HomeMy WebLinkAboutItem 6d - RFP for Housing Element Updates Item 6d
Department: Community Development
Cost Center: 4008
For Agenda of: 10/20/2026
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: David Amini, Housing Coordinator
SUBJECT: AUTHORIZE REQUEST FOR PROPOSALS FOR HOUSING ELEMENT
UPDATE
RECOMMENDATION
1. Authorize the release of a Request for Proposals (RFP) for a consultant to prepare
and submit the City’s 7th Cycle Housing Element Update to the California Department
of Housing and Community Development (HCD) for final certification;
2. Authorize the City Manager to execute agreements with selected consulting firm; and
3. Authorize the Finance Director to execute and amend the Purchase Order for the
selected consultant within the final project budget.
POLICY CONTEXT
Government Code Section 65588 requires cities to periodically update and submit their
Housing Elements to the State for review and certification by HCD.
Housing Major City Goal 2.e of the 2025-27 Financial Plan requires staff to initiate an
update to the 7th Cycle Housing Element through the creation of a request for proposal
(RFP) for consultant services, and present the RFP to the City Council with a study
session on potential scoping for Land Use and Circulation Element Update.
DISCUSSION
Background
The Housing Element is an element of the City’s General Plan that serves as an
organizing document for the City’s efforts to accommodate housing capacity, identify
housing goals, policies, and programs, and conduct technical analysis of housing needs,
constraints, and outcomes. Each jurisdiction in the State of California is required by law
to periodically update and submit their Housing Elements to the State for review and
certification by HCD. Importantly, the Housing Element is also the document that
demonstrates how the City will accommodate future housing growth in the community
through the Regional Housing Needs Allocation (RHNA) process, where cities are
allocated a specific number of units by the State to accommodate during the Housing
Element planning period.
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Item 6d
The City is currently in the 6th Cycle of its approved Housing Element, which is for the
planning period from 2020-2028. The 7th Cycle will take place from 2028-2036. The City
will be required to prepare an updated Housing Element that meets all statutory
requirements, be consistent with the City’s General Plan, achieve certification from HCD
by December 2028, and include relevant environmental compliance documentation
pursuant to the California Environmental Quality Act (CEQA).
RHNA Process
The Regional Housing Needs Allocation is a process by which the State allocates a
specific number of units for each regional Council of Governments (COG) to
accommodate during the Housing Element planning period. The COG member
jurisdictions collaborate to distribute the regional allocation of units amongst themselves.
As a member jurisdiction of SLOCOG, City staff are currently working with the other
jurisdictions to determine an appropriate allocation for the 7th Cycle planning period.
SLOCOG’s distribution methodology is based on improving the jobs-housing balance for
the region. The COG’s total allocation for the 7 th Cycle planning period is 14,577 units.
The City of SLO will be allocated anywhere from 3,500 to 4,500 units depending on the
final allocation methodology approved by the member jurisdictions and HCD.
Request for Proposals
In order to meet the December 2028 certification deadline, staff has identified the need
to solicit proposals from qualified consultants to prepare the Housing Element Update.
Staff has prepared a Request for Proposals for Council’s consideration and approval
(Attachment A). The update process will require significant coordination between City
staff, the selected consultant, and HCD to prepare a compliant 7th Cycle Housing
Element. In addition to necessary technical support and work, the scope of work includes
facilitation of public outreach related to the Housing Element Update. There will be public
hearings held at Planning Commission and City Council to review the draft Housing
Element, as well as public engagement meetings, surveys, and workshops providing
opportunities for public input throughout the process.
The 7th Cycle Housing Element update will include the following core elements per State
law and HCD requirements.
Community Outreach and Public Participation Plan
o A comprehensive plan that will effectively reach, educate , and engage the
community throughout the Housing Element update. The program shall
include strategies to ensure broad inclusion, and equitable participation,
particularly of hard-to-reach groups and special needs populations, with
special attention given to communicating information so it is accessible and
easy to understand.
o Earlier this year, staff presented a Climate Action Plan progress report to
Council, which generated community interest in the connections between
housing production and the City's long-term climate action goals. In
response, staff supported a SLO Chamber of Commerce stakeholder
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Item 6d
working group to explore how the Climate Action Plan, Housing Element,
and Land Use Element can collectively advance those shared goals. Those
convenings are ongoing and have been productive, resulting in proposed
actions in the draft Climate Action Plan that support housing that reduces
vehicle trips. The RFP directs the selected consultant to continue engaging
with this stakeholder group and to ensure that Housing Element programs
are developed in alignment with the goals and actions of the City’s Climate
Action Plan.
Housing Needs Analysis
o Utilizing public input, City-provided information, and various data sources
(California Department of Finance, US Census and American Community
Survey, etc.), the consultant will prepare an analysis per the requirements
of Government Code 65583(a) to understand various demographic trends,
household characteristics, and household needs.
Constraints Analysis
o The consultant will identify and analyze governmental and non -
governmental constraints to housing production. This analysis will identify
potential amendments to the General Plan, zoning code, and other policies
that could support housing growth, infill, and redevelopment in appropriate
locations.
Affirmatively Furthering Fair Housing (AFFH) Analysis
o Per State law, the consultant will prepare an analysis of patterns of
segregation and integration, access to opportunity, disparities in housing
needs and displacement risk in the community, barriers to housing choice,
at the local and regional levels, and provide meaningful and implementable
actions to address any identified fair housing issues.
Sites Inventory and RHNA Capacity Analysis
o The consultant will prepare a comprehensive sites inventory and capacity
analysis that demonstrates the City’s ability to accommodate its assigned
RHNA (which is anticipated to be 3,500-4,500 total units in the 7th Cycle) in
each income category.
Goals, Policies, Programs, and Quantified Objectives
o The consultant will evaluate the City’s existing Housing Element goals,
policies, programs, and quantified objectives and recommend which
provisions should be retained, revised, replaced, or removed. The
consultant shall develop proposed new or revised goals, policies, and
programs to ensure compliance with State law and effective response to the
housing needs, constraints, and key priorities identified through the update
process. Additionally, the consultant will evaluate the City’s Climate Action
Plan and ensure that the Housing Element programs support the housing-
related efforts identified therein.
Environmental Review and CEQA Compliance
o The Consultant shall evaluate and prepare appropriate environmental
documentation necessary to support adoption of the 7th Cycle Housing
Element Update pursuant to CEQA. The Consultant shall determine the
appropriate CEQA approach, including exemptions where possible.
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Item 6d
RFP Timeline
The RFP proposes the following schedule below. A consultant will be selected by
February 2027.
