• Responsible Party: LGC
• Deliverable(s): Meeting agendas; meeting summaries; participant lists
Task 6.3: Statewide Dissemination
• Coordinate with key project partners to write a summary report to help other
jurisdictions learn from the project and replicate it throughout the state.
• Share results and report with other climate adaptation focused groups including
the Alliance of Regional Collaboratives for Climate Adaptation and its member
collaboratives in the Central Coast, North Coast, Sacramento Capital Region,
San Francisco Bay Area, Sierra Nevada, Los Angeles County, and San Diego
County.
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• Hold at least one webinar to share project results, with target audience of local
jurisdictions and agencies in the Central Coast region, Caltrans staff,
transportation agencies, public health groups, and other key stakeholders
throughout California.
• Develop a case study for ICARP for inclusion in Adaptation Clearinghouse and to
further disseminate project results and key findings.
• Responsible Party: LGC
• Deliverable(s): Project summary report; webinar; case study
7. Administration
The Consultant will provide clear and detailed invoices and reports to the City on a
quarterly basis.
Task 7.1: Invoicing
• Provide clear and detailed invoices to the City on a quarterly basis.
• Responsible Party: Consultant
• Deliverable(s): Quarterly invoices
Task 7.2: Reporting
• Provide clear and detailed invoices to the City on a quarterly basis.
• Responsible Party: Consultant
• Deliverable(s): Quarterly reports
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Section B
PROPOSAL REQUIREMENTS AND EVALUATION
1. GENERAL TERMS AND CONDITIONS
1. Requirement to Meet All Provisions. Each individual, firm, or team of firms submitting
a proposal (proposer) shall meet all of the terms and conditions of the Request for
Proposals (RFP) specifications package. By virtue of its proposal submittal, the
proposer acknowledges agreement with and acceptance of all provisions of the RFP
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. All proposals must be received via BidSync by the Department of by 3:00 PM
PST on March 2, 2020. Proposals received after said time may not be considered. The
preferred method of submission is electronically via BidSync. If you wish to send a hard
copy 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,
project number, proposer name, and time and date of the proposal opening. Proposals
shall be submitted using the forms provided in the project package. In addition to mailing
or delivering a hard copy of the full proposal, proposers must send a digital copy of the
full proposal to Teresa McClish at tmcclish@slocity.org. The digital copy of the proposal
will not be accepted if the Department of Finance does not receive the full proposal by
the deadline indicated above.
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.
The purpose of this submittal is to generally assess the adequacy of the proposer’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 D.
4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the
quantities indicated and the lump sum prices quoted by the proposer 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.
Proposal budgets must not exceed $287,500.00. The total proposal budget amount
included in the selected Consultant’s proposal will be considered final and non-
negotiable.
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
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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 Inviting Bids/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.
2. PROPOSAL CONTENT
Proposals must include the following information:
1. Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three public agencies for whom you have provided
similar services.
2. Qualifications
a. Experience of your firm and those of sub-consultants in performing work and
projects relevant to the Scope of Services outlined and described in the request.
b. Description of tangible outcomes resulting from past projects with public
agencies beyond the development of contracted deliverables. Demonstrate how
your work has been actionable and impactful beyond the completion of your
previous deliverables.
c. Expertise in climate change, vulnerability assessments, and adaptation planning.
d. Resumes of the individuals who would be assigned to this project, including any
sub-consultants, with their corollary experience highlighted and specific roles in
this project clearly described.
e. Standard hourly billing rates for the assigned staff, including any sub-consultants.
f. Statement and explanation of any instances where your firm or sub-consultant
has been removed from a project or disqualified from proposing on a project.
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3. Work Program
a. Detailed description of your approach to completing the work.
• Demonstrate your understanding of the overall project and objectives and
how it relates to State goals and mandates, social equity and inclusivity,
• Clearly detail your scope of work which must, at minimum, include
• Highlight how you will leverage State resources that are relevant to the
project such as the Adaptation Planning Guide, Cal-Adapt, and California’s
Fourth Climate Change Assessment.
b. Detailed schedule by task and sub-task for completing the work. Task and sub-
task numbers, headings, and required deliverables must directly match what is
included in the Caltrans grant agreement. Additional deliverables may be
proposed to support your approach.
c. Estimated hours for your staff in performing each phase, task, and sub-task of
the work, including sub-consultants, so we can clearly see who will be doing what
work, and how much time and resources it will take.
d. Description of how you will engage in tasks led by the City or the Local
Government Commission as part of the full project scope, including how you will
work with the project team to ensure alignment and coordination across all tasks
and deliverables. At minimum, include your attendance at community
engagement meetings as part of your proposal and budget.
e. Services or data to be provided by the City.
f. Services and deliverables provided by the Consultant(s).
g. Discussion on how local government policies and plans you have developed in
the past have led to concrete outcomes, actions, and implementation beyond the
completion and adoption of your deliverable.
h. Any other information that would assist us in making this contract award decision.
i. Description of assumptions critical to development of the response which may
impact cost or scope.
