Bid Notice.pdf

Version (07/01/2026)

As-Needed Asbestos and Lead Paint

Consulting Services 26-27/05

REQUEST

FOR

PROPOSAL

(RFP)

PURCHASING DEPARTMENT

530 Water Street, Oakland, CA 94607

RFP 26-27/05, Invitation, Page 1 of 3

RFP No.: 26-27/05, As-Needed Asbestos and Lead Paint Consulting Services

The Port of Oakland (the “Port”), through its Purchasing Department, is hereby soliciting competitive proposals for the above-mentioned project. The successful Respondent will be required to furnish all labor, material, equipment, supplies, applicable taxes, insurance, bonding, and licenses to complete this project.

Proposal Information

Proposal Title As-Needed Asbestos and Lead Paint Consulting Services

Proposal Type Professional Services

Proposal Number 26-27/05

Proposal Issued July 31, 2026

Requesting Department Environmental Programs and Planning

Pre-proposal Meeting August 11, 2026 at 10:00 a.m. (Pacific Time) Zoom Meeting: https://portoakland.zoom.us/

Meeting ID: 974 0446 0228 Passcode: 824810

Scheduled Publication Date July 31, 2026

Proposal Due Date and Time August 27, 2026 until 11:00 a.m. (Pacific Time)

Instructions for Submitting Proposals

Electronic Delivery Address https://lf.portoakland.com/

Please login to Liquid Files at the above listed URL and click on the “Register” button to upload your proposal to hbeaudry@portoakland.com. Do not email your proposal to the Purchasing Contact directly. Your proposal must be uploaded to the Liquid Files’ site to be accepted by the Port. Once your Proposal has been uploaded to Liquid Files, you will receive a copy of the email that Liquid Files generates to the Purchasing Contact with your proposal. (Note: Liquid Files limits the file size to a maximum of 500 Megabytes (MB), and there will be a slight delay as to when Liquid Files emails your Proposal to the Purchasing Contact, so please upload your files early so that they will be received by the due date and time.)

Submittal Copies One (1) Original Proposal as a single file in Adobe Portable Document Format (pdf) transmitted to the above listed Purchasing Contact via Liquid Files. (If your file size is larger than 500 MB, please modify it to be less than 500 MB.)

Late Submittals Electronic Proposals received after the Proposal Due Date and Time stated above will not be downloaded by the Port.

RFP 26-27/05, Invitation, Page 2 of 3

How to Obtain Proposal Documents

Copies of the Proposal documents may be obtained at:

Physical Location Address Information

Port of Oakland--Purchasing Department 530 Water Street, Oakland, CA 94607 Monday through Friday 8:00 a.m. to 4:00 p.m.

(510) 627-1248

Website https://www.portofoakland.com/business/bids-rfp-center/

Or navigate to the Port of Oakland’s main website at:

http://www.portofoakland.com/, then click on “Business” section on the top of the page, and then select “Bids/RFPs/RFQs Center” to download the RFP document.

Questions about the Proposal

Questions and/or Requests for Information (RFI) must be submitted in writing and can be submitted by email as follows:

Purchasing Dept. Contact Heather Beaudry Senior Procurement Analyst Email: hbeaudry@portoakland.com

Question/RFI Due Date August 14, 2026 until 4:00 p.m. (Pacific Time)

Please submit any questions regarding this RFP as soon as possible but by no later than the above due date and time. The Port will not respond to any questions regarding this RFP received after the above due date and time.

Response Date August 19, 2026

Port responses to timely received questions regarding this RFP will be provided via an emailed addendum to all prospective Proposers and placed on the Port’s website for downloading. See the “How to Obtain Bid Documents” section via our web address.

Once the RFP is issued, and until a recommendation for award is made to the Board of Port Commissioners at a public Board of Port Commissioners meeting (or in cases where a recommendation for award does not require a public Board meeting, when Proposers are notified by Port staff of the recommendation for award), each Proposer and its representatives, agents, and affiliates, shall not contact members of the Evaluation Committee, Port staff or the Board of Port Commissioners to discuss or ask questions about the contents of this RFP or the selection process. All questions shall be submitted in writing as described in this RFP. Any inappropriate contact by a Proposer, its representatives, agents, and/or affiliates may result in the Proposers' proposal being disqualified.

RFP 26-27/05, Invitation, Page 3 of 3

Full Opportunity

The Port’s policy prohibits discrimination or preferential treatment because of race, color, religion, sex, national origin, ancestry, age (over 40), physical or mental disability, cancer-related medical condition, a known genetic pre-disposition to a disease or disorder, veteran status, marital status, or sexual orientation. It is the policy of the Port of Oakland to encourage and facilitate full and equitable opportunities for small local businesses to participate in its contracts for the provision of goods and services. It is further the Port’s policy that no discrimination shall be permitted in small local business participation in Port contracts or in the subcontracting of Port contracts. The successful Respondent shall comply with the Port’s non-discrimination policy.