Request for Proposals Timeline
Request for Proposals Issued October 27, 2026
Last day for questions/clarifications November 6, 2026
City Response to questions/clarifications
due
November 10, 2026
RFP Submittal Deadline November 17, 2026
Interviews December 8, 2026
Notification of Intent to Award December 16, 2026
Agreement Execution January 13, 2027
Land Use and Circulation Element
In previous conversations about the Housing Element, questions have arisen as to
whether it is appropriate or necessary to also update the Land Use and Circulation
Element (often referred to as the “LUCE”).
It is estimated that a comprehensive update of the LUCE would cost approximately $1.5
- $2 million and take three to five years to complete. The LUCE was last updated in 2015
and has a 20-year planning period until 2035. Currently, the City is halfway through the
LUCE planning period and is on target with the housing production and capacity estimates
therein. Given that it can take three to five years to complete the LUCE update, if
resources are available, it would be logical to begin the process of updating the LUCE in
early 2029, which would be immediately after the completion and adoption of the Housing
Element.
Staff is recommending scoping of the Land Use and Circulation Element Update after the
Housing Element has been updated. This may require budgeting for a portion of the LUCE
update in the FY 2027-29 budget, with the bulk of the effort for the update occurring the
FY 2029-31 budget. Undertaking the effort at that time would allow the LUCE updates to
be responsive to the Housing Element and the update would be informed by the
comprehensive analysis of the General Plan to identify any potential amendments to the
LUCE that may be necessary for the implementation of the Housing Element. Further,
undertaking an update to the Housing Element, which has important state mandated
deadlines, while also undertaking a comprehensive LUCE update, would not be possible
with existing staff resources.
Given the recommended sequencing of the LUCE after the Hou sing Element update, staff
recommends postponing the study session regarding scoping of the LUCE to early 2029
after the Housing Element update has been completed.
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Item 6d
Previous Council or Advisory Body Action
On November 17, 2020, City Council adopted the 6th Cycle Housing Element
(Resolution).
Public Engagement
This item is on the agenda for the October 20, 2026, City Council meeting and will follow
all the required posting and notification standards. Public comment can be provided to
the City Council through written correspondence submitted prior to the meeting and
through public comment during the meeting. The Request for Proposals will be advertised
pursuant to all City purchasing guidelines.
CONCURRENCE
The Finance Department, City Attorney’s Office, and Office of Sustainability have
reviewed the Request for Proposals and approved its content.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, as the action does not constitute a “Project” under CEQA Guidelines Sec.
15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-27
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $150,000 $150,000 $ $
State
Federal
Fees
Other:
Total $150,000 $150,000 $
Staff has secured $150,000 of FY2025-26 carryover funding to use towards the Housing
Element update. In discussion with other jurisdictions, staff estimates that the total cost
of the Housing Element update could cost approximately $300,000. Staff will request the
additional funds necessary to fund the entire Housing Element update through the next
budget cycle process.
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Item 6d
ALTERNATIVES
1. Do not approve issuance of the Request for Proposals for the 7th Cycle Housing
Element Update. This option would require CDD staff to prepare the 7th Cycle
Housing Element Update, which is an intensive process requiring significant data
analysis, policy and program writing, public outreach, and coordination with the State.
CDD does not have the staffing resources necessary to prepare the update in the
timeline required by the State.
2. Defer consideration of the request. This option would delay issuance of the Request
for Proposals and selection of a consultant to prepare the 7th Cycle Housing Element
Update. This would negatively impact the project schedule and potentially lead to the
City missing the deadline set by the State to certify the update.
3. Combine the LUCE update with the 7th Cycle Housing Element update. This
alternative is not recommended, as it does not follow the logical sequencing of the
Housing Element update prior to the LUCE update. The Housing Element update will
inform any updates to the LUCE that are needed. Additionally, adding in the LUCE
update could impact the ability of the City to get the Housing Element certified by the
state before the deadline at the end of 2028. Staff and consultant resources would be
further strained by adding the LUCE scope to this item.
ATTACHMENTS
A - Draft Request for Proposals (RFP) for Housing Element Update
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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 the City’s 7th Cycle Housing Element Update
The City of San Luis Obispo is requesting sealed proposals for the City’s 7th Cycle Housing Element Update.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be
required to complete a free registration using BidNet Direct.
All proposals must be received via BidNet Direct by November 17, 2026 at 3 p.m., when they will then be
opened electronically via BidNet Direct on the proposal end date and time.
The preferred method for bid submission is electronic via BidNet Direct. However, if you wish to submit
a paper copy, please submit it in a sealed envelope plainly marked “Proposal for the City’s 7th Cycle
Housing Element Update,” to the Department of Finance, at 990 Palm Street, San Luis Obispo, CA, 93401,
at or before 3pm on November 17, 2026.
Project packages and additional information may be obtained at the City’s BidNet Direct website at
www.BidNetDirect.com.
For technical help with BidNet Direct, please contact BidNet Direct tech support at 800-835-4603. For any
questions regarding the City’s Housing Element Update, please contact David Amini, Housing Coordinator
at damini@slocity.org or (805) 781-7524.
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TABLE OF CONTENTS
A. INTRODUCTION ......................................................................................................................................... 2
B. SCOPE OF WORK ....................................................................................................................................... 2
C. PROJECT SCHEDULE .................................................................................................................................. 9
D. GENERAL TERMS AND CONDITIONS ....................................................................................................... 10
E. SPECIAL TERMS AND CONDITIONS.......................................................................................................... 12
F. PROPOSAL CONTENT REQUIREMENTS ....................................................... Error! Bookmark not defined.
EXHIBIT A : FORM OF AGREEMENT ............................................................................................................. 19
EXHIBIT B: INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES……………………………………………….. 28
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A. INTRODUCTION
The City of San Luis Obispo seeks proposals from qualified consulting firms to prepare the City’s Seventh
Cycle Housing Element Update for the 2029-2036 planning period. Through this process, the City seeks to
expand housing opportunities for all, promote diversity, equity, and inclusion, further fair housing
outcomes, and advancing City goals related to greenhouse gas emissions reductions and community
resiliency.
As a Prohousing designated jurisdiction by the state, the City leads the region in innovative housing
policies and programs. The City has successfully facilitated the development of 3,190 units during the
current Housing Element Cycle, 719 of which are deed-restricted affordable units, and is focused on
providing a variety of housing types for community members.
The selected consultant shall demonstrate relevant expertise, experience, and an approach that reflects
a clear understanding of the State Housing Element requirements and the City’s major goals and
commitment to housing and the creation of a sustainable community.
