HomeMy WebLinkAboutItem 6i. RFP for the Carbon Neutral City Facility Plan Item 6i
Department: Administration
Cost Center: 1005
For Agenda of: 10/19/2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Chris Read, Sustainability Manager
SUBJECT: REQUEST FOR PROPOSALS FOR THE CARBON NEUTRAL CITY
FACILITY PLAN
RECOMMENDATION
Authorize a Request for Proposals for the Carbon Neutral City Facility Plan.
DISCUSSION
Background
In August of 2020, the City of San Luis Obispo City Council adopted the Climate Action
Plan for Community Recovery via Resolution R-11159 (2020 Series) establishing a goal
of carbon neutral municipal operations by 2030. In July 2021, Council affirmed this goal
with adoption of Lead by Example: A Plan for Carbon Neutral Municipal Operations and
established an aspirational goal of no fossil fu el use in City facilities by 2030, which is
also a part of the 2021-23 Climate Action, Open Space & Sustainable Transportation
Major City Goal. The adopted quantifiable objectives associated with this goal are:
Construct only all-electric new City buildings and facilities.
Eliminate fossil fuel use to the maximum extent possible in existing buildings and
facilities.
Lead by Example also calls for the electrification of fleet vehicles, and equipment and
backup generators as feasible. Consistent with state wide trends, this will make energy
and facility management increasingly complicated. At the same time, other key factors
influence the City’s ability to successfully manage the increasingly complicated energy
environment, including:
Increased exposure to events like Public Safety Power Shutoffs and grid instability
as increasing heat, wildfire, and wind events affect statewide energy generation
and transmission.
Increasingly variable costs for all fuels (electricity, natural gas, vehicle and
generator fuels, etc.)
Increasing awareness that the cost and greenhouse gas intensity of electricity
depends on time of year and time of day.
Rapid changes in technology and costs including large capacity heat pumps,
battery storage, energy management software, etc.
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Item 6i
Council and the community have made it clear that the City is expected to “walk the talk”.
City facilities are highly visible and are often the piece of infrastructure, outside of roads
and sidewalks, that community members will most directly interact with. Lessons learned
and successes achieved can be transferred to community members as they also seek to
lead by example in their own buildings and facilities.
For these reasons, Council confirmed that a Carbon Neutral City Facilities Plan be
developed in the 2021-23 Financial Plan to provide insights ahead of the 2023 -25
Financial Plan. The request for proposals (RFP) provided as Attachment A seeks
consultant support to develop this plan by Fall of 2022 and includes the following tasks:
Task 1. Project Management: Ensure the project stays on budget and on schedule
ahead of the 2023-25 Financial Plan.
Task 2. Existing Conditions of Building and Facilities Infrastructure, Energy Use,
and Emissions: Conduct a survey of existing facilities to inform Tasks 3, 4, and 6
and future operational decisions.
Task 3. High Priority 2023-25 Projects: Identify key projects to propose as part of
the 2023-25 Financial Plan.
Task 4. Operations, Policy and Long-Term Project and Resource Guidance:
Develop a framework to decarbonize facilities by 2030 based on the Lead by
Example plan.
Task 5. Stakeholder Outreach: Work with staff stakeholders and regional experts
to complete an inclusive and achievable plan.
Task 6. Microgrid Feasibility: Assess feasibility of resilience investments at critical
facilities.
Previous Council or Advisory Body Action
August of 2020: the City of San Luis Obispo City Council adopted the Climate
Action Plan for Community Recovery via Resolution R-11159 (2020 Series)
establishing a goal of carbon neutral municipal operations by 2030.
June of 2021: Council adopted the 2021 -23 Financial Plan, which includes the
project identified in this Council Agenda Report in the Major City Goal work
program and as CIP #103.
July of 2021: Council affirmed the municipal operations goal with adoption of Lead
by Example: A Plan for Carbon Neutral Municipal Operations and established an
aspirational goal of no fossil fuel use in City facilities by 2030.