Title VI Solicitation Notice

The Port of Oakland, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age, or disability in consideration for an award.

Rejection

The Port reserves the right to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted, and to award the contract according to the proposal which best serves the interests of the Port.

Nickulaus Sioson, Manager, Port Purchasing

RFP 26-27/05, Table of Contents

Table of Contents

I. Project Overview

II. Scope of Services

III. Port Policy and Other Requirements

IV. Submission Requirements

V. Evaluation Criteria

VI. Additional Provisions

Attachments:

Title

Must Be Returned with Proposal

1 RFP Acknowledgement and Signature Form Yes

2 Non-Collusion Declaration Yes

3 Statement of Equal Employment Opportunity Yes

4 Proposal Worksheet Yes

5 Port of Oakland Non-Discrimination and Small Local Business Utilization Policy

A. Chart for Submitting Data for Calculation of Preference Points

B. Local Participation Questionnaire

C. Monthly Utilization of Local and Small Business Enterprises

D. Final Utilization of Local and Small Business Enterprises

Yes

Attachment 5-A and 5-B are required with the

Proposal.

(Note: If you are submitting a new

Certification Application for preference points, then your completed application is due 7 business days prior to the proposal due date.)

Attachments 5-C and –D are required after contract award final completion of the project.

6 Non-Discrimination and Small Local Business Utilization Policy Program Affidavit

Yes

RFP 26-27/05, Table of Contents

Title

Must Be Returned with Proposal

7 City of Oakland City Charter §728 Living Wage Information

A. Employer Self-Evaluation for Port of Oakland Living Wage

B. Certificate of Compliance—Living Wage

No

(Attachment 7-A and 7-B are required prior to entering into contract with the Port of Oakland)

8 Statement of Living Wage Requirements Yes

9 Supplier Insurance Requirements No

10 Insurance Acknowledgement Statement Yes

11 Standard Professional Services Agreement

No

(Note: If awarded the contract, the successful

Respondent will execute a revised version of the

Port’s standard Professional Services

Agreement, which will be consistent with the provisions of this RFP.)

RFP 26-27/05, Page 1 of 11

I. Project Overview

The Port of Oakland (“Port”) is soliciting proposals from qualified consultants to provide asbestos and lead-based consulting services on an as-needed basis.

The Port’s Environmental Programs and Planning Division (EPP) manages environmental risks and responsibilities for the Port’s revenue divisions, among other responsibilities. The Port’s most common asbestos and lead-based paint projects include maintenance operations, renovation, demolition, and abatement oversight within the Port area. In order for EPP to provide timely project turn-around to its clients, and to supplement the Port’s expertise and existing resources in environmental compliance, the Port relies on consulting firms for on-call asbestos and lead-based paint services.

Respondents will be comprised of a Prime Consultant as the Proposer and supporting Subconsultants if needed (hereafter referred to as Proposer, or Consultant). It is the intent of the Port to enter into up to three (3) contracts for a term of up to three (3) years with the option to issue two (2) one-year extensions not to exceed a total period of five (5) years. The number of contracts, the contract value, and the duration of contracts are subject to change until approved by the Board of Port Commissioners (Board). The contracts will be managed by EPP staff.

About the Port of Oakland The Port of Oakland generates vital economic activity, community benefits, and environmental innovation as it decarbonizes its operations for a cleaner and greener future. Along with its partners, the Port supports more than 98,000 regional jobs and $174 billion in annual economic activity. The Port oversees the Oakland San Francisco Bay Airport, the Oakland Seaport, nearly 20 miles of waterfront, including Jack London Square and a publicly owned electric utility. The Port of Oakland is Everyone’s Port! Connect with the Port of Oakland and Oakland San Francisco Bay Airport through Facebook, or with the Port on LinkedIn, YouTube, and at www.portofoakland.com.

II. Scope of Services

A. General Services

EPP staff will provide project oversight and guidance for this contract. The selected Proposer(s) shall provide services for each assignment as identified in a scope of services submitted by the Proposer and authorized by the Port. The Proposer shall not perform services or incur billable expenses except as pre-authorized by the Port. Work is authorized through Technical Service Orders, which bind the work to the terms of the contract.

B. General Scope of Services and Qualifications

Port of Oakland consultants conduct asbestos, lead-based paint, and hazardous material surveys and abatement oversight during demolition or renovation of buildings or other structures. Consultants will be expected to provide the Port with personnel who hold the following qualifications:

1. Cal/OSHA-Certified Asbestos Consultants and Site Surveillance Technicians;

2. Registration with Cal/OSHA as an Asbestos Abatement Consultant;

3. Manufacturer’s Training Course Certification for XRF-Spectrum Analyzer;

4. DHS-Lead certified Inspector/Assessors, Project Monitors, and Project Designers;

RFP 26-27/05, Page 2 of 11

Consultants shall provide the following services:

1. Perform asbestos and lead-based paint surveys in buildings or other Port structures;

2. Submit samples for laboratory analysis (Consultant to contract directly with laboratory for analytical services);

3. Perform asbestos and lead-based paint abatement contractor oversight, including preparation of project reports;

4. Identify fluorescent lighting in buildings and the presence of PCB ballasts;

5. Identify other hazardous materials common to structures, such as refrigerants, oil-filled electrical equipment and hydraulics;

6. Consult regarding federal, state, and local regulations governing the management, abatement, disposal, and best management practices for asbestos-containing materials and lead-based paint; and

7. Provide health and safety-related services commonly associated with hazardous materials in structures, such as indoor air quality and mold assessments.