The completed Housing Element must meet all statutory requirements, be consistent with the City’s
General Plan, achieve certification from the California Department of Housing and Community
Development (HCD) by December 2028, and include relevant environmental compliance documentation
pursuant to the California Environmental Quality Act (CEQA).
The City’s General Plan and 6th Cycle Housing Element is available here:
https://www.slocity.org/government/department-directory/community-development/planning-
zoning/general-plan/. Past General Plan Annual Reports can be found here:
https://www.slocity.org/government/department-directory/community-development/planning-
zoning/general-plan
B. SCOPE OF WORK
The following outlines the required tasks and responsibilities of the consultant for completion of the 7th
Cycle Housing Element Update. The consultant shall conduct public outreach, prepare all required
technical analyses, draft and finalize Housing Element documents, and environmental documentation,
and support the City through the State review process, including submittal to HCD, coordination during
HCD’s review, and preparation of revisions necessary to achieve certification.
Each proposal shall include a detailed schedule and cost estimate that identifies the projected timeline,
staffing hours, and cost for completing each task listed below. Proposals should emphasize the ability to
deliver these tasks efficiently and within the proposed timeframe.
Project Management and Coordination
The consultant shall provide overall project management, coordination, and quality control throughout
preparation of the 7th Cycle Housing Element Update. This task includes project budget management,
schedule management, and coordination between the consultant and City staff across multiple
departments including meetings, phone conferences, email exchanges, and other communications to
ensure timely delivery, adoption, and certification of the City’s updated Housing Element. Proposals
should identify the number of meetings anticipated and expectations for jurisdictional staff. Strategies or
practices to ensure clear and timely communication and effective project coordination should be
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described. Strategies for ensuring coordination with HCD over the course of the project should also be
addressed, as needed.
Deliverables:
Project schedule and task-level budget, updated monthly
Kick-off meeting and regular coordination meetings between City staff and consultant (number
to be identified by consultant)
Consultant kick-off meeting notes, coordination meeting notes, and monthly project manager
meeting notes
Monthly (Quarterly?) status report identifying work completed, upcoming activities, deliverable
status
Community Outreach / Public Participation
Consultant shall develop a comprehensive community outreach program that effectively reaches,
educates and engages the community throughout the Housing Element update. The program shall include
strategies to ensure broad inclusion and equitable participation, particularly of hard-to-reach groups and
special needs populations, with special attention given to communicating information so it is accessible
and easy to understand. The intent of the outreach effort is not just to inform the public, but to engage
key stakeholder groups to provide expertise and support towards Housing Element policies and programs.
Outreach shall begin early in the process and continue throughout the project. . At a minimum, outreach
shall solicit and document public input regarding housing needs, constraints, draft ideas, site options, the
draft Housing Element, and environmental review documents.
The consultant will conduct workshops, develop surveys, engage with community groups such as the
Developer’s Roundtable, Chamber of Commerce, and collaborate with the City’s DEI and Communications
teams to ensure effective public outreach.
Deliverables:
Draft and final community outreach program (PDF file)
Attendance at meetings of established groups such as Developer’s Roundtable and the Chamber
of Commerce
Attendance at community engagement meetings and efforts (could include booths at Farmer’s
Market or other community events)
Attendance lists for public outreach meetings
List of comments/feedback from in-person meetings and online tools
Technical Memo(s) documenting Public Outreach Efforts
Notification list and ongoing management of list
Presentation materials
Marketing information and material to be distributed to the City’s website
Community engagement survey questions
Housing Needs Analysis
Utilizing public input from outreach efforts described above, City-provided information, and various data
sources (California Department of Finance, US Census and American Community Survey, etc.), the
consultant will prepare an analysis per the requirements of Government Code 65583(a) to understand:
1. Population, employment, and demographic trends;
2. Household characteristics, including cost burden and housing overcrowding;
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3. Existing housing needs;
4. Housing needs, including special needs housing, missing middle housing, and low-income housing;
5. Subsidized housing developments with expiring contracts;
6. Projected housing needs for all income levels to address the 7th Cycle RHNA including historic and
projected housing production.
Deliverables:
Draft and final Housing Needs Analysis Memo evaluating housing needs, demographic and
economic trends, data limitations, and implications for the Housing Element. The final memo shall
include supporting tables, charts, source citations, assumptions, and appendices or electronic
source files sufficient for the City to verify the analysis.
Constraints Analysis
The consultant shall identify and analyze potential and actual governmental and non-governmental
constraints consistent with the requirements of Government Code 65583(a)(5) and 65583(a)(6) to the
maintenance, improvement, or development of housing for all income levels, including housing for people
with disabilities. The analysis should identify the specific standards and processes of these constraints and
evaluate their impact on the supply and affordability of housing. The Constraints Analysis from the 6th
Cycle Housing Element should serve as a starting point for this effort.
The analysis should distinguish between constraints within the City’s control, and constraints imposed by
regional, or state regulatory standards pose an actual constraint and must also demonstrate efforts to
remove constraints that hinder a jurisdiction from meeting its housing needs. For constraints within the
City’s control, the consultant shall identify potential actions, programs, or amendments to reduce or
remove the constraint.
The consultant shall analyze development standards – including setbacks, lot coverage, minimum lot size
and width, height limits, and parking requirements – to assess whether they constrain housing
affordability, infill development, or the City’s ability to accommodate a range of housing types, and
identify opportunities to modify these standards, to support infill housing, affordability, and walkable
neighborhoods. Review existing zoning regulations, housing approval processes, permit procedures,
infrastructure constraints, environmental constraints, market conditions.
The consultant shall identify and evaluate potential amendments to the General Plan and zoning code
that could support context sensitive infill housing, missing middle housing types, and redevelopment in
appropriate locations.
Deliverables:
Constraints Analysis
o inventory of governmental and nongovernmental constraints;
o supporting data and documentation;
o Identification of whether each constraint is within the City’s control; and
o Recommended programs, amendments, or other actions to reduce or remove identified
constraints.
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Affirmatively Furthering Fair Housing (AFFH) Analysis
The consultant shall prepare an AFFH analysis consistent with Government Code 65583(c)(10), current
HCD guidance, and all other applicable State requirements. The analysis shall evaluate patterns of
segregation and integration, access to opportunity, disparities in housing needs and displacement risk in
the community, barriers to housing choice, at the local and regional levels, and provide meaningful and
implementable actions to address any identified fair housing issues.