Policy Context
The Carbon Neutral City Facility Plan implements the community and municipal carbon
neutrality goals as discussed above. The Plan would also work to ensure efficiency of
operations and support a better understanding of and strategies to mitigate energy uti lity
costs.
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Item 6i
Public Engagement
The Carbon Neutral City Facilities Plan was identified as part of the Lead by Example and
2021-23 Financial Plan processes. Combined, the two efforts depended on staff and
community engagement. The public will be able to provide comments for this item at or
before the meeting.
CONCURRENCE
Public Works is supporting the project and concurs with this report.
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: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $120,000 $ $ $
State
Federal
Fees
Other:
Total $120,000 $ $ $
The project is identified in the 2021-23 Financial Plan as CIP #103 and is funded for
$100,000 in fiscal year 2021-22. An additional project, the Microgrid Feasibility Study, is
also included in the 2021-23 Financial Plan (page 129) and is funded at $20,000 in fiscal
year 2021-22.
ALTERNATIVES
The Council may choose to not release the RFP. This action is not recommended as
the RFP is critical to achieving the City’s 2021-23 Major City Goal work program and to
make progress on the City’s carbon neutral municipal operations goal.
ATTACHMENTS
A – Draft RFP for Carbon Neutral City Operations
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The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
`
Notice Requesting Proposals for Carbon Neutral City Facilities Plan
The City of San Luis Obispo is requesting sealed proposals for services associated with the Carbon Neutral
City Facilities Plan.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be
required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of
Finance at or before November 10, 2021 when they will be opened publicly.
All firms interested in receiving further correspondence regarding this Request for Qualifications will be
required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml).
Questions about this Request for Qualification must be submitted to Dan Clancy (dclancy@slocity.org) by
5:00 PM (PST) on October 29, 2021.
Project packages and additional information may be obtained at the City’s BidSync website at
www.BidSync.com. Please contact Dan Clancy at dclany@slocity.org with any questions.
For technical help with BidSync please contact BidSync tech support at 800-990-9339.
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TABLE OF CONTENTS
A. INTRODUCTION ......................................................................................................................................... 1
B. SCOPE OF WORK ....................................................................................................................................... 2
C. PROJECT SCHEDULE .................................................................................................................................. 3
D. PROJECT BUDGET ..................................................................................................................................... 3
E. GENERAL TERMS AND CONDITIONS ........................................................................................................ 3
F. SPECIAL TERMS AND CONDITIONS ............................................................................................................ 9
G: FORM OF AGREEMENT ........................................................................................................................... 14
H: INSURANCE REQUIREMENTS .................................................................................................................. 16
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A. INTRODUCTION
In August of 2020, the City of San Luis Obispo City Council adopted the Climate Action Plan for Community
Recovery via Resolution R-11159 (2020 Series) establishing a goal of carbon neutral municipal operations
by 2030. In July 2021, Council affirmed this goal with adoption of Lead by Example: A Plan for Carbon
Neutral Municipal Operations and established an aspirational goal of no fossil fuel use in City facilities by
2030. The adopted quantifiable objectives associated with this goal are:
1. Construct only all-electric new buildings and facilities.
2. Eliminate fossil fuel use to the maximum extent possible in existing buildings and facilities.
Achieving the City’s goals will make energy and facility management increasingly complicated. Key factors
influence the City’s ability to successfully manage the increasingly complicated energy environment,
including:
1. Increased exposure to events like Public Safety Power Shutoffs and grid instability as increasing
heat, wildfire, and wind events affect statewide energy generation and transmission.
2. Increasingly variable costs for all fuels (electricity, natural gas, vehicle and generator fuels, etc.)
3. Increasing awareness that the cost and greenhouse gas intensity of electricity depends on time of
year and time of day.
4. Rapid changes in technology and costs including in large capacity heat pumps, battery storage,
energy management software, etc.