8. In general, this agreement will not include other hazardous materials assessment and compliance services not typically associated with structures, or hazardous waste disposal; the Port has entered into separate contracts for these services.

C. Projected Timeline and Length of Contract

The term of agreement will be for three (3) years from the effective date of the agreement, with the option of two (2), one-year extensions, not to exceed a total contract period of five (5) years.

The Port reserves the right to extend, modify or terminate this process at any stage if the Port determines such action to be in the Port’s best interest. The receipt of proposals or other documents will not obligate the Port to enter into any contract of any kind with any party. The Port further reserves the right, at its sole discretion, to reject any submittal or all submittals for no reason and for any reason, without specifying reasons therefore, and to amend, replace or terminate this process at any time and negotiate with one or more Proposers.

III. Port Policy and Other Requirements

The selected Respondent will be required to comply with the following Port Policy and Other Requirements:

1. Non-Discrimination and Small Local Business Utilization Policy (NDSLBUP):

The Port desires to maximize the participation of small local businesses and has instituted a Non-Discrimination and Small Local Business Utilization Policy (NDSLBUP).

The NDSLBUP consists of two parts:

• Non-Discrimination policy which all Suppliers (Respondents) must adhere to, by providing the enclosed “Non-Discrimination and Small Local Business Utilization Policy Program Affidavit” (Attachment 6) with their proposal.

• Preference points are awarded to small local businesses who qualify under the Port’s definition of a small local business. In order to qualify for preference points, Suppliers (Respondents) must be either certified by the proposal due date or may apply online at: http://srd.portofoakland.com/. The application and any supporting documentation must be submitted to the Port’s Social Responsibility Division seven (7) business days prior to the proposal due date.

To apply, please click on the above link and follow the “How to Apply” instructions.

A summary of the Port’s Non-Discrimination and Small Local Business Utilization Policy is included herein as Attachment 5. The entire policy is available at:

https://www.portofoakland.com/wp-content/uploads/2024/05/00810-FINAL- Jan2019.pdf

RFP 26-27/05, Page 3 of 11

Suppliers already certified with the Port do not need to submit proof of certification, but still need to check the Port’s certification database at: http://srd.portofoakland.com/ to ensure their certification has not expired and must fill out the Chart for Submitting Data for Calculation of Preference Points (Attachment 5-A), and the Local Participation Questionnaire (Attachment 5-B), and submit them with your proposal. All Suppliers (Respondents) must still provide proof of adhering to the Port’s Non-Discrimination policy by submitting the NDSLBUP Program Affidavit.

A copy of the Port-certified Small Local Business Enterprises can also be downloaded at: http://srd.portofoakland.com/.

For questions or assistance regarding NDSLBUP, contact Matt Davis, Chief Public Engagement Officer, (510) 627-1430, at the Port’s Social Responsibility Division.

2. Insurance Requirements:

All Respondents who plan on submitting a proposal in response to this RFP must meet the Port’s Insurance requirements listed in Attachment 9, and must provide proof of insurance at the time of project award. Respondents must include a statement (Attachment 10) with their proposal agreeing to the Port’s insurance requirements and indicate they will be able to obtain the proper insurances at the time of project award.

3. Security Sensitive Information:

By submitting a proposal, Respondent acknowledges that in the course of performing services under the Agreement, the selected Consultant/Contractor will come into possession of Sensitive Security Sensitive Information as described in Title 49 of the Code of Federal Regulations, Parts 15 and 1520 (“SSI”). SSI is subject to Port of Oakland regulation and Federal law. The selected Consultant/Contractor will be required to comply strictly with the Port of Oakland’s policies and practices for sensitive information.