The analysis shall identify and prioritize contributing factors associated with each identified fair housing
issue and evaluate the relationship between the City’s proposed housing sites, policies, programs, and fair
housing conditions. Based on this analysis, the consultant shall recommend specific, meaningful, and
implementable actions to address identified fair housing issues. Each recommended action shall identify
the intended outcome, responsible party, implementation timeframe, geographic focus where applicable,
and measurable objective or performance metric.
The consultant shall document the data sources, assumptions, methodology, limitations, and community
input used in the analysis and shall coordinate its findings and recommendations with the Housing Needs
Analysis, Constraints Analysis, Sites Inventory, and proposed Housing Element programs.
Deliverables:
AFFH Analysis
o Supporting data, maps, tables, and source documentation;
o Analysis of local and regional fair housing patterns and conditions;
o Identification and prioritization of contributing factors;
o Evaluation of the relationship between housing opportunity sites and fair housing
conditions;
o Summary of relevant community and stakeholder input; and
o Recommended actions with responsible parties, implementation timeframes, geographic
focus, and measurable objectives.
Sites Inventory and RHNA Capacity Analysis
The consultant shall prepare a comprehensive housing opportunity sites inventory and capacity analysis
consistent with Government Code 65583(a)(3) and that demonstrates the City’s ability to accommodate
its assigned RHNA (which is anticipated to be 3,000-4,500 units in the 7th Cycle) in each income category.
This task shall include:
1. Reviewing the prior-cycle sites inventory and determining the continued availability and realistic
development capacity of previously identified sites;
2. Identifying and evaluating new opportunity sites;
3. Preparing a parcel-level inventory identifying applicable zoning, General Plan designation, existing
use, acreage, development status, assumed density, realistic unit capacity, income category, and
other relevant site characteristics;
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4. Identifying approved, proposed, or planned housing developments that may be credited toward
the RHNA, together with the assumptions supporting any claimed capacity;
5. Evaluating whether existing zoning, development standards, infrastructure, environmental
conditions, ownership patterns, and existing uses affect the availability or realistic capacity of
identified sites;
6. Evaluating specific plan areas and other appropriate locations where changes in density,
development standards, or land-use regulations could increase housing capacity;
7. Evaluating the geographic distribution of opportunity sites and coordinating the analysis with the
AFFH Analysis;
8. Identifying any shortfall in capacity by income category and recommending zoning amendments,
General Plan amendments, programs, incentives, or other strategies necessary to accommodate
the RHNA; and
9. Maintaining sufficient supporting documentation to substantiate all site-selection and capacity
assumptions.
Deliverables:
Draft and final parcel-level Sites Inventory in editable spreadsheet;
Draft RHNA Capacity Analysis showing capacity by site, income category, and applicable planning
area;
Draft opportunity site maps;
Capacity shortfall and implementation strategy;
Inventory of pending and approved housing projects for credit toward RHNA.
Goals, Policies, Programs, and Quantified Objectives
The consultant shall evaluate the City’s existing Housing Element goals, policies, programs and quantified
objectives and recommend which provisions should be retained, revised, replaced, or removed. The
consultant shall develop proposed new or revised goals, policies, and programs to ensure compliance with
State law and effective response to the housing needs, constraints and key priorities identified through
the update process.
The consultant shall evaluate whether existing General Plan density standards constrain the City’s ability
to accommodate its RHNA and facilitate infill housing consistent with State housing law and City climate
goals as outlined in the Climate Action Plan.
Proposed goals, policies, programs, and objectives shall reflect priorities articulated through the
community engagement process as well as ensuring internal consistency with other elements of the
General Plan.
The consultant shall identify amendments to other General Plan Elements, policies, or programs necessary
to ensure internal consistency.
Each proposed Housing Element program shall identify, at a minimum, the specific implementation action,
responsible City department or other responsible party, implementation timeframe, funding source
where applicable, geographic applicability where relevant, measurable objective, and monitoring or
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reporting requirement. Recommendations shall distinguish between mandatory actions necessary for
compliance and discretionary actions proposed to advance City priorities.
Deliverables:
Evaluation matrix identifying each existing goal, policy, program, and quantified objective and
recommending whether it should be retained, revised, replaced, or removed, with the basis for
each recommendation;
Implementation matrix identifying each program’s required action, responsible party,
implementation deadline, funding source where applicable, measurable objective, and
monitoring requirement;
Draft and final memorandum identifying amendments to other General Plan elements, policies,
or programs necessary for internal consistency with the Housing Element and applicable State
law. The memorandum shall describe each proposed amendment, its purpose, responsible
department, anticipated schedule, and relationship to the Housing Element.
Draft Housing Element and Public Hearings
The consultant shall prepare and submit an administrative draft Housing Element incorporating all
required statutory components, technical analyses, findings, goals, policies, programs, and
implementation measures necessary to satisfy State law and HCD requirements for jurisdictional staff
review.
The City will provide a comprehensive set comments on the administrative draft. The consultant shall
revise the administrative draft to address the City’s comments and identify any requested change that the
consultant believes may create compliance concerns.
Once edits are complete, the consultant shall prepare a draft Housing Element that is made available to
the public and presented to both the Planning Commission and City Council at public hearings. Based on
public comments, Planning Commission and Council input, the consultant shall prepare a revised draft for
the City review. Following City approval, the consultant shall prepare the complete HCD submittal package
and support the City’s submission to HCD.
Deliverables:
Administrative draft (Microsoft Word file), public review draft, and HCD review draft Housing
Element (Microsoft Word and PDF files)
Comment-response matrices documenting City comments, public comments, and Planning
Commission and City Council direction
Complete HCD submittal package, including the revised Housing Element, supporting technical
documents, appendices, maps, data files, and other required materials
Meeting agendas, staff-support materials, and PowerPoint presentations in editable and PDF
formats for each Planning Commission and City Council presentation
Meeting summaries documenting comments, questions, and direction received at each public
meeting or hearing
Final native and editable files for all supporting tables, maps, graphics, and appendices.
Preparation for and attendance at a minimum of two public meetings or hearings—one Planning
Commission meeting and one City Council meeting. The proposal shall identify the number of
included meetings and the cost for additional authorized meetings.
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Ongoing Engagement and Consultation with HCD
The consultant shall support the City’s engagement with HCD throughout the housing element update
and certification process. This will include establishing regular meetings with the HCD reviewer, and
corresponding with HCD on behalf of the City. The consultant shall not submit correspondence, revised
Housing Element materials, or other substantive materials to HCD without the City’s prior approval, unless
otherwise authorized in writing by the City. Consultant will ensure that HCD adheres to their published
review timelines during review of the draft and final Housing Element. The consultant shall not be
responsible for delays caused solely by HCD; however, the consultant shall remain responsible for timely
and complete responses to HCD comments and for correcting deficiencies attributable to the consultant’s
work.