4. Proposal Length
Proposal length is not limited to a number of pages, however, should only be as long as
required to be responsive to the RFP, including attachments and supplemental
materials.
3. PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:
1. Phase 1 – Written Proposal Review/Finalist Candidate Selection
The proposals will be evaluated based on criteria, including but not limited to:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for
successfully performing the work required by the City.
d. Recent team experience in successfully performing similar services.
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e. Clear outcomes resulting from pst services provided to public agencies beyond
the development of contracted deliverables.
f. Creativity of the proposed approach in completing the work.
g. Cost.
h. Writing and formatting skills.
i. References.
j. Background and experience of the specific individuals to be assigned to this
project.
2. Phase 2 – Oral Presentations/Interviews and Consultant Selection (at City’s
discretion)
At the City’s discretion, a group of finalist candidates may be asked to provide an oral
presentation to the review committee and answer questions about their proposal. The
purpose of this second phase is two-fold: to clarify and resolve any outstanding
questions or issues about the proposal; and to evaluate the proposer’s ability to clearly
and concisely present information orally. 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 scope and/or method and amount of
compensation.
Contract award will be based on a combination of factors that represent the best overall
value for completing the work scope as determined by the City, including: the written
proposal criteria described above; results of background and reference checks; results
from the interviews and presentations phase; and cost.
3. Proposal Review and Award Schedule. The proposal review and award schedule is
included in Section A of this specification.
4. Pre-Proposal Conference. An optional pre-proposal teleconference will be held at the
following date and time to answer any questions that prospective bidders may have
regarding this RFP:
Tuesday, February 18th from 3:30 PM – 4:30 PM PST
1-669-900-6833, Code: 401 375 4773 ##
5. Alternative Proposals. The proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project 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).
4. CONTRACT AWARD AND EXECUTION
1. 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.
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2. Competency and Responsibility of Proposer. The City reserves full discretion to
determine the competence and responsibility, professionally and/or financially, of
proposers. Proposers will provide, in a timely manner, all information that the City
deems necessary to make such a decision.
3. 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.
4. 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.
5. 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.
6. 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.
7. Required Deliverable Products. The Consultant will be required to provide:
a. One print-ready and one digital-ready original .pdf of all final documents.
b. Corresponding computer files compatible with the following programs whenever
possible unless otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: InDesign (check with project manager)
Virtual Models: Sketch Up (check with project manager)
Digital Maps: 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.
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5. CONTRACT PERFORMANCE
1. Insurance Requirements. The Consultant shall provide proof of insurance in the form,
coverages and amounts specified in Section D of these specifications within 10 (ten)
calendar days after notice of contract award as a precondition to contract execution.
2. Business License & Tax. The Consultant must have a valid City of San Luis Obispo
business license and tax certificate before execution of the contract. Additional
information regarding the City's business license and tax program may be obtained by
calling (805) 781-7134.
3. 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 federal,
state, county, city, and special district laws, ordinances, and regulations.
4. 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.
5. Payment of Taxes. The contract prices shall include full compensation for all taxes that
the Consultant is required to pay.
6. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary.
7. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
8. 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.
9. 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.
10. Immigration Act of 1986. The Consultant warrants on behalf of itself and all
subcontractors engaged for the performance of this work that only persons authorized to
work in the United 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.
11. Consultant Non-Discrimination. In the performance of this work, the Consultant
agrees that it will not engage in, nor permit such subcontractors as it may employ, to
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engage in discrimination in employment of persons because of age, race, color, sex,
national origin or ancestry, sexual orientation, or religion of such persons.
12. 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.
13. 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) and in accordance with the Grant Guidelines.
14. 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.
15. 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.
16. 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.
17. Hold Harmless and Indemnification. 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
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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 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.
