RFP for Actuarial Services for WC and GL Programs.pdf

REQUEST FOR PROPOSAL (RFP) – RFP for Actuarial Services for Workers' Compensation and

General Liability Programs

REV 05-2026

Finance Department | Contracts Administration

OFFICE OF THE CITY ADMINISTRATOR

Elizabeth Lake, Interim City Administrator

REQUEST FOR PROPOSAL (RFP)

For

Actuarial Services for Workers' Compensation and General Liability

Programs

Due Date: FRIDAY, OCTOBER 16, 2026 - 5:00 p.m., Pacific Time (PT))

Table of Contents

I. INTRODUCTION 1

II. SCOPE OF SERVICES 2

III. THE PROPOSAL 4

A. GENERAL INFORMATION 4

B. SUBMITTAL REQUIREMENTS 15

C. REQUIRED PROPOSAL ELEMENTS AND FORMAT 16

D. REJECTION OF PROPOSAL ELEMENTS 18

E. EVALUATION OF PROPOSALS – SUBJECT TO CHANGE 19

F. INTERVIEWS OF SHORT-LISTED FIRMS 19

G. CONTRACT NEGOTIATIONS AND AWARD 20

IV. ATTACHMENTS 22

A. SAMPLE PROFESSIONAL SERVICE AGREEMENT 22

B. STAND ALONE SCHEDULES 46

C. CITY SCHEDULES AND POLICIES 61

The Combined Contract Schedules will be collected from the successful Proposer before a final decision is made and up to full contract execution. It may be viewed at: https://www.oaklandca.gov/files/assets/city/v/1/public-works/documents/ccd/combined-contract-schedules-rev-0623.pdf or you may request a copy by email from isupplier@oaklandca.gov.

I. INTRODUCTION

The City of Oakland Human Resource Management Department, Risk Management Division is seeking a qualified actuarial consulting firm to evaluate and provide recommendations regarding the City's self-insured Workers' Compensation and General Liability programs. The selected firm shall perform actuarial analyses, estimate liabilities, project future losses and funding needs. Additionally, the selected firm is expected to provide recommendations to support financial reporting, long-range budgeting, and risk management decision-making over a five (5) year contract term.

The Contractor shall be required to comply with all applicable City programs and policies outlined in Attachment C. Details are presented in the project documents and will be discussed at the pre-proposal meeting. Discussions will include, but may not be limited to: Equal Benefits for Registered Domestic Partners Campaign Contribution Post-project Contractor Evaluation Prompt Payment Arizona Boycott 0% L/SLBE Dispute Disclosure Living Wage Minimum Wage Border Wall Prohibition Sanctuary City Contracting and Investment Ordinance

Deadline for Questions: Friday, October 9, 2026, by 5:00 p.m., PT via email to the Contract & Procurement Specialist, ContractAdmin@oaklandca.gov, Proposal Submittal Deadline Date and Time: Friday, October 16, 2026 no later than 2:00 p.m., PT.

Submit Proposals electronically to iSupplier: Please log on to iSupplier to submit your proposal before identified deadline. Questions regarding online submittal through iSupplier must be directed to isupplier@oaklandca.gov with “Actuarial Services for Workers' Compensation and General Liability Programs” in subject line. [iSupplier User Guides | City of Oakland, CA].

Proposals Must Be Received in iSupplier portal by Finance, Contract Administration no later than the deadline identified. iSupplier will not allow late submittals and therefore please allow time to log in, create a response, and upload your Proposal. Email submittals will not be accepted.

Contractors who wish to participate in the RFP/RFQ process are required to register in iSupplier to receive addenda, updates, announcements, and notifications of contracting opportunities. We recommend updating your firm’s primary email address regularly and periodically confirming that the “Products and Services” section fully represents the scope of products and services provided. If you have any questions, please email isupplier@oaklandca.gov.

For further information and detailed iSupplier registration instructions, please visit the following link https://www.oaklandca.gov/Business/Doing-Business-with-the- City/Doing-Business-With-The-City-Register-with-iSupplier

Free copies of the RFP/RFQ documents and Addenda are available in iSupplier. Hard copies will NOT be available for purchase from the City.