Engagement with HCD shall continue through completion of the HCD review process and the City’s receipt
of HCD’s final written findings on the adopted Housing Element, subject to the terms and duration of the
Agreement.
Final Draft Hearings, Final Adoption and Certification
The consultant shall work closely with HCD and City staff to respond to any comments and produce a final
draft Housing Element for adoption. The consultant shall maintain a comment-response matrix
documenting each HCD comment, the proposed response, resulting revisions, and any issue requiring City
direction. Corrections arising from errors, omissions, or deficiencies in the consultant’s work shall be
completed without additional compensation. The consultant shall prepare for present to the Planning
Commission and City Council at public meetings.
Following adoption, the consultant shall prepare the final Housing Element, including incorporating all
approved changes from the public hearings, and submit to HCD for final certification as well as the
water/sewer district and the California Office of Land Use and Climate Innovation.
Deliverables:
Draft final , adopted, and HCD reviewed Housing Element (Microsoft Word and PDF files);
Meeting agendas, staff-support materials, and PowerPoint presentations in editable and PDF
formats for the Planning Commission and City Council meetings.
Preparation for and attendance at one Planning Commission hearing and one City Council
adoption hearing.
Complete post-adoption HCD submittal package, including the adopted Housing Element,
resolutions, supporting documents, comment-response materials, and other required files.
Final submittal packages for water/sewer district, and the California Office of Land Use and
Climate Innovation.
Attendance at between two to six public meetings (Planning Commission and City Council).
Final HCD certification package.
Environmental Review and CEQA Compliance
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The Consultant shall evaluate and prepare appropriate environmental documentation necessary to
support adoption of the 7th Cycle Housing Element Update pursuant to CEQA. The Consultant shall
determine the appropriate CEQA approach, evaluating potential streamlining and tiering opportunities.
The Consultant shall evaluate potential impacts related to land use, population and housing,
transportation, air quality, greenhouse gas emissions, biological resources, cultural resources, utilities,
public services, hazards, noise, aesthetics, and all other applicable CEQA resource areas.
The Consultant shall be responsible for preparing all required CEQA documents, within the City-approved
scope, and shall support environmental noticing, responses to comments, and adoption procedures.
Deliverables:
Initial Study
Administrative Draft Environmental Document (i.e. Mitigated Negative Declaration or
Environmental Impact Report as appropriate)
Public Review Draft
Recommended Mitigation Measures and Monitoring Report, if applicable
Notice of Intent, Notice of Availability, Response to Comments
Final Environmental Document
Notice of Determination
C. PROJECT SCHEDULE
Request for Proposals Timeline
Request for Proposals Issued October 27, 2026
Last day for questions/clarifications November 6, 2026
City Response to questions/clarifications due November 10, 2026
RFP Submittal Deadline November 17, 2026
Interviews December 8, 2026
Notification of Intent to Award December 16, 2026
Agreement Execution January 13, 2027
Important Dates Milestones
December 2027 City review of administrative draft Housing Element and supporting
documents
March 2028 Review of draft Housing Element by Planning Commission
April 2028 Review of draft Housing Element by City Council
May 2028 Submission of City-approved draft Housing Element to HCD
May-November 2028 Staff and Consultant review HCD comments, incorporate changes into
final draft for adoption
November 2028 Review of final Housing Element by Planning Commission and City
Council
December 2028 Final certification by HCD on or before this date.
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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 BidNet. However, if you can’t submit
electronically, please email a copy to the contacts listed in the RFP package, if you can’t email it,
please send a 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.
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 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 Exhibit C to
the Agreement (Exhibit A to the RFP).
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.
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 and questions shall be submitted in writing
by the deadline and through the method specified in this RFP. Only a written addendum issued
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by the City may modify the requirements of this RFP. Oral statements and other informal
communications shall not bind the City.
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, request clarification, negotiate scope or compensation, and accept the proposal
determined to provide the best value to the City. See the proposal evaluation section 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
Professional Services Agreement contract with the City within ten (10) calendar days after notice
of the award. The contract shall be made in the form adopted by the City and incorporated in
these specifications. Any proposed modifications to the City’s contract shall be submitted with
the bidder’s proposal and may be factored into the City’s decision to award the contract.
CONTRACT PERFORMANCE
11. The City’s contract terms and conditions that Consultant will be expected to execute and be bound by
are attached hereto as Exhibit A.
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F. SPECIAL TERMS AND CONDITIONS
1. Contract Award. The contract will be awarded to the responsive and responsible proposer whose
proposal the City determines provides the best value based on the evaluation criteria stated in this
RFP. Award is subject to successful negotiation and execution of the City’s Professional Services
Agreement.
2. 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 most qualified, responsive proposer and to
accept the next acceptable proposal from a proposer that is not experiencing a labor action, and
to declare it to be the most qualified, responsive proposer.
3. Failure to Accept Contract.
The following will occur if the proposer to whom the award is made fails to execute the
Agreement, provide required insurance documents, or satisfy another condition of award within
the time specified by the City, the City may withdraw the award and proceed with another
proposer. The City is not required to select the next highest-ranked proposer.
5. Contract Term.
The supplies or services identified in this specification are anticipated to be used by the City for
22 months. 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 written amendment when necessary to complete
the approved services, respond to delays outside the parties’ reasonable control, or perform
additional services authorized by the City. An extension of time shall not automatically entitle the
consultant to additional compensation.
7. 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.
Non-Exclusive Contract. The Agreement is nonexclusive. The City may obtain related or supplemental
services from other consultants when the City determines that doing so is in its best interest. The
consultant shall reasonably cooperate and coordinate with City staff and other City consultants.
8. Delivery. The consultant’s fee shall include delivery of all work products identified in the Scope of
Work. Deliverables shall be provided electronically in the required editable and publication-ready
formats. Printing, mailing, travel, and other reimbursable expenses shall be included in the
proposed fee unless separately identified and approved by the City.
9. Start and Completion of Work. Work shall begin only after the City issues a written notice to
proceed. The consultant shall complete the services in accordance with the approved project
schedule and contract term. The consultant shall promptly notify the City in writing of any
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anticipated delay and provide a proposed recovery plan. No extension of time or increase in
compensation shall be effective without prior written City authorization.