5. Lead by Example goals related to fleet vehicle, equipment, and backup generation electrification.
Finally, Council and the community have made it clear that the City is expected to “walk the talk”. City
facilities are highly visible and are often the piece of infrastructure, outside of roads and sidewalks, that
community members will most directly interact with. The Carbon Neutral City Facilities Plan is an
important opportunity to set an example and help the community visualize how they can take action. The
Lessons learned and successes achieved can be transferred to community members as they also seek to
lead by example in their own buildings, facilities, and residences.
For all these reasons, Council included the Carbon Neutral City Facilities Plan in the 2021-23 Financial Plan
to provide insights ahead of the 2023-25 Financial Plan and to chart a course for sustained
decarbonization.
Please note that the project is for General Fund buildings and facilities only and therefore does not include
water and wastewater treatment buildings, facilities, or infrastructure. General Fund facilities include:
990 Palm Street (City Hall)
995 Palm Street (County/City
Library (shared facility)
888 Morro Street (Little
Theater)
879 Morro Street (Utilities
Offices)
842 Palm Street (Parking
Structure)
836 Pacific Street (Parking
Structure)
1042 Walnut Street (Police
Station)
1016 Walnut Street (Police –
Auxiliary Buildings)
1341 Nipomo (Parks and
Recreation Office)
1145 Santa Rosa (Senior
Center)
864 Santa Rosa (Recreation
Center)
466 Dana Street (Historic
Adobe)
536 Marsh Street (Jack House)
919 Palm Street (Parking
Structure)
610 Monterey (Residence)
1010 Broad Street (Art Center)
696 Monterey Street
(County/City Museum (shared
facility)
25 Prado Road (Corporation
Yard)
2333 Meadow Street (Meadow
Park)
900 Southwood Drive (SLO
Swim Center)
900 Southwood Drive (Baseball
Stadium)
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29 Prado Road (Bus Yard)
11175 Los Osos Valley Road
(Laguna Lake Golf Course)
1020 Southwood Drive
(Johnson Park)
375 Ferrini Drive (Throop Field)
1415 Santa Rosa Street
(Mitchell Park)
1395 Madonna Road (Laguna
Lake Park)
Broad and Monterey (Mission
Plaza)
2160 Santa Barbara Street (Fire
Station 1)
136 North Chorro (Fire Station
2)
1280 Laurel Lane (Fire Station 3)
1395 Madonna Road (Fire
Station 4)
The following resources are provided for reference:
Lead by Example: A Plan for Carbon Neutral Municipal Operations:
https://www.slocity.org/government/department-directory/city-administration/office-of-
sustainability/climate-action/lead-by-example-carbon-neutral-city-operations
Climate Action Plan for Community Recovery: https://www.slocity.org/government/department-
directory/city-administration/office-of-sustainability/climate-action/climate-action-plan-1949
2021-23 Financial Plan and Capital Improvement Plan:
https://www.slocity.org/home/showpublisheddocument/30516/637590015546970000
Energy Star Portfolio Manager monthly benchmarking data for electricity and natural gas
(available upon start of work)
City Facility Master Plan (available upon start of work)
B. SCOPE OF WORK
The Carbon Neutral City Facilities Plan will provide a process, resources, and a strategic approach to
achieving the goals outlined above. While the City has a long history of forward-thinking energy
management, it is typically incremental and ad hoc and now needs to be transformational and strategic.
To support this effort, the City is seeking consultant services to assist with the process and development
of a strategic plan that lays out near term funding priorities for the 2023-25 Financial Plan, creates policy
and long-term strategy through 2030, and allows for co-learning and co-creating to occur across the
agency and with key community partners.
Task 1. Project Management
The project is highly technical, time constrained, and includes coordination across multiple stakeholders.
Proposals shall include a description of how project management techniques (e.g., weekly check-ins, task
tracking, etc.) will be used to keep the project on schedule. The City project team includes the
Sustainability Manager (project manager), Public Works Deputy Director for Facility Maintenance (project
advisor), and a project team that includes staff from Public Works, Parks and Recreation, Police, Fire, and
Finance departments. Proposals shall identify a consultant team’s project manager and single point of
contact.