1. iSupplier Registration/Login:

https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing- Business-With-The-City-Register-with-iSupplier New registrants can email isupplier@oaklandca.gov for registration instructions. Allow 3 working days for approval to access bid documents through iSupplier

2. iSupplier user guides: https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier/iSupplier-User- Guides

Contact Information: The following City staff are available to answer questions regarding this RFP.

1. Contract Admin: contractadmin@oaklandca.gov

INTRODUCTION TO SCOPE OF SERVICES

The City of Oakland Human Resource Management Department, Risk Management Division, is seeking a qualified actuarial consulting firm to provide the City of Oakland with information for financial statements and develop future funding guidelines for the City for long-range budgeting as it relates to its self-insured Workers’ Compensation and General Liability Programs.

Analyses preparation shall be in accordance with generally accepted actuarial principles and applicable Governmental Accounting Standards Board (GASB) requirements, including GASB Statements No. 10 and No. 30, or any successor standards. The services shall include, but are not limited to, the following scope of services.

II. SCOPE OF SERVICES

Estimate Outstanding Losses

Estimate outstanding losses (including allocated loss adjustment expenses (ALAE) and unallocated loss adjustment expenses (ULAE) as of June 30 of each contract year and provide supporting methodology and assumptions used in developing the estimates.

The amounts will be calculated in accordance with commonly accepted actuarial estimation techniques and with GASB Statements No. 10 and 30. The amounts should be shown at full-value (undiscounted) and discounted for future investment income.

Amounts shall include a provision for the adverse development on known claims and for claims incurred but not reported (IBNR).

Estimate Outstanding Unallocated Loss Adjustment Expenses

Estimate outstanding ULAE as of June 30th of each contract year (and ensuing year-ends), as applicable.

Project Future Losses and Rates

Project future losses (including ALAE) and rates per $100 of payroll for upcoming fiscal year and four subsequent years. Include a projection of short-term versus long-term liabilities. The projections shall be repeated for each ensuing term, with the length of the projection adjusted accordingly.

Project Losses Paid

Project losses paid during upcoming and four subsequent years. The projections shall be repeated for each ensuing term, with the length of the projection adjusted each year accordingly.

Affirm GASB Statement Numbers 10 and 30

Provide a statement that affirms the conclusions in the actuarial study are consistent with GASB Statement Nos. 10 and 30.

Size of Loss Distribution Analysis

The firm selected shall perform an analysis of loss distributions across various loss layers and retention levels.

Analysis by Department and by Cause of Loss

Provide analysis of frequency (number of claims per exposure), severity (average cost per claim) and loss rate (cost per exposure) by City department. Review frequency and severity by cause of loss.

Recommend Funding

Provide recommendations for funding by City department for next two fiscal years following subject year-end. The recommended fund should be based on expected loss payment in years projected. The funding should be allocated by City department based on each department's exposure to loss and actual loss experience. The funding recommendations shall be repeated for each ensuing term, with the length of the recommendations adjusted each year accordingly.

III. THE PROPOSAL

A. GENERAL INFORMATION

1. The successful proposer selected for this service shall obtain or provide proof of having a current City of Oakland Business tax Certificate.

2. The City Council reserves the right to reject any and all bids.

3. Local and Small Local Business Enterprise Program (L/SLBE)

In general, there is a 50% local business participation requirement on all construction contracts at or over $100,000; all professional services contracts at or over $50,000; and all purchases of commodities, goods and associated services at or over $50,000. This participation must be met with a minimum participation of 25% for Local Business Enterprises (LBE)/Local Not for Profit Business Enterprise (L/NFPBE) and 25% for Small Local Business Enterprises (SLBE)/Small Local Not for Profit Business Enterprise (S/LNFPBE). SLBE and SLNFPBE may meet the full 50% requirement. Where Very Small Local Business Enterprises (VSLBE) participation is evident, the level of participation will be double-counted towards meeting the requirement. The participation requirements may be adjusted if there are not at least three L/SLBEs in a major category of work.