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.
18. 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.
19. Termination for Convenience. The City may terminate all or part of this Agreement for
any or no reason at any time by giving 30 days written notice to Consultant. Should the
City terminate this Agreement for convenience, the City shall be liable as follows: (a) for
standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10)
percent of the total purchase price; (b) for custom products, the less of a reasonable
price for the raw materials, components work in progress and any finished units on hand
or the price per unit reflected on this Agreement. For termination of any services
pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for
the services rendered prior to termination, or the price for the services reflected on this
Agreement. Upon termination notice from the City, Consultant must, unless otherwise
directed, cease work and follow the City’s directions as to work in progress and finished
goods.
20. 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.
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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.
21. Sustainable Project Management. The consultant shall make its best efforts to reduce
GHG emissions created as the result of working on this project.
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Section C
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into the City of San Luis Obispo on _________by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter refer red to as
City, and [CONSULTANT’S NAME IN CAPITAL LETTERS], herein referred to as Consultant.
W I T N E S S E T H:
WHEREAS, in _________, the City was awarded a Climate Change Adaptation Grant
(Grant) from the California Transportation Commission; and
WHEREAS, on [date], City requested proposals for an update to prepare a
Comprehensive Vulnerability Assessment and to develop an Adaptation Strategy in support of
the General Plan Safety Element Update, per Specification No. ________ (project); and
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted
by City for said project;
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 from the date this Agreement is made
and entered, as first written above, until acceptance or completion of said project.
2. INCORPORATION BY REFERENCE. City Specification No. ______ and
Consultant's proposal dated [date] is hereby incorporated in and made a part of this Agreement
and attached as Exhibit A. The City’s terms and conditions are hereby incorporated in an made a
part of this Agreement as Exhibit B. To the extent that there are any conflicts between the
Consultant’s fees and scope of work and the City’s terms and conditions, the City’s terms and
conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties.
3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement,
City will pay and Consultant shall receive therefore compensation in a total sum not to exceed [$
.00.
4. CONSULTANT'S OBLIGATIONS. 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 and the said specifications.
5. 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 City Manager of
the City.
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6. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference, shall constitute the complete agreement between
the parties hereto. 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.
7. NOTICE. All written notices to the parties hereto shall be sent by United States
mail, postage prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Consultant Name
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do
covenant that each individual 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.
ATTEST: CITY OF SAN LUIS OBISPO
________________________________
By:________________________________
_ __________________________________
City Clerk City Manager
____________________________________
APPROVED AS TO FORM: CONSULTANT
________________________________ By:
_____________________________________
City Attorney
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Section D
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 subcontractors.
Minimum Scope of Insurance. Coverage shall 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 shall maintain limits no less than:
1. General Liability: Consultant shall maintain commercial general liability insurance with
coverage at least as broad as Insurance Services Office form CG 00 01, in an amount
not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability
that has not been amended. Any endorsement restricting standard ISO “insured
contract” language will not be accepted.
2. Automobile Liability: Consultant shall maintain automobile insurance at least as broad
as Insurance Services Office form CA 00 01 covering bodily injury and property damage
for all activities of the Vendor arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non-owned or rented
vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Employer's Liability: Consultant shall maintain Workers’ Compensation Insurance
(Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
Consultant shall submit to the City, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of the City, its officers, agents, employees and
volunteers.
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4. Errors and Omissions Liability: Consultant shall maintain professional liability insurance
that covers the Services to be performed in connection with this Agreement, in the
minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception
date, continuity date, or retroactive date must be before the effective date of this
agreement and Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the services required by this agreement.
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 project, 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.
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.
5. All insurance coverage maintained or procured pursuant to this agreement shall be
endorsed to waive subrogation against Agency, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow Vendor or others providing
insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Vendor hereby waives its own right of recovery against Agency
and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
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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.
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Section E
Proposal Submittal Forms
The undersigned declares that she or he has carefully examined Specification No. 2020-1000145,
including the description of the work program 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:
Description 2020-21
Task 1
Task 2
Task 3
Task 4
Other Costs (please
specify)
TOTAL $
❑ Certificate of insurance attached; insurance company’s A.M. Best rating:
__________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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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
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services
provided including contract
amount, when provided and
project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services
provided including contract
amount, when provided and
project outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
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 ❑ No ❑
◼ If yes, explain the circumstances.
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
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