Task 2. Existing Conditions: Building and Facilities Infrastructure, Energy Use, and Emissions.
The project will provide a detailed account of current building and facility energy end-use, operational
greenhouse gas emissions, energy cost, and status of key mechanical and electrical systems. The project
may leverage the facility benchmarking recently completed by CC-LEAP (via ENERGY STAR Portfolio
Manager) or may propose an alternative accounting system. Proposals may also include forecast future
energy use, including load growth as the result of fleet electrification, if the information is critical for
supporting Task 3 and Task 4. Proposals will provide the above information at a sufficient level of
information (e.g.., time and location specific GHG accounting vs. grid average GHG accounting; interval
level of energy use, etc.) to adequately inform Task 3 and Task 4. The proposal shall include the level of
detail at which this information will be provided and explain how the proposing consultant team has
experience and capacity to obtain and calculate this information.
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Task 3. High Priority 2023-25 Projects.
Through a technical screening and assessment process, the project will identify key facilities and retrofit
opportunities and will provide project descriptions, cost estimates, staffing needs, and funding and
financing approaches ahead of the 2023-25 Financial Plan. Prioritized projects may include capital projects
and operation investments.
Proposing consultant teams are encouraged to be creative and should clearly identify how they will use
the insights from Task 2 to arrive at prioritized facilities and measures based on the City’s objectives
outlined above (e.g., greenhouse gas emissions reductions, energy resilience, capital and operational
costs, etc.).
The City seeks guidance from proposing consultant teams whether to identify one or two critical facilities,
or whether to identify a larger number of smaller improvements across multiple facilities (or somewhere
in the middle). For example, it is conceivable that an ESCO model could rapidly implement improvements
across the City’s facility portfolio; it is also conceivable that the City should focus on one high impact
facility. A competitive bid will make clear how the bidder will provide the City with trade-offs for each
approach and guide the City through this decision making process.
It is critical that recommendations for the 2023-25 Financial Plan be available by early Fall 2022. It is also
important that these recommendations be co-created with relevant staff so that there is alignment and
buy in ahead of the project recommendation.
Task 4. Decarbonization Framework (Operations, Policy and Long-Term Project and Resource Guidance)
The project will provide a framework for how to decarbonize and increase resilience in the facilities not
identified in the 2023-25 priorities through policy recommendations and an ongoing decision-making
framework. The project will also identify key operational considerations and will provide an estimate of
total cost and staff resources needed to achieve the City’s goals. Proposals shall identify how the
consultant team will achieve these outcomes.
Task 5. Stakeholder Outreach
The project will support staff led “Green Team” meetings wherein department stakeholders will be
presented with regular project updates and presented with critical path questions at key decision making
portions of the project to ensure stakeholder alignment and buy-in. The proposal may also include
additional outreach methods to leverage regional expertise and knowledge sharing (e.g., including Cal
Poly and County of San Luis Obispo staff, local electricians and tradespeople, the local design community,
etc.).
Task 6. Microgrid Feasibility (Optional)
A Microgrid Feasibility Study is also included in the 2021-23 Financial Plan and is funded at $20,000 in
fiscal year 2021-22. Proposals may include Task 6 as an optional task and can either include as a single
budget line item or can show how the resources set aside for Task 6 could be spread across the previous
Tasks. Proposals are encouraged to be creative and proposals that lead directly to and/or include the
physical construction of microgrids will be considered. Vendors that do not include Task 6 will not be
penalized.
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C. PROJECT SCHEDULE
Preliminary Schedule Tasks
January 2022 – March
2022
Conduct existing conditions, goals, and need assessments.
March 2022 – May
2022
Identify priority facilities and retrofit opportunities and develop proposals for
each.