The participation requirement for this scope of work has been adjusted to 0%.

The City’s current L/SLBE Program guidelines may be accessed at the City of Oakland website: https://www.oaklandca.gov/departments/workplace-employment-standards

4. The City’s Living Wage Ordinance

The selected proposer will be required to agree to comply fully with and be bound by the Living Wage Ordinance as set forth by the Oakland Municipal Code (OMC), Chapter 2.28. Generally, the ordinance requires that, unless specific exemptions apply or a waiver is granted, all employers contracted to provide services amounting to or exceeding $25,000, shall provide nothing less than a prescribed minimum level of compensation (a living wage), as well as the provision of at least twelve

(12) days off per year for sick leave.

If applicable, the selected proposer must agree to comply with the requirements and agree that it has a duty to promptly provide the City with any documents and information requested verifying its compliance, including the completion and submission of a Declaration of Compliance with the Living Wage Ordinance (Schedule N).

Oakland employers are also subject to the City of Oakland Minimum Wage law (Oakland Municipal Code section 5.92) and must pay employee wages and provide benefits consistent with the Minimum Wage law, Oakland Living Wage Ordinance, whichever are greater.

5. Minimum Wage Ordinance

Oakland employers are subject to Oakland’s Minimum Wage Law, whereby Oakland employees must be paid the current Minimum Wage rate. Employers must notify employees of the annually adjusted rates by each December 15th and prominently display notices at the job site.

The law requires paid sick leave for employees and payment of service charges collected for their services. This contract is also subject to Oakland’s Living Wage Ordinance (see Section 4, above), and must pay employees wages and provide benefits consistent with the Living Wage Ordinance, whichever are greater.

For further information, please go to the following website:

https://www.oaklandca.gov/topics/minimum-wage-paid-leave-service-charges

6. Equal Benefits Ordinance

The selected Proposer will be subject to the Equal Benefits Ordinance (OMC Chapter 2.32) and its implementing regulations if it receives $25,000 or more for public works or improvements to be performed or for goods or services to be purchased or grants to be provided at the expense of the city or to be paid out of moneys deposited in the treasury or out of trust moneys under the control of or collected by the city, unless specific exemptions apply or a waiver is granted. The Equal Benefits Ordinance prohibits the City from contracting with entities that discriminate in the provision of employee benefits between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees.

The Ordinance shall only apply to those portions of selected Proposer’s operations that occur (1) within the City of Oakland; (2) on real property outside the City of Oakland if the property is owned by the City or if the City has a right to occupy the property, and if the contract’s presence at that location is connected to a contract with the City; and (3) elsewhere in the

United States where work related to a City contract is being performed. The requirements shall not apply to subcontracts or subgrantees of the selected Proposer.

If applicable, the selected Bidder/Contractor must agree to comply with the requirements of OMC Chapter 2.32, and agree it has a duty to promptly provide the City with any documents and information requested verifying its compliance, including the completion and submission of Schedule N-1.

7. Prompt Payment Ordinance OMC Section 2.06.070

This Ordinance requires that the selected Bidder/Contractor and its subcontractors pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of submission of invoices, unless specific exemptions apply, or unless the contractor or its subcontractors notify the City’s Prompt Payment Liaison in writing within five (5) business days that there is a bona fide dispute between the contractor or its subcontractor and claimant. In this case the contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount.

Disputed payments are subject to investigation by the Liaison upon the filing of a complaint. The contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation. If the contractor or its subcontractor fails or refuses to deposit security, the Liaison will withhold an amount sufficient to cover the claim from the next contractor progress payment. Upon a determination that an undisputed invoice or payment is late, the Liaison will release security deposits or withholds directly to claimants for valid claims.

The contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. The contractor and its subcontractors shall be required to pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City's website, the contractor and its subcontractors are required to file notice with the City of the release of retention and payment of mobilization fees within five (5) business days of such payment or release; and, the contractor and its subcontractors are required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City, The affidavit shall provide the names and address of all subcontractors and the amount paid to each.