10. Change in Work. The City may direct changes to the approved services by written amendment or
other written authorization permitted under the Agreement. Before performing changed work,
the consultant shall submit a written proposal describing the revised scope, deliverables, staffing,
schedule effect, and compensation. The consultant shall continue performing unaffected services
while a proposed change is under review. Corrections of errors, omissions, inconsistencies, or
deficiencies in the consultant’s work are not additional services and shall be completed without
additional compensation.
11. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFP package.
12. 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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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 firms 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. Description of the proposer’s understanding of the project objectives, key issues, risks,
dependencies, and proposed approach to completing each task and deliverable in the
Scope of Work
i. Detailed project schedule showing tasks, subtasks, deliverables, City review periods,
public meetings, HCD review periods, environmental-review activities, dependencies,
critical-path activities, and responsible personnel
j. Staffing plan showing the estimated hours of each proposed individual and subconsultant
by task and deliverable.
k. Detailed cost proposal showing labor hours, billing rates, labor costs, subconsultant costs,
reimbursable expenses, contingency or allowance amounts, optional services, and total
not-to-exceed compensation by task and deliverable
l. Specific services, data, decisions, review periods, meeting support, and other resources
the proposer assumes will 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 and expects
the Consultant to execute the City’s contract and all of the terms therein, as set forth in
Exhibit A. To expedite the contracting process, each submittal shall include requested
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redlined changes to terms and conditions, if necessary. Please be advised that
Consultant’s requested changes to the City’s terms and conditions will be considered by
City staff when scoring and determining the competency and responsibility of the
proposer.
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:
Criteria Points
Project understanding and proposed approach
Firm experience and performance on comparable projects
Qualifications, experience, roles, and availability of
proposed personnel
Work plan, schedule, project controls, and quality assurance
Cost, level of effort, and overall value
Proposal quality, references, contract exceptions, and
overall project risk
Commitment to climate action and sustainable business
practices
a. Understanding of the work required by the City. Demonstrated understanding of the
project objectives, required services, regulatory process, major risks, dependencies, and
City priorities; and the quality, feasibility, and completeness of the proposed approach.
b. Quality, clarity and responsiveness of the proposal. Relevant experience successfully
completing comparable California housing-element, public-outreach, HCD-coordination,
and environmental-review assignments. Consideration may include project outcomes,
timeliness, budget performance, and client references
c. Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the City. Qualifications, relevant experience, assigned
roles, demonstrated availability, and continuity of the proposed project manager, key
personnel, and subconsultants.
d. Work Plan. Quality and feasibility of the proposed work plan, task-level schedule, staffing
allocation, quality-control process, communication procedures, HCD-comment tracking,
and methods for managing schedule, budget, and project risk.
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e. Cost and Overall Value. Reasonableness and completeness of the proposed fee, staffing
hours, billing rates, task allocation, assumptions, optional-service pricing, and overall
value offered to the City. The lowest-priced proposal will not necessarily receive the
highest score.
f. Work Plan and Project Controls. Quality and feasibility of the proposed work plan, task-
level schedule, staffing allocation, quality-control process, communication procedures,
HCD-comment tracking, and methods for managing schedule, budget, and project risk.
g. Information about how your company mitigates the environmental impact of its services,
such as greenhouse gas emissions, amount of waste generated, water and energy use, or
other areas related to your products and services.
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. The City intends to select the proposer whose
qualifications, approach, personnel, work plan, cost, and contractual risk provide the best overall value to
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. If the City cannot reach an acceptable agreement, it may terminate negotiations and
begin negotiations with another proposer. The City reserves the right to reject all proposals, cancel the
procurement, or make no award.
3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award:
a. Issue RFP October 27, 2026
b. Receive proposals November 17, 2026
c. Complete proposal evaluations January 4, 2027
d. Conduct finalist interviews and finalize recommendation January 11, 2027
e. Execute contract February 9, 2027
f. Start work February 9, 2027
4. 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.
5. 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.
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 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.
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7. Required Deliverable Products. The Contractor will be required to provide:
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.
ALTERNATIVE PROPOSALS
8. 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).
9. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Contractor at up to [number] public meetings to present and discuss
its findings and recommendations. Contractor shall attend as many "working" meetings with staff
as necessary in performing work-scope tasks.
10. Accuracy of Specifications. The specifications for this project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are
cautioned to undertake an independent analysis of any test results in the specifications, as City
does not guaranty the accuracy of its interpretation of test results contained in the specifications
package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall
bear sole responsibility for proposal preparation errors resulting from any misstatements or
omissions in the plans and specifications that could easily have been ascertained by examining
either the project site or accurate test data in the City's possession. Although the effect of
ambiguities or defects in the plans and specifications will be as determined by law, any patent
ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure
to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An
ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming
reasonable skill, ability and diligence on its part, knew or should have known of the existence of
the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in
writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any
right to assert said defects or ambiguities subsequent to submittal of the proposal.
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To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful bidder to achieve the project’s objective or standard
beyond the amounts provided there for in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged
ambiguity or defect in the plans and/or specifications, or any other matter whatsoever,
Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors
shall continue to perform, irrespective of whether or not the ambiguity or defect is major,
material, minor or trivial, and irrespective of whether or not a change order, time extension, or
additional compensation has been granted by City. Failure to provide the hereinbefore described
written notice within one (1) working day of contractor's becoming aware of the facts giving rise
to the dispute shall constitute a waiver of the right to assert the causative role of the defect or
ambiguity in the plans or specifications concerning the dispute.
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EXHIBIT A
CITY OF SAN LUIS OBISPO
PROFESSIONAL SERVICES AGREEMENT
This agreement (Agreement) is made and entered into in the City of San Luis Obispo on ________ by and
between the City of San Luis Obispo, a municipal corporation and charter city (City) and ________,
hereinafter referred to as Contractor (collectively referred to as the “Parties”).
WITNESSETH:
WHEREAS, on _______, City requested proposals for Notice Requesting Proposals the City’s 7th
Cycle, and;
WHEREAS, Contractor is qualified to perform this type of Services and has submitted a written
proposal to do so, which has been accepted by City; and
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 and completion of said Services, whichever occurs sooner.
2. INCORPORATION BY REFERENCE. City Notice Requesting Proposals the City’s 7th Cycle and
Contractor’s proposal are hereby incorporated in and made a part of this Agreement, attached as
Exhibit A. The City’s insurance requirements are hereby incorporated in and made part of this
Agreement, attached 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 as stated herein, the City’s terms and
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, and upon receipt of an
invoice, City will pay and Contractor shall receive compensation as set forth in Contractor’s proposal
and pursuant to the Payment Terms set forth in paragraph 14 of the Agreement.