4. Living Wage Policy:

On March 5, 2002, the voters in the City of Oakland passed Measure I, adding to the City Charter Section 728 ("§728") entitled "Living Wage and Labor Standards at Port-assisted Businesses." §728 requires Port Aviation and Maritime businesses that meet specified minimum threshold requirements to pay all nonexempt employees a Living Wage rate established by City Ordinance and adjusted annually based on the Consumer Price Index for the San Francisco, Oakland, and San Jose area. The current Living Wage rate as of July 1, 2026 is at least $18.26 with credit given to the employer for the provision to covered employees of health benefits, and $20.97 without credit for the provision of health benefits. Specifically, §728 applies to Port contractors and financial assistance recipients with the Aviation or Maritime divisions that have contracts worth more than $50,000 and that employ more than 20 employees who spend more than 25% of their time on Port-related work. §728 also provides covered employers with incentives to provide health benefits to employees, establishes a worker retention policy, requires covered employers to submit quarterly payroll reports and requires covered employers to allow Port representatives access to payroll records in order to monitor compliance and labor organization representatives access to workforces during non-work time and on non-work sites. Covered employers are responsible for complying with the provisions of §728 from the date the covered contract is entered into. When a contract is awarded, the Respondent will be required to fill out the attached Employer Self- Evaluation for Port of Oakland Living Wage Form (see Attachment 7-A) and Certificate of Compliance—Living Wage (see Attachment 7-B) and return them to the Social Responsibility Division. (i.e., do not include these forms in with your proposal). For more information, please call Matthew Davis in the Port of Oakland’s Social Responsibility Division at (510) 627-1430.

RFP 26-27/05, Page 4 of 11

Respondent shall acknowledge reviewing the Port’s Living Wage program and compliance, by submitting the Statement of Living Wage Requirement (Attachment

8) with their proposal.

5. Port’s Standard Professional Services Agreement:

Submission of a proposal will confirm that the Respondent fully understands and agrees with the provisions of the Port’s Standard Professional Services Agreement (Attachment 11) which will be revised only as necessary to be consistent with the provisions of this RFP or other revisions necessary to reflect changes in federal, state, and/or local laws, policies, rules, regulations, etc., and will execute such revised agreement if awarded the contract. Any objections to any provisions in the Port’s Standard Professional Services Agreement and/or this RFP must clearly be identified in your proposal. Changes are discouraged.

IV. Submission Requirements

The Port has scheduled a non-mandatory Pre-proposal meeting on the date indicated in the table labeled “Proposal Information” (on the first page of the invitation for this RFP), to review the scope of services and the submission requirements.

Please respond to the following 8 submission requirements in a straightforward, concise delineation of your capabilities proposed to satisfy the requirements of the RFP. The Port will use your responses to objectively determine your capabilities and experience. Please label your responses 1 through 8, in the order presented below. Please limit your total response to the number of pages indicated below (excludes the required attachment forms provided with this RFP).

Submittal Format:

Responses may not be longer than 16 pages (one sided or 8 pages double sided), printed on 8 ½” x 11” paper and formatted in no smaller than 10-point font. Each section shall be labeled according to the sections below. Once downloaded and printed by the Port, submittals must be able to fit into a 9 x 11.52-inch folder. Please include a cover page with your submission.

1. Required Forms and Adherence to Port Policy and Other Requirements: The Respondent must fill out all of the forms included in this RFP (listed under the “Attachments” section and marked with a “Yes” in the column titled “Must Be Returned with Proposal”), and return them with your proposal. By returning the listed forms, your company is supporting and agreeing to the Port Policy and Other Requirements (listed in Section III, “Port Policy and Other Requirements” of this RFP). Failure of the Respondent to provide any of the required forms may result in your proposal being rejected for non-responsiveness. These required forms will not count against the maximum page count (indicated above) for your response.

2. Debarment Statement: Provide a written statement that your company has not been debarred from providing services to any State or Federal Agency within the last five (5) years. Sign and date your statement. If your company has been debarred, you will need to provide background information and the reason(s) for the debarment. Provide the name and contact information for the agency that debarred your company. The Port must review the reason(s) and duration for the debarment before it can determine if your company can be considered for this project.

3. Company Information: Provide the name of your company (including the name of any parent company), business address, email address, Federal Tax ID number, telephone, and names and titles of key management personnel, and a brief history of your company.

Provide a brief statement of who is authorized to submit the proposal on the behalf of your company. Please make sure that person signs and dates the statement. If your company is making any exceptions to the Port’s Standard Professional Services

RFP 26-27/05, Page 5 of 11

Agreement (Attachment 11) and/or this RFP, they must be clearly set forth in your proposal and noted in this section. Exceptions are discouraged and may result in lower evaluation points during the Port’s evaluation of your proposal.

4. Litigation and Other Information: Provide information describing any litigation, arbitration, investigations, or any other similar actions that your company, its principals, directors, and/or employees have been involved in during the last five (5) years relating to your company's services. Please list (a) name and court case or other identification number of each matter, (b) jurisdiction in which it was filed, and (c) outcome of matter (e.g. whether the case is pending, a judgment was entered, a settlement was reached or the case was dismissed). The Port will review the reason and timing of the action before it can determine if your company can be considered for this project. Failure to provide the litigation information may disqualify your proposal.

5. Knowledge and Experience: Provide relevant information about your company’s knowledge and experience, including a list of three or more projects (in similar size and scope to that in this RFP), with brief descriptions that demonstrate your experience. Also, provide the names of key personnel who will be assigned to do the work under this project and provide their relevant experience. Make sure you demonstrate that your key personnel possess the qualifications listed in this RFP.