The contractor and its subcontractors shall include the same or similar provisions as those set forth above in any contract with a subcontractor that delivers goods and/or services in connection with a City of Oakland contract. Invoice and claim inquiries should be directed to DWES@Oaklandca.gov.

8. Non-Discrimination/Equal Employment Practices

Contractor shall not discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal, state or local laws. During the performance of this Agreement, Contractor agrees as follows:

a. Contractor and Contractor’s sub-contractors, if any, shall not discriminate against any employee or applicant for employment because of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

b. Contractor and Contractor’s Sub-contractors shall state in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability.

c. Contractor shall make its goods, services, and facilities accessible to people with disabilities and shall verify compliance with the Americans with Disabilities Act by executing Declaration of Compliance with the Americans with Disabilities Act, attached hereto and incorporated herein.

d. If applicable, Contractor will send to each labor union or representative of workers with whom Contractor has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers’ representative of Contractor’s commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. Contractor shall submit information concerning the ownership and workforce composition of Contractor’s firm as well as its sub-Contractors and suppliers, by completing the Ownership, Ethnicity and Gender Questionnaire.

f. The Project Contractor Team attached and incorporated herein and made a part of this Agreement, Exit Report and Affidavit, attached and incorporated herein and made a part of this Agreement.

g. All affirmative action efforts of Contractors are subject to tracking by the

City. This information or data shall be used for statistical purposes only.

All Contractors are required to provide data regarding the make-up of their sub-Contractors and agents who will perform City contracts, including the race and gender of each employee and/or Contractor and his or her job title or function and the methodology used by Contractor to hire and/or contract with the individual or entity in question.

h. The City will immediately report evidence or instances of apparent discrimination in City or Agency contracts to the appropriate State and Federal agencies, and will take action against Contractors who are found to be engaging in discriminatory acts or practices by an appropriate State or Federal agency or court of law, up to and including termination or debarment.

i. In the recruitment of sub-Contractors, the City of Oakland requires all

Contractors to undertake nondiscriminatory and equal outreach efforts, which include outreach to minorities and women-owned businesses as well as other segments of Oakland’s business community. The City Administrator will track the City’s MBE/WBE utilization to ensure the absence of unlawful discrimination on the basis of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability.

j. In the use of such recruitment, hiring and retention of employees or sub-

Contractors, the City of Oakland requires all Contractors to undertake nondiscriminatory and equal outreach efforts which include outreach to minorities and women as well as other segments of Oakland’s business community.

9. Arizona and Arizona-Based Businesses

Contractor agrees that in accordance with Resolution No. 82727 C.M.S., neither it nor any of its subsidiaries, affiliates or agents that will provide services under this agreement is currently headquartered in the State of Arizona, and shall not establish an Arizona business headquarters for the duration of this agreement with the City of Oakland or until Arizona rescinds SB 1070.

Contractor acknowledges its duty to notify Department of Purchasing, if it’s Business Entity or any of its subsidiaries affiliates or agents subsequently relocates its headquarters to the State of Arizona. Such relocation shall be a basis for termination of this agreement.

10. Sanctuary City Contracting and Investment Ordinance

Ordinance N.O. 13540 CMS was adopted by the Oakland City Council on June 4th, 2019 and prohibits the City from contracting with any person or entity that provides the United States Immigration and Customs Enforcement (ICE) services or goods for data collection or with the United States Customs and Border Protection (CBP) Customs and Border Protection (CBP), or the Department of Health and Human Services Office of Refugee Resettlement (HHS/ORR) to support immigration detention facilities. These contractors are not to be used unless the City Council makes a specific determination that no reasonable alternative exists. The ordinance also prohibits the City from investing in any of these companies and requires the City to include notice of these prohibitions in any Requests for Proposals (RFPs), Requests for Qualifications (RFQs), and any construction or other contracting bids. The ordinance also requires that the City provide an annual report to the Privacy Advisory Commission on its enforcement.