4. CONTRACTOR’S OBLIGATIONS. For and in consideration of the payments and agreements herein
before mentioned to be made and performed by City, Contractor agrees with City to do everything
required by this Agreement including that work as set forth in Exhibit A.
5. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that
Contractor is required to pay.
6. LICENSES AND PERMITS. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law for the performance of the Services described
in this Agreement. The Contractor shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary under this Agreement.
7. COMPLIANCE WITH LAW. The Contractor shall keep itself informed of and shall observe and
comply with all applicable State and Federal laws and regulations, and county and City of San Luis
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Obispo ordinances, regulations and adopted codes, which in any manner affect those employed
by Contractor or in any way affect the performance of the Services pursuant to this Agreement.
The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure
of the Contractor to comply with this Section. Failure to comply with local ordinances may result
in monetary fines and cancellation of this Agreement.
8. COMPLIANCE WITH INDUSTRY STANDARD. Contractor shall provide services acceptable to City in
strict conformance with the Agreement. Contractor shall also provide in accordance with the standards
customarily called for under this Agreement using the degree of care and skill ordinarily exercised by
reputable providers of such services. Where approval by the City, the City Manager, the Mayor, or other
representative of City is required, it is understood to be general approval only and does not relieve
Contractor of responsibility for complying with all applicable laws, codes, policies, regulations, and
good business practices.
9. INDEPENDENT CONTRACTOR.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor.
The personnel performing the Services under this Agreement on behalf of Contractor shall
at all times be under Contractor's exclusive direction and control. Neither City nor any of
its officers, employees, or agents shall have control over the conduct of Contractor or any
of Contractor's officers, employees, or agents, except as set forth in this Agreement.
Contractor shall not at any time or in any manner represent that it or any of its officers,
employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability
whatsoever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance
of this Agreement. Except for the fees paid to Contractor as provided in the Agreement,
City shall not pay salaries, wages, or other compensation to Contractor for performing the
Services hereunder for City. City shall not be liable for compensation or indemnification
to Contractor for injury or sickness arising out of performing services hereunder.
c. Contractor’s duties and services under this agreement shall not include preparing or
assisting the public entity with any portion of the public entity’s preparation of a request
for proposals, request for qualifications, or any other solicitation regarding a subsequent
or additional contract with the public entity. The public entity entering this agreement
shall at all times retain responsibility for public contracting, including with respect to any
subsequent phase of this project. Contractor/Contractor’s participation in the planning,
discussions, or drawing of project plans or specifications shall be limited to conceptual,
preliminary, or initial plans or specifications. Contractor/Contractor shall cooperate with
the public entity to ensure that all bidders for a subsequent contract on any subsequent
phase of this project have access to the same information, including all conceptual,
preliminary, or initial plans or specifications prepared by contractor pursuant to this
agreement.
10. 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 Contractor’s operations, it shall be replaced or restored at Contractor’s
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expense. The City’s facilities shall be replaced or restored to a condition as good as when the
Contractor began the work.
11. IMMIGRATION ACT OF 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of the Services 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 Services hereunder.
12. NON-DISCRIMINATION. In the performance of the Services, 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.
13. WORK SCHEDULED/TIME OF COMPLETION.
City and Contractor agree that time is of the essence in this Agreement. City and Contractor
further agree that Contractor's failure to perform on or at the times set forth in this Agreement
will damage and injure City, but the extent of such damage and injury is difficult or speculative to
ascertain. Consequently, City and Contractor agree that any failure to perform by Contractor at
or within the times set forth herein shall result in liquidated damages for each and every day such
performance is late or delayed. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government Code
Section 53069.85 and that each party hereto is familiar with and understands the obligations of
said Section of the Government Code.
14. 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). Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter
as practical, for services provided in the previous month. Final June invoices shall be received no
later than the 5th business day of July to meet City fiscal year-end deadlines. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City
disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days
of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this
Agreement shall be made within forty-five (45) days of receipt of an invoice, therefore.
15. INSPECTION. City shall at all times have the right to inspect the work being done under this
Agreement and Contractor shall furnish City with every reasonable opportunity and assistance
required for City to ascertain that the Services of the Contractor are being performed in
accordance with the requirements and intentions of this Agreement. 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 under the Agreement.
16. RELEASE OF INFORMATION.
a. All information gained by Contractor in performance of this Agreement shall be
considered confidential and shall not be released by Contractor without City's prior
written authorization. Contractor, its officers, employees, agents, or subcontractors, shall
not, without written authorization from the City Manager or unless requested by the City
Attorney, voluntarily provide declarations, letters of support, testimony at depositions,
response to interrogatories, or other information concerning the work performed under
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this Agreement. Response to a subpoena or court order shall not be considered
"voluntary" provided Contractor gives City notice of such court order or subpoena.
b. Contractor shall promptly notify City should Contractor, its officers, employees, agents,
or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions, or other
discovery request (“Discovery”), court order, or subpoena from any person or party
regarding this Agreement, unless the City is a party to any lawsuit, arbitration, or
administrative proceeding connected to such Discovery, or unless Contractor is
prohibited by law from informing the City of such Discovery. City retains the right, but has
no obligation, to represent Contractor and/or be present at any deposition, hearing, or
similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or
administrative proceeding and is averse to Contractor in such proceeding, Contractor
agrees to cooperate fully with City and to provide the opportunity to review any response
to Discovery requests provided by Contractor. However, City's right to review any such
response does not imply or mean the right by City to control, direct, or rewrite said
response.
17. OWNERSHIP OF DOCUMENTS.
a. Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the
performance of the Services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give City the right to examine and audit said books and records;
shall permit City to make transcripts or copies therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a
period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this Agreement, all
original documents, designs, drawings, maps, models, computer files, surveys, notes, and
other documents prepared in the course of providing the Services under this Agreement
shall become the sole property of the City and may be used, reused, or otherwise
disposed of by the City without the permission of the Contractor. With respect to
computer files, Contractor shall make available to the City, at the Contractor's office and
upon reasonable written request by the City, the necessary computer software and
hardware for purposes of accessing, compiling, transferring, copying and/or printing
computer files. Contractor hereby grants to City all right, title, and interest, including any
copyright, in and to the documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared by Contractor in the course of providing
the Services under this Agreement.
18. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but not
limited to California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend,
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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 Contractor’s performance or Contractor’s failure to
perform its obligations under this Agreement or out of the operations conducted by Contractor,
including the City’s passive negligence, except for such loss or damage arising from the sole or
active 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 Contractor’s
performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees
or at the City’s option, reimburse the City Indemnitees the ir costs of defense, including
reasonable legal fees, incurred in defense of such claims. The review, acceptance or approval of
the Contractor’s work or work product by any indemnified party shall not affect, relieve or
reduce the Contractor’s indemnification or defense obligations. This Section survives the
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.