6. Client References: Provide names, addresses, and contact information for three (3) current clients. Provide the size and scope of each project and a brief description of the projects. Please make sure all contact information is current. By providing such information, you authorize the Port to contact such clients.

7. Plan and Approach: Provide an overview describing the general approach, scope of services, and methodology of your company’s ability to fulfill the general functions required in this RFP. Please use this section to describe the services you propose to provide to the Port. Your services can be above and beyond the requirements listed in the “Scope of Services” section.

8. Proposed Costs: Provide a schedule of fees or costs associated with the requirements of the Scope of Services, including hourly rates for staff and any associated fees for specific services (e.g., air testing, laboratory services, etc.) It is important that you provide your fee schedule so that the Port can evaluate your proposal. If pricing/billing rates will change during the contract term, please describe the method of calculating the change (i.e. CPI, etc.). See Attachment 4.

Consultant may submit proposed adjustment of hourly billing rates once annually to the Port for the Port’s review and approval. However, no rate increases shall be effective unless and until approved by the Port’s Executive Director or Port Division Director in writing. Additionally, the proposed adjustment will be subject to the following limitations.

In no event should any hourly billing rate adjustment take effect before the first 12 months of the Agreement, and may only be adjusted thereafter on or after January 1st of each following calendar year. Hourly billing rates shall only be adjusted to reflect the actual increase in labor costs (staff salary) and shall in no event exceed the lesser amount of either (1) the percentage increase set forth in the Consumer Price Index (“CPI”) for the preceding twelve (12) months, or (2) three and a half percent (3.5%).

In no event shall any hourly billing rate adjustment (increase) be retroactive. For purposes of this Agreement, “CPI” means the Consumer Price Index for All Urban Consumers for San Francisco-Oakland-San Jose, California, as calculated by the Bureau of Labor Statistics of the United States Department of Labor or other successor United States government agency responsible for calculating such statistics.

RFP 26-27/05, Page 6 of 11

V. Evaluation Criteria

Prior to contract award, the Port must be assured that the Respondent selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with skills required, equipment/materials, and financial resources sufficient to provide services called for under this contract. If during the evaluation process, the Port is unable to assure itself of the Respondent’s ability to perform under the contract, if awarded, the Port has the option of requesting from the Respondent any information that the Port deems necessary to determine the Respondent’s capabilities. If such information is required, the Respondent will be notified and will be permitted five (5) working days to submit the requested information.

In awarding the contract, the Port will evaluate a number of factors in combination. Please make sure you have submitted responses to all items listed in the Submission Requirements section, as your responses will be evaluated based on the weights listed below.

RFP 26-27/05, Page 7 of 11

A. Evaluation Weights

Item Criteria Weights

A

Required Forms and Adherence to Port Policy and Other Requirements, and Debarment Statement Proposals from companies who have not or will not adhere to the Port Policy and Other Requirements or who have been debarred and have not provided sufficient reasons/justification for the Port to review the circumstances surrounding the debarment will not be forwarded to the evaluation committee for review.

Submission Requirement Items 1 and 2.

Pass/Fail

B

Company Information, Litigation and Other Information Respondent’s company information and litigation and other information. (Items 3 and 4 of the Submission Requirements section.)

10%

C

Knowledge and Experience, Client References Respondent’s knowledge and experience in providing Asbestos and Lead Paint Consulting Services and client references as evidenced from your response to items 5 and 6 of the Submission Requirements section.

35%

D

Plan and Approach As evidenced from your response to item 7 of the Submission Requirements section.

25%

E

Proposed Costs As evidenced from your response to item 8 of the Submission Requirements section, and as provided on the Proposal Worksheet. (Attachment 4)

15%

F

Non-Discrimination and Small Local Business Utilization Policy (NDSLBUP) Does your company meet the Port’s definition of Small Local Business and/or make a commitment to the Port’s values and programs {e.g., mentoring small and/or very small local businesses and providing meaningful work for small and/or very small local sub-consultants; utilization of college and high school interns from the Local Impact Area (LIA); participation in job fairs and trade fairs targeted to LIA residents and businesses;

and other work showing the consultant’s efforts to contribute to the economic development of the LIA}? The Port will evaluate companies that have provided substantiating documentation to prove they meet the Port’s NDSLBUP program and award points accordingly to qualifying companies. (Attachment 5)

15%

Total 100%

B. Selection Procedure:

All proposals received by the deadline which meet the RFP’s requirements will be presented to the evaluation committee comprised of Port of Oakland staff and possibly external members. The evaluation committee will evaluate the proposals and score all submissions according to the evaluation criteria above. The selection process may include interviews (at the discretion of the evaluation committee) for the top-scoring submissions. If interviews are to take place, the Port will notify the top scoring Respondents. Interview details and scoring requirements will be provided to selected Respondents prior to the interviews.