11. Border Wall Ordinance

This contract is subject to the Border Wall Ordinance of Oakland Municipal Code (Ordinance 13459 C.M.S, passed November 28, 2017) and effective immediately upon adoption. The purpose of the ordinance is to mandate and direct the City Administrator- in instances where there is no significant additional cost, to be defined in regulations, or conflict with law- to refrain from entering into new or amended contracts to purchase professional, technical, scientific or financial services, goods, construction labor and materials or other services, or supplies from businesses that enter into contracts to provide such services, goods, materials or supplies to build the U.S.-Mexico border wall;

The City of Oakland shall be prohibited from entering into any contractual agreement for the purchase of services, goods, equipment, cyber network or cloud computing, internet, or cloud-based computer technology or services with any "BORDER WALL ENTITY" individual, firm, or financial institution who provides any services, goods, equipment or information technology or cloud- based technology or services, to the construction a wall along any part of the United States

- Mexico border.

All vendors seeking to do business with the City of Oakland must complete and sign “Schedule W” as a statement of compliance with Ordinance 13459 C.M.S,

12. Pending Dispute Disclosure Policy:

Contractors are required to disclose pending disputes with the City of Oakland when they are involved in submitting bids, proposals or applications for a City contract or transaction involving professional services. This includes contract amendments. Contractor agrees to disclose and has disclosed, any and all pending disputes to the City prior to the execution of this agreement. The City will provide a form for such disclosure upon Contractor’s request. Failure to disclose pending disputes prior to execution of this amendment shall be a basis for termination of this agreement.

13. City of Oakland Campaign Contribution Limits

This Agreement is subject to the City of Oakland Campaign Reform Act of Chapter 3.12 of the Oakland Municipal Code and its implementing regulations if it requires Council approval. The City of Oakland Campaign Reform Act prohibits Contractors that are doing business or seeking to do business with the City of Oakland from making campaign contributions to Oakland candidates between commencement of negotiations and either 180 days after completion of, or termination of, contract negotiations. If this Agreement requires Council approval, Contractor must sign and date an Acknowledgment of Campaign Contribution Limits Form.

14. Nuclear Free Zone Disclosure

Contractor represents, pursuant to the combined form Nuclear Free Zone Disclosure Form that Contractor is in compliance with the City of Oakland’s restrictions on doing business with service providers considered nuclear weapons makers. Prior to execution of this agreement, Contractor shall complete the combined form, attached hereto.

15. SCOPE, OWNERSHIP AND USE OF CITY DATA

a. Scope of City Data

City data [“Data”] shall consist of any and all data disclosed or provided by the City to Contractor, or collected, developed or generated by Contractor, whether pursuant or incidental to the purposes of the Agreement

b. Ownership

All Data, shall be the exclusive property of and all ownership rights therein shall vest in the City. To the extent necessary, Contractor hereby assigns to the City any and all rights which arise out of, are developed in connection with, or are the results of the services Contractor provides under the Agreement. This provision shall not apply to Data defined as Exceptions under Section 123 (c) [“Proprietary or Confidential Information”].

c. Use of City Data

Contractor avers and covenants to not use City Data for any purpose whatsoever other than to fulfill its obligations to City under the Agreement. Contractor shall fully indemnify City for any claims against City resulting from Contractor’s use of City Data in violation of this provision.

16. SECURITY OF CITY DATA

a. City Data is highly sensitive, confidential and is of paramount importance to the City because unauthorized disclosures of the Data could seriously harm City and possibly third parties. Contractor acknowledges that City, in entering into this Agreement with Contractor, is relying upon Contractor’s professional expertise, know-how, judgment, experience and its representations in its System Security Plan [Exhibit 2] that the integrity of the security, availability and processing of its System protects and preserves the confidentiality and privacy of the Data. Further, Contractor represents that, at all times, its System will maintain and ensure that the Data remains secure and does not through any of Contractor’s actions or lack of thereof become vulnerable to unauthorized access by third parties. Contractor further warrants that its System has been accredited under currently recognized industry recognized standards.

b. Notwithstanding as may be otherwise provided in this Agreement and with the exception of those instances for which City is responsible, Contractor avers and covenants to be solely responsible for restoring and correcting any corruption to City Data that occur by reason of Contractor’s actions or lack thereof, including ransomware attacks upon Contractor, and to fully indemnify City for any claims against City resulting from corruption of City Data and other injuries ensuing from, but not limited to, the herein forestated events.