Contractor’s indemnification obligations under this section extend to any claims arising out of or
related to the negligence, recklessness, or willful misconduct of any sub-Contractors/
subcontractors.
19. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this
Agreement, or any portion hereof, by serving upon the Contractor at least thirty (30) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work
under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate
the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to
Contractor the actual value of the work performed up to the time of termination, provided that
the work performed is of value to the City. Upon termination of the Agreement pursuant to
this Section, the Contractor will submit an invoice to the City pursuant to Section 14.
20. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines 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 ten (10) calendar day notice of time thereafter in which to perform said work or cure the
deficiency.
a. If the Contractor has not performed the work or cured the deficiency within the ten (10)
days specified in the notice, such shall constitute a breach of the Agreement and the City
may terminate the Agreement immediately by written notice to the Contractor to said
effect (“Notice of Termination”). Thereafter, neither party shall have any further duties,
obligations, responsibilities, or rights under the Agreement except to comply with the
obligations upon termination.
b. 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
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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 or services 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
scope.
c. The City reserves the right to delay 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 not to exceed amount shown in this Agreement.
21. INSURANCE. Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit B attached to and made part of this Agreement.
22. 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.
23. SAFETY PROVISIONS. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
24. PUBLIC AND EMPLOYEE SAFETY. Whenever the Contractor 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.
25. UNDUE INFLUENCE. Contractor declares and warrants that no undue influence or pressure was used
against or in concert with any officer or employee of the City in connection with the award, terms or
implementation of this Agreement, including any method of coercion, confidential financial
arrangement, or financial inducement. No officer or employee of the City has or will receive
compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of
Contractor, in connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City
to any and all remedies at law or in equity.
26. 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.
a. As required above, before retaining or contracting with any subContractor for any services
under this Agreement, City must consent to such assignment of performance in writing. For
City to evaluate such proposed assignment, Contractor shall provide City with the identity of
the proposed subContractor, a copy of the proposed written contract between Contractor and
such subContractor, which shall include an indemnity provision similar to the one provided
herein and identifying City as an indemnified party, or an incorporation of the indemnity
provision provided herein, and proof that such proposed subContractor carries insurance at
least equal to that required by this Agreement or obtain a written waiver from City for such
insurance.
27. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement shall be
in writing and shall be effective only upon approval by the appropriate review authority according to
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the City’s Financial Management Manual. Contractor shall not be compensated for any services
rendered in connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized by the City in advance and in writing.
28. 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. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all
facts such party deems material.
29. NOTICE. All notices to the Parties hereto under this Agreement shall be in writing and shall be sent
either by (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not
limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) United
States Mail, certified, postage prepaid, return receipt requested. All such notices shall be delivered to
the addressee or addressed as set forth below:
To City:
To Contractor:
30. GOVERNING LAW. Any action arising out of this Agreement shall be brought in the Superior Court
of San Luis Obispo County, California, regardless of where else venue may lie. The validity,
interpretation, construction and performance of this Agreement, and all acts and transactions
pursuant hereto and the rights and obligations of the Parties hereto shall be governed, construed
and interpreted in accordance with the laws of the State of California, without giving effect to
principles of conflicts of law.
31. 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 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 CONTRACTOR
_______________________________
_______________________________
APPROVED AS TO FORM:
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_______________________________
By: J. Christine Dietrick, City Attorney
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EXHIBIT A
[Placeholder for RFP/RFQ/IFB and Contractor’s Proposal]
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EXHIBIT B
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work,
CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT,
policies of insurance of the type and amounts described below, and in a form satisfactory to CITY.
General liability insurance. CONTRACTOR 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.
Automobile liability insurance. CONTRACTOR 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 Contractor 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.
Professional liability (errors & omissions) insurance. CONTRACTOR 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 CONTRACTOR agrees to
maintain continuous coverage through a period no less than three (3) years after completion of the
services required by this AGREEMENT.
Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance
(Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). CONTRACTOR
shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor
of CITY, its officers, agents, employees, and volunteers.
Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess
liability insurance policy with limits that will provide bodily injury, personal injury and property damage
liability coverage at least as broad as the primary coverages set forth above, including commercial general
liability, automobile liability, and employer’s liability. Such policy or policies shall include the following
terms and conditions:
A drop-down feature requiring the policy to respond if any primary insurance that would
otherwise have applied proves to be uncollectible in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement;
Concurrency of effective dates with primary policies;
Policies shall “follow form” to the underlying primary policies; and
Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the
insurance coverage required herein, along with a waiver of subrogation endorsement for workers’
compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior
to commencement of performance. Current certification of insurance shall be kept on file with CITY at all
times during the term of this contract. CITY reserves the right to require complete, certified copies of all
required insurance policies, at any time.
Duration of coverage. 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 CONTRACTOR, his agents, representatives, employees or
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subContractors.
Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-
insurance procured or maintained by CITY shall not be required to contribute with it. The limits of
insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own
insurance or self-insurance shall be called upon to protect it as a named insured.
CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does
not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty
to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed
by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments.
In the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized
by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line
Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless
otherwise approved by the CITY’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall
be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials,
employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence
in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR
hereby waives its own right of recovery against CITY and shall require similar written express waivers and
insurance clauses from each of its subContractors.
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any
actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any
requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section
are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains
higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the
higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to
provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10)
day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and
its officers, officials, employees, and agents, and volunteers shall be additional insureds under such
policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in
compliance with these requirements if they include any limiting endorsement of any kind that has not
been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds
ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain
any cross-liability exclusions.
Pass through clause. CONTRACTOR agrees to ensure that its subContractors, subcontractors, and any
other party involved with the project who is brought onto or involved in the project by CONTRACTOR,
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provide the same minimum insurance coverage and endorsements required of CONTRACTOR.
CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees
that upon request, all agreements with Contractors, subcontractors, and others engaged in the project
will be submitted to CITY for review.
CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90)
days advance written notice of such change. If such change results in substantial additional cost to the
CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY
reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a
deductible. Self-insurance will not be considered to comply with these specifications unless approved by
CITY.
Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits
instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that
involve or may involve coverage under any of the required liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any
additional kinds of insurance, which in its own judgment may be necessary for its proper protection and
prosecution of the work.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage, as well as endorsements effecting general liability
coverage. All endorsements are to be received and approved by the City before work commences.
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