RFP 26-27/05, Page 8 of 11

VI. Additional Provisions

The terms “Company”, “Consultant”, “Contractor”, “Proposer”, “Respondent”, “Seller”, “Supplier”, and “Vendor” whenever appearing in this RFP or any attachments, are used interchangeably to refer to the company or firm submitting a proposal in response to this RFP.

A. Port’s Legal Name and Jurisdiction

The Port of Oakland (the “Port”) is legally known as the City of Oakland, a municipal corporation, acting by and through its Board of Port Commissioners. The Port is an independent department of the City of Oakland. The Port has exclusive control and management of all Port facilities and properties. Port facilities and properties consist of marine terminals, a railway intermodal terminal and container storage areas (collectively, the “Seaport”); the Oakland San Francisco Bay Airport (the “Airport”); electrical distribution grid infrastructure and energy procurement business (the “Port Utility”); commercial and industrial land and properties (collectively, “Commercial Real Estate”); and other recreational land, other land, undeveloped land, and water areas, all located in Oakland, CA. The Port issues Purchase Orders under the name “Port of Oakland”.

B. Ownership of Proposal All rights to information developed, disclosed, or provided in a Proposal and its attendant submissions are the property of Port, unless a Respondent makes specific reference to data that is considered proprietary. To the extent that a Respondent does not make specific reference to data that is considered “confidential” and proprietary, submission of an RFP constitutes the Respondent’s express (a) grant and assignment of a perpetual, transferable (in whole or in part), non-exclusive, royalty-free license to the Port for copyright, patent, or other intellectual property right (collectively referred to as “intellectual property”), and (b) agreement that the Port may use any such intellectual property without charge for any lawful purpose in connection with other Port development projects, including without limitation the creation of derivative works and issuance of sublicenses.

C. Deadline for Receipt of Proposal Proposals must be delivered to the “Electronic Delivery Address” via Liquid Files listed in the Request for Proposal (RFP) no later than the date and time specified in the RFP.

When you upload your Proposal to Liquid Files, you will receive a copy of the email that Liquid Files generates to the Purchasing Contact with your proposal. There may be a slight delay in when Liquid Files emails your Proposal to the Port, so please ensure you have uploaded your Proposal with sufficient time to allow Liquid Files to generate an email to the Port. The Port will use the date and time stamp on the email document that is generated from Liquid Files as proof of timely delivery. (Please note: The Port may not actually download your proposal until after the date and time for delivery has passed.) Proposals received after the date and time specified in the RFP will not be downloaded by the Port.

D. Public Records Act Under the California Public Records Act (Gov. Code § 7920.000 et seq.), the Port may be obligated to make available to the public the submitted proposal and all correspondence and written questions submitted during the Request for Proposal process.

If Respondent believes portions of its proposal contain trade secrets or proprietary financial information that should be exempt from disclosure under the Public Records Act, Respondent shall submit a separate copy of its entire proposal with the protected material redacted with black boxes, with each redaction specifically marked as ”CONFIDENTIAL”. Such separate copy shall not constitute the proposal, but shall be used, if needed and appropriate, in response to an applicable Public Records Act request. If Respondent does not submit such a separate redacted

RFP 26-27/05, Page 9 of 11 proposal, Respondent shall be deemed as not claiming that any portion of its proposal contains trade secrets or proprietary financial information.

The Port reserves the right to independently determine whether any document is subject to disclosure and to make such information available to the extent required by applicable law, without any restriction or notice to Respondent.

E. Indemnification If Respondent is selected to receive a contract, it will be required to agree to the indemnification clause contained in the Port’s Standard Professional Services Agreement. See Section 5 of the Port’ Standard Professional Services Agreement (Attachment 11).

F. Reimbursable Expenses All expenses incidental to performing Consultant’s Basic Services including, but not limited to, overtime, reproduction of documents and other materials associated with Respondent’s deliverables and presentation materials; reproduction of construction contractor’s submittals; reproduction of Design Completion Consultants’ submittals;

transportation and subsistence; telephone, computer, facsimile, or other similar costs;

and the like, shall be included within the Contract Price.

G. Port’s Right to Modify Respondents are advised that the Port has not incurred any obligations or duties in soliciting this Request for Proposals. The Port, at its sole discretion, reserves the right to reject any or all proposals submitted in response to this RFP; to request additional information or clarification of information submitted; to cancel or modify, in part or in its entirety, this RFP; to request new RFPs or pursue any other means for obtaining the desired services; to waive any informalities or minor irregularities in the RFP, and other inconsequential deviations from the RFP’s requirements. The Board of Port Commissioners retains the right to award this project in part or in total to the Respondent(s) of its choice, and to decide to undertake the project or to terminate the project at any time prior to approval of a formal contract. The parties right(s) as to termination following approval of a formal contract are as set forth in Attachment 11.