17. INDEPENDENT CONTRACTOR

Rights and Responsibilities. City shall have no authority over or responsibility for employees and subcontractors of Contractor. It is expressly agreed that, in the performance of the services necessary to carry out this Agreement, Contractor shall be, and is, an independent contractor, and is not an employee of the City. Contractor has complete and sole discretion for the manner in which the Work and Services under this Agreement is performed. Contractor will determine the method, details and means of performing the Services described in the SOW.

Contractor acknowledges and agrees that (i) Contractor’s employees and subcontractors are under Contractor’s sole supervision, direction and full control. of Contractor; and, (ii) that Contractor controls the employment, direction, compensation and discharge of all persons assisting Contractor in the performance of Contractor’s services hereunder. Contractor shall be solely responsible for all matters relating to the payment of his/her employees, including compliance with social security, withholding and all other regulations governing such matters, and shall be solely responsible for Contractor's own acts and those of Contractor’s subordinates and employees.

Contractor is responsible for paying, when due, all income taxes, including estimated taxes, incurred as a result of the compensation paid by the City to Contractor for services under this Agreement. On request, Contractor will provide the City with proof of timely payment. Contractor agrees to indemnify the City for any claims, costs, losses, fees, penalties, interest or damages suffered by the City resulting from Contractor’s failure to comply with this provision.

Non-Exclusive Relationship Contractor may perform services for, and contract with, as many additional clients, persons or companies as Contractor, in his or her sole discretion, sees fit.

Cooperation of the City The City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor’s duties under this Agreement.

Extra Work Contractor will do no extra work under this Agreement without first receiving prior written authorization from the City.

18. Sample Professional Service Agreement

This Agreement is subject to the attached Sample Professional Service Agreement.

19. Insurance Requirements

The Contractor will be required to provide proof of all insurance required for the work prior to execution of the contract, including copies of the Contractor’s insurance policies if and when requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute grounds for rescission of the contract award.

The Contractor shall name the City of Oakland, its Council members, directors, officers, agents, employees and volunteers as additional insured in its Comprehensive Commercial General Liability and Automobile Liability policies. If Contractor submits the ACORD Insurance Certificate, the additional insured endorsement must be set forth on a CG20 10 11 85 form and/or CA 20 48 - Designated Insured Form (for business auto insurance).

Please Note: A statement of additional insured endorsement on the ACORD insurance certificate is insufficient and will be rejected as proof of the additional insured requirement.

Unless a written waiver is obtained from the City’s Risk Manager, Contractors must provide the insurance as found at https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules (Schedule Q). A copy of the requirements is attached and incorporated herein by reference. Liability insurance shall be provided in accordance with the requirements specified.

When providing the insurance, include the Project Name and Project Number on the ACORD form in the section marked Description of Operations/Locations.

When providing the insurance, the “Certificate Holder” should be listed as:

City of Oakland, Finance Department, 150 Frank H. Ogawa Plaza, Suite 6213, Oakland, CA 94612.

20. City Contractor Performance Evaluation

At the end of the project, the Project Manager will evaluate the Contractor’s Performance in accordance with the City Contractor Performance Evaluation program.

21. Violation Of Federal, State, City/Agency Laws, Programs Or Policies:

The City or Agency may, in their sole discretion, consider violations of any programs and policies described or referenced in this Request for Proposal, a material breach and may take enforcement action provided under the law, programs or policies, and/or terminate the contract, debar contractors from further contracts with City and Agency and/or take any other action or invoke any other remedy available under law or equity.

22. Contractor’s Qualifications

Contractor represents that Contractor has the qualifications and skills necessary to perform the services under this Agreement in a competent and professional manner without the advice or direction of the City.