May 2022 – July 2022 Identify and draft retrofit related policies and develop future roadmap through
2030
Fall 2022 Submit high priority projects for funding consideration in the 2023-25 Financial
Plan (staff led)
D. PROJECT BUDGET
The project is identified in the 2021-23 Financial Plan as CIP #103 and is funded for $100,000 in fiscal year
2021-22. An additional project, the Microgrid Feasibility Study, as also included in the 2021-23 Financial
Plan and is funded at $20,000 in fiscal year 2021-22. Proposals shall include a detailed budget and
schedule by task. Should a vendor propose on optional task 6, the $20,000 for the microgrid component
must be clearly identified as a stand-alone task or as discrete line items in other tasks.
E. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall
meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue
of its proposal submittal, the bidder 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.
Proposal documents shall be submitted electronically via BidSync. However, if you can’t submit
electronic please send your bid copy in a sealed envelope to the Department of Finance, City of
San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature
opening, the proposal should be clearly labeled with the proposal title, project number, name of
bidder, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
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The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Section E.
4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities
indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces
provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The
Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount
stated by any bidder for any item are not in agreement, the unit price alone will be considered as
representing the bidder’s intention and the proposal total will be corrected to conform to the
specified unit price.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior
to the time specified for the proposal opening, by submitting a written request to the Director of
Finance for its withdrawal, in which event the proposal will be returned to the bidder 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. Bidders 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 as the primary submitter 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 bidder submitting a proposal, or who has quoted prices on
materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from
quoting prices to other bidders submitting proposals.
7. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged but will
be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
8. 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.
9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of bidders. Bidders will provide,
in a timely manner, all information that the City deems necessary to make such a decision.
10. Contract Requirement. The bidder to whom award is made (Contractor) 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.
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CONTRACT PERFORMANCE
11. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages
and amounts specified in Section E of these specifications within 10 (ten) calendar days after
notice of contract award as a precondition to contract execution.
12. 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 regarding the City’s
business tax program may be obtained by calling (805) 781-7134.
13. 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.
14. 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.
15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
16. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
17. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
18. Public and Employee Safety. Whenever the Contractor’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.
19. 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 property is injured
or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the
Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
20. Immigration Act of 1986. The Contractor warrants on behalf of itself and all 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.
21. 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
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in employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
22. 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 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 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.
23. 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
Contractor (Net 30).
24. 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,
shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve
Contractor of any of its obligations to fulfill its contract requirements.
25. 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.
26. 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.
27. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law
(including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall
indemnify, defend, and hold harmless the City, and its elected officials, officers, employees,
volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims,
liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs
of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to
perform its obligations under this Agreement or out of the operations conducted by Consultant,
including the City’s active or passive negligence, except for such loss or damage arising from the
sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a
party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s
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performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees
or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable
legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a
“construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall
apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to
California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold
harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City
Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations,
judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”),
arising out of the Consultant’s performance or Consultant’s failure to perform its obligations
under this Agreement or out of the operations conducted by Consultant, except for such loss or
damage arising from the active negligence, sole negligence or willful misconduct of the City. In
the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide
a defense to the City 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.
(c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope
of Services require Consultant to provide “design professional services” as those phrases are used
in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest
extent permitted by law (including, but not limited to California Civil Code Sections 2782 and
2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials,
officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims,
damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and
expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or
willful misconduct of Consultant, except to the extent caused by the sole negligence, active
negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any
subcontractor employed by Consultant shall be conclusively deemed to be the negligence,
recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In
the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide
a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their
costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event
shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s
proportionate percentage of fault. However, notwithstanding the previous sentence, in the event
one or more defendants is unable to pay its share of defense costs due to bankruptcy or
dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid
defense costs.
(d) The review, acceptance or approval of the Consultant’s work or work product by any
indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense
obligations. This Section survives completion of the services or the termination of this contract.