H. Conflicts of Interest By submitting a proposal, the Respondent represents that it is familiar with Section 1090 and Section 87100 et seq. of the California Government Code, and that it does not know of any facts that constitute a violation of said sections in connection with its proposal. Respondent also represents that its proposal has completely disclosed to the Port all facts bearing upon any possible interests, direct or indirect, which Respondent believes any member of the Port, or other officer, agent or employee of the Port or any department presently has, or will have, in any agreement arising from this RFP, or in the performance thereof, or in any portion of the profits there under. Willful failure to make such disclosure, if any, shall constitute ground for rejection of the proposals or termination of any agreement by the Port for cause. Respondent agrees that if it enters into a contract with the Port, it will comply with all applicable conflict of interest codes adopted by the City of Oakland and Port of Oakland and their reporting requirements.

I. Cost of Preparing a Response All costs for developing a response to this RFP and attending any proposal meetings or selection meetings are entirely the responsibility of the Respondent and shall not be chargeable to the Port.

J. Compliance with Law The Respondent must comply with all laws, ordinances, regulations and codes of the Federal, State, and Local Governments, which may in any way affect the preparation of proposals or the performance of the contract.

RFP 26-27/05, Page 10 of 11

K. Respondent’s Relationship The Respondent’s (and Respondent’s employees’ and contractors’) relationship to the Port shall be that of independent contractor and not deemed to be an employee or agent of the Port.

L. Proposal Considerations and Legal Proceeding Waiver The Port has absolute discretion with regard to acceptance and rejection of proposals.

In order to be considered, the party submitting a proposal waives the right to bring legal proceedings challenging the Board of Port Commissioners choice of the award.

M. False Statements False statements in a proposal will disqualify the proposal.

N. Taxes The Respondent will be responsible for all Federal, State, and Local taxes.

O. Grade of Service The Respondent must provide professional service and maintain appropriate personnel to provide expedient and courteous service.

P. The Respondent’s Liability The Respondent shall be responsible for any and all damages to the Port’s premises resulting from the negligent acts or willful misconduct of the Respondent’s agents or employees.

Q. Amendments The Port may, at its sole discretion, issue amendments to this RFP at any time before the time set for receipt of proposals. The Respondents are required to acknowledge receipt of any amendments (addenda) issued to this RFP by acknowledging the Addendum in the space provided on the RFP Acknowledgement and Signature Form.

The Port shall not be bound by any representations, whether oral or written, made at a pre-proposal, pre-contract, or site meeting, unless such representations are incorporated in writing as an amendment to the RFP or as part of the final contract. All questions or requests for clarification concerning material terms of the contract should be submitted in writing for consideration as an amendment.

R. Withdrawal or Modification of Offers The Respondent may modify or withdraw an offer in writing at any time before the deadline for submission of an offer.

S. Acceptance Any offer received shall be considered an offer which may be accepted or rejected, in whole or in part, by the Port based on initial submission with or without discussions or negotiations.

T. Representations No representations or guarantees of any kind, either made orally, or expressed or implied, are made with regard to the matters contained in this document, including any attachments, letters of transmittal, or any other related documents. The Respondent must rely solely on its own independent assessment as the basis for the submission of any offer made.

U. Award Consideration and Length of Contract The Port shall not be bound to accept the lowest-quote fee and will award the agreement resulting from this RFP (if any) to the company/firm selected through the competitive process (and any subsequent interviews) outlined in this RFP.

RFP 26-27/05, Page 11 of 11

The Port will award a three (3) year contract (if any) and will have the sole option to issue two (2) one-year extensions not to exceed a total period of five (5) years (at the costs quoted in this proposal).

V. Contract Termination The Port may terminate the agreement with the successful Respondent(s) in accordance with the terms and conditions set forth in Attachment 11 (Professional Services Agreement), including on thirty days’ notice for the failure of the respective Respondent to comply with any term(s) of the agreement between the Port and the Respondent.

W. Protest Procedures Any party that has timely submitted a responsive proposal that contends or claims that the Port’s proposed award of the subject contract fails to comply with the Port’s rules and regulations or with law must file a protest in accordance with the provisions set forth below:

1. Any protest must be submitted in writing to Daria Edgerly, Secretary of the Board, and received by the Port no later than 5:00 p.m. (Pacific Time) by the third (3rd) business day following publication of the identity of the apparent successful proposer(s) (or of Notice of Intent to Award, if such notice is issued).

2. The protest must include the name, address, and telephone number of the person representing the protesting party.

3. The initial protest document must contain a complete statement of the basis for the protest, including in detail, all grounds for protest including referencing the specific portion of the solicitation document that forms the basis for the protest, and including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the protest. Any matters not set forth in the written protest shall be deemed waived. All factual contentions must be supported by competent, admissible, and credible evidence.

Any protest not conforming to the foregoing shall be rejected by the Port without recourse.