Contractor’s services will be performed in accordance with the generally accepted principles and practices applicable to Contractor’s trade or profession. The Contractor warrants that the Contractor, and the Contractor’s employees and sub-contractors are properly licensed, registered, and/or certified as may be required under any applicable federal, state, and local laws, statutes, ordinances, rules, and regulations relating to Contractor’s performance of the Services. All Services provided pursuant to this Agreement shall comply with all applicable laws and regulations.

Contractor will promptly advise City of any change in the applicable laws, regulations, or other conditions that may affect City’s program. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all of the services required under this Agreement will constitute a material breach of the Agreement and may be cause for termination of the Agreement. Contractor has complete and sole discretion for the manner in which the work under this Agreement is performed. Prior to the execution of this agreement, Contractor shall complete the Independent Contractor Questionnaire, Part A, attached hereto.

23. All responses to the RFQ become the property of the City.

24. The RFQ does not commit the City to award a contract or to pay any cost incurred in the preparation of the proposal.

25. The City reserves the sole right to evaluate each proposal and to accept or reject any or all proposals received as a result of the RFQ process.

26. The City reserves the unqualified right to modify, suspend, or terminate at its sole discretion any and all aspects of the RFQ and/or RFQ process, to obtain further information from any and all Contractor teams and to waive any defects as to form or content of the RFQ or any responses by any contractor teams

27. The City may require a service provider to participate in negotiations and submit technical information or other revisions to the service provider’s qualifications as may result from negotiations.

28. All documents and information submitted to the City of Oakland in response to an RFP are public records pursuant to California Government Code, Sections 6254, et seq. and City of Oakland Sunshine Ordinance, Oakland Municipal Code Chapter 2.20. The City shall disclose such documents and information upon request by any member of the public, absent a mandatory duty to withhold or a discretionary exemption that the City may choose to exercise. The City shall not in any way be liable or responsible for any disclosures of documents or information made pursuant to a request under the Public Records Act or the City of Oakland Sunshine Ordinance.

29. The Fair Political Practices Act and/or California Government Code Section

1090, among other statutes and regulations may prohibit the City from contracting with a service provider if the service provider or an employee, officer or director of the service providers’ firm, or any immediate family of the preceding, or any sub-contractor or contractor of the service provider, is serving as a public official, elected official, employee, board or commission member of the City who will award or influence the awarding of the contract or otherwise participate in the making of the contract. The making of a contract includes actions that are preliminary or preparatory to the selection of a contractor such as, but not limited to, involvement in the reasoning, planning and/or drafting of solicitations for bids and RFQs, feasibility studies, master plans or preliminary discussions or negotiations.

B. SUBMITTAL REQUIREMENTS

Submit Proposals electronically to iSupplier: Please log on to iSupplier to submit your proposal before the 2:00 P.M. deadline. Questions regarding online submittal through iSupplier must be directed to isupplier@oaklandca.gov with the heading of “RFP Assistance” or refer to the iSupplier userguide at https://www.youtube.com/watch?v=DMLb2hFLd0Y

All proposals must include the project name, submittal date, and time the proposals are due on the documents.

C. REQUIRED PROPOSAL ELEMENTS AND FORMAT

1. Transmittal Letter

a. For the transmittal letter, only. Addressed to Elizabeth Lake, Acting City Administrator, Office of the City Administrator, City Hall, 1 Frank Ogawa Plaza, 3rd Floor, Oakland, California, 94612. (Please do not submit proposals to this address or forward proposals to this address.)

b. Signed by an officer of the consultant. In case of a joint venture or other joint-prime relationship, an officer of each venture partner shall sign.

2. Project Team

a. In response to this RFP, the prime contractor shall be a qualified consulting firm. For LBEs/SLBEs, submit a copy of the current business license and date established in Oakland.

b. Sub-Consultants (if used): list addresses, telephone numbers, and areas of expertise of each. Briefly describe the project responsibility of each team member. Identify which contractors are MBE, WBE, Local Business Enterprises (LBE), and Small Local Business Enterprise (SLBE). Additionally, for LBEs/SLBEs, submit a copy of the current business license and date established in Oakland.