The provisions of this Section are not limited by and do not affect the provisions of this contract
relating to insurance.
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28. 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.
29. 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 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, Contractor must, unless
otherwise directed, cease work and follow the City’s directions as to work in progress and finished
goods.
30. 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 except,
however, any and all obligations of the Contractor’s surety shall remain in full force and effect,
and shall not be extinguished, reduced, or in any manner waived by the terminations thereof.
In said event, the Contractor 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 Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by the Contractor 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 Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
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F. SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms
and Conditions) of these specifications, the contract will be awarded to the lowest responsible,
responsive proposer.
2. Sales Tax Reimbursement.
For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues.
Therefore, for bids from retail firms located in the City at the time of proposal closing for which
sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the
proposal by the City in calculating and determining the lowest responsible, responsive proposer.
3. Labor Actions.
In the event that the successful proposer is experiencing a labor action at the time of contract
award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves
the right to declare said proposer is no longer the lowest responsible, responsive proposer and to
accept the next acceptable low proposal from a proposer that is not experiencing a labo r action,
and to declare it to be the lowest responsible, responsive proposer.
4. Failure to Accept Contract.
The following will occur if the proposer to whom the award is made (Contractor) fails to enter into
the contract: the award will be annulled; any bid security will be forfeited in accordance with the
special terms and conditions if a proposer's bond or security is required; and an award may be
made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if
it were the party to whom the first award was made.
5. Contract Term.
The supplies or services identified in this specification will be used by the City for up to one year.
The prices quoted for these items must be valid for the entire period indicated above unless
otherwise conditioned by the proposer in its proposal.
6. Contract Extension.
The term of the contract may be extended by mutual consent for an additional one-year, and
annually thereafter, for a total of four years.
7. Supplemental Purchases
Supplemental Purchases. Supplemental purchases may be made from the successful proposer
during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For
these supplemental purchases, the proposer shall not offer prices to the City in excess of the
amounts offered to other similar customers for the same item. If the proposer is willing to offer
the City a standard discount on all supplemental purchases from its generally prevailing or
published price structure during the contract term, this offer and the amount of discount on a
percentage basis should be provided with the proposal submittal.
8. Contractor Invoices.
The Contractor may deliver either a monthly invoice to the City with attached copies of detail
invoices as supporting detail, or in one lump-sum upon completion.
Page 694 of 850
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9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail
Proposal Submittal Form, as well as any supplemental items, from other vendors during the
contract term.
10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog
numbers used in the specifications are for the purpose of describing and establishing general
quality levels. Such references are not intended to be restrictive. Proposals will be considered for
any brand that meets or exceeds the quality of the specifications given for any item. In the event
an alternate brand name is proposed, supplemental documentation shall be provided
demonstrating that the alternate brand name meets or exceeds the requirements specified
herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer,
and the City shall be the sole judge in making this determination.
11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and
conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis
Obispo by the successful proposer and received by the City within 90 days after authorization to
proceed by the City.
12. Start and Completion of Work. Work on this project shall begin immediately after contract
execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated
with City by mutual agreement.
13. Change in Work. The City reserves the right to change quantities of any item after contract award.
If the total quantity of any changed item varies by 25% or less, there shall be no change in the
agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of
25% shall be subject to negotiation with the Contractor.
14. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFP package.
15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any
past governmental agency bidding or contract disqualifications on the form provided in the RFP
package.
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RFP PROPOSAL CONTENT
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three clients for whom you have provided similar services.
Qualifications
d. 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.
e. 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.
f. Standard hourly billing rates for the assigned staff, including any sub-consultants.
g. 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.
Work Program
h. Detailed description of your approach to completing the work.
i. Detailed schedule by task and sub-task for completing the work.
j. Estimated hours for your staff in performing each phase and task of the work, including
sub-consultants, so we can clearly see who will be doing what work, and how much time
it will take.
k. Detailed budget by task and sub-task for completing the work.
l. Services or data to be provided by the City.
m. Services and deliverables provided by the Consultant(s).
n. Any other information that would assist us in making this contract award decision.
o. Description of assumptions critical to development of the response which may impact
cost or scope.