RFP 26-27/05, Attachment 1

RFP Acknowledgement and Signature Form

The undersigned having carefully examined the location of the proposed work, the local conditions of the place where the work is to be done, the Invitation, the General Conditions, the Specifications and all of the documents for this project, proposes to enter into a contract with the Port of Oakland to perform the work listed in this RFP, including all of its component parts, and to furnish any and all required labor, materials, equipment, insurance, bonding, taxes, transportation and services required for this project in strict conformity with the plans and specifications prepared, including any Addenda, within the time specified.

Addendum Acknowledgement:

The following addendum (addenda) is (are) acknowledged in this RFP: ______________________

Acknowledgement and Signature:

1. No Proposal is valid unless signed in ink (or valid electronic signature) by the person authorized to make the proposal.

2. I have carefully read, understand and agree to the terms and conditions on all pages of this RFP. The undersigned agrees to furnish the services stipulated in this RFP.

3. Respondent agrees to the form of Professional Services Agreement (Attachment 11) and agrees not to propose any contractual terms that conflict with such form, unless it specifies any exceptions in its Proposal.

4. Respondent is registered to do business in the State of California, or if not, will obtain such registration prior to entering into an agreement with the Port for this RFP.

5. I understand my Proposal and all related documents may be released in their entirety in response to a request under the California Public Records Act, subject to any separate copy I submit in accordance with Section VI.D of this RFP.

6. I represent that I am familiar with Section 1090 and Section 87100 et seq. of the California Government Code, and that I do not know of any facts that constitute a violation of said Sections in connection with the proposal.

Respondent’s Name:

Title:

Company Name:

Address:

Telephone: Fax:

Email: Mobile:

Contract License # (If applicable)

Expiration Date:

Federal Tax Identification Number:

Authorized Signature:

Date:

RFP 26-27/05, Attachment 2

Non-Collusion Declaration

(To Be Executed by Proposer and Submitted with Proposal)

I, ______________________________________________________, declare as follows:

That I am the _________________of ________________________________, the party making the attached proposal; that the attached proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation;

that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or to fix any overhead, profit, or cost element of the proposal price, or that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Any person executing this declaration on behalf of a proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed this ____________ day of __________________________, 202__, at

Signature

Authority: Public Contract Code 7106

CCP 2015.5

RFP 26-27/05, Attachment 3

Statement of Equal Employment Opportunity

I hereby certify that I _________________________________________________(Legal Name of

Respondent/Supplier/Consultant/Contractor), will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age

(over 40), physical or mental disability, cancer-related medical condition, a known genetic pre-disposition to a disease or disorder, veteran status, marital status, or sexual orientation.

I declare under penalty of perjury under the laws of the State of California that the information

I have provided herein is true and correct and is of my own personal knowledge.

Print Name

Title

Date

RFP 26-27/05, Attachment 4, page 1 of 2

Proposal Worksheet

RFP No.: 26-27/05, As-Needed Asbestos and Lead Paint Consulting Services

Provide the following information for each job classification for all employees of the Prime Consultant and Subconsultants who may be used on the Port of Oakland contract work.

(You may attach additional pages if necessary). Please use the following format below.

“Job Title” should include the job titles of all employees who may be expected to work on the types of services described in this Request for Proposals.

“Job Function” should describe the role and responsibilities of employees in each Job Title classification.

A. Prime Consultant

Name Classification/Job

Title Job Function

Total Billable Hourly Rate

Type of Service Additional Fee

Respondent Name: ____________________________ Title: ________________________________

Company Name: _____________________________________________________________________

Authorized Signature: _____________________________________ Date: __________________

RFP 26-27/05, Attachment 4, page 2 of 2

Proposal Worksheet

RFP No.: 26-27/5, As-Needed Asbestos and Lead Paint Consulting Services

B. Sub-Consultant (one table for each company)

Name Classification/Job Title Job Function Total Billable Hourly Rate

Respondent Name: ___________________________ Title: ________________________________

Company Name: _____________________________________________________________________

Authorized Signature: _____________________________________ Date: __________________

RFP 26-27/05, Attachment 5, Page 1 of 2

Non-Discrimination and Small Local Business Utilization Policy

Non-Discrimination: Port of Oakland (Port) policy prohibits discrimination or preferential treatment because of race, color, religion, sex, national origin, ancestry, age (over 40), physical or mental disability, cancer-related medical condition, a known genetic pre-disposition to a disease or disorder, veteran status, marital status, or sexual orientation.

Local Business Utilization: On October 7, 1997, the Board of Port Commissioners initiated a formal policy to encourage full participation of firms from its Local Business Area (“LBA”), the counties of Alameda and Contra Costa, particularly those in its Local Impact Area (“LIA”), in its work. The LIA includes the cities of Oakland, Alameda, Emeryville and San Leandro. The LBA includes all cities within the counties of Alameda and Contra Costa. The Port will also take into consideration efforts the prime and sub-consultants make to assist in the community, e.g., assigning meaningful work to small and/or very small local sub-consultants, mentor protégé relationships, participation in job/trade fairs, hiring interns, pro bono work, and working with local schools, etc.

Consultant Preference Points: The Port allots…