Requested Changes to Terms and Conditions
p. The City desires to begin work soon after selecting the preferred Consultant Team. To
expedite the contracting process, each submittal shall include requested redlined changes
to terms and conditions, if necessary.
Proposal Length
q. Proposal length should only be as long as required to be responsive to the RFP, including
attachments and supplemental materials.
2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and
evaluated on the following criteria:
Page 696 of 850
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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.
e. Creativity of the proposed approach in completing the work.
f. Value
g. Writing skills.
h. References.
i. Background and experience of the specific individuals managing and assigned to this
project.
As reflected above, contract award will not be based solely on price, but on a combination of factors as
determined to be in the best interest of the City. After evaluating the proposals and discussing them
further with the finalists or the tentatively selected contractor, the City reserves the right to further
negotiate the proposed work and/or method and amount of compensation.
3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award:
a. Issue RFP 10/20/2021
b. Questions due 10/29/2021
c. Receive proposals 11/10/2021
d. Complete proposal evaluations 11/17/2021
e. Conduct finalist interviews and finalize recommendation Week of 11/29/2021
f. Execute contract 12/2021
g. Start work 12/2021 -1/2022
4. Questions. Questions about this Request for Qualification must be submitted to Dan Clancy
(dclancy@slocity.org) by 5:00 PM (PST) on October 29, 2021.
5. Ownership of Materials. All original drawings, plan documents and other materials prepared by
or in possession of the Contractor as part of the work or services under these specifications shall
become the permanent property of the City and shall be delivered to the City upon demand.
6. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Contractor 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 Contractor without the prior written approval of the City.
7. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in
limited quantities as part of the work or services under these specifications, the Contractor shall
provide such additional copies as are requested, and City shall compensate the Contractor for the
costs of duplicating of such copies at the Contractor's direct expense.
8. Required Deliverable Products. The Contractor will be required to provide:
Page 697 of 850
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a. One electronic submission - digital-ready original .pdf of all final documents. If you wish
to file a paper copy, please submit in sealed envelope to the address provided in the RFP.
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
Virtual Models: Sketch Up
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 Contractor and, where
necessary, the Contractor will be required to respond to staff comments and make such
changes as deemed appropriate.
9. 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).
Page 698 of 850
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G: FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by
and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on [date], City requested proposals for [______________], per Project No. [xxxx]
WHEREAS, pursuant to said request, Contractor 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 Contractor'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 Contractor’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 Contractor shall receive therefore compensation [xxxxxxx]. If there are installment payments?
Contractor shall be eligible for compensation installments after completion of milestone Tasks -E as shown
in the attached project schedule.
4. CONTRACTOR/CONSULTANT’S OBLIGATIONS. For and in consideration of the payments
and agreements hereinbefore mentioned to be made and performed by City, Contractor 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.
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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 Name
Dept.
Address
Consultant Name
Title
Address
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that
everyone executing this agreement on behalf of each party is a person duly authorized and empowered
to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS OBISPO:
By:_____________________________________
City Manager
APPROVED AS TO FORM: CONSULTANT:
________________________________ By: _____________________________________
City Attorney Name of CAO / President
Its: CAO / President
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H: INSURANCE REQUIREMENTS
Consultant Services
The Contractor 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 Contractor, 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. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers;
or the Contractor 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 Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. 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 Contractor'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 Contractor's insurance and shall not contribute with it.
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3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
Verification of Coverage. Contractor 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.
Page 702 of 850
City of San Luis Obispo
Specification No. 9xxxx
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide
the services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Page 703 of 850
City of San Luis Obispo
Specification No. 9xxxx
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Reference No. 3
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Page 704 of 850
City of San Luis Obispo
Specification No. 9xxxx
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in
it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes q No q
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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Page 706 of 850