3. Project Personnel

a. Prime(s): Provide a detailed resume of the proposed principal-in-charge, lead person and the project manager(s). The Project Manager(s) shall be a full-time employee of the prime(s). Clearly identify experience.

b. Sub- Consultants: Provide a detailed resume of the proposed project manager, who shall be a full-time employee of each sub-contractor for this project. Clearly identify relevant experience.

He/she shall be a professional currently licensed in the State of California.

4. Relevant Experience

a. Describe experiences performing similar functions in three local government operations to include a brief description of recommendations and outcomes.

b. If the team has worked together collaboratively, please include a description of this work.

c. Describe experiences and ability to work effectively with City staff, community groups, and other stakeholders.

5. Project Approach and Organization

a. Present your concept of the approach and organization required for this project. Indicate your understanding of the critical project elements.

b. Describe how you intend to interface with City staff and the community.

6. References

a. Prime Consultant(s): Three business related references, giving name, company, address, telephone number and business relationship.

b. Proposed Project Manager(s): Two business related references, giving name, company, address, telephone number and business relationship to project manager.

7. Billing Rates

a. Provide a complete list of all staff hourly rates by category, i.e., Principal, Project Manager, Project Professional, Technician, Clerical, etc. Hourly rates shall be all-inclusive, i.e., base salary, fringe benefits, overhead, profit, etc.

b. Shall be all-inclusive, i.e., base salary, fringe benefits, overhead, profit, etc.

8. Submittals are validated using the following RFQ Checklist.

a Schedules (Required with submission)

1. Schedule E - Project Consultant Team

2. Schedule I – Sanctuary City Contracting and

Investment Ordinance

3. Schedule O - Campaign Contribution Limits

4. Schedule W – Border Wall Prohibition

5. Schedule N – Living Wage – Declaration of Compliance

9. Other schedules must be submitted prior to full contract execution and are available at Professional Services Agreement Forms | City of Oakland, CA

10. Addenda - Proposal and Acknowledgment of all Addenda – if issued, please provide signed addenda and submit with proposal.

11. Proprietary Information: All responses to the RFQ become the property of the City. To withhold financial and proprietary information, please label each page as "confidential" or "proprietary".

12. Public Records Act or Sunshine Ordinance: Although a document may be labeled "confidential" or "proprietary", information is still subject to disclosure under the Public Records Act or Sunshine Ordinance, and is, at the City's discretion, based on the potential impact of the public’s interests whether to disclose "confidential" or "proprietary" information.

D. REJECTION OF PROPOSAL ELEMENTS

The City reserves the right to reject any or all proposals, whether minimum qualifications are met, and to modify, postpone, or cancel this RFQ without liability, obligation, or commitment to any party, firm, or organization. The City reserves the right to request and obtain additional information from any candidate submitting a proposal. A proposal may be rejected for any of the following reasons:

Proposal received after designated time and date.

Proposal not in compliance with the City of Oakland Local/Small Local Business Enterprise Program.

Proposal not containing the required elements, exhibits, nor organized in the required format.

Proposal considered not fully responsive to this RFQ.

E. EVALUATION OF PROPOSALS – SUBJECT TO CHANGE

The following sample of criteria and the points for each criterion, for a total of 100 points, may be used in evaluating and rating the proposals:

1) Relevant Experience …………………………………………..25 points

Past, recently completed, or on-going local government projects to substantiate experience.

Experience on at least three (3) projects providing services like those described in this RFQ.

Prior experience and ability to work with City staff, community groups, and other stakeholders.

2) Qualifications ……………………………………………….20 points

Professional background and qualifications of team members and firms comprising the team.

3) Organization ……………………………………………….20 points Current workload, available staff and resources.

Capacity and flexibility to meet schedules, including any unexpected work.

Ability to perform on short notice and under time constraints.

Cost control procedures in design and construction.

Ability to perform numerous projects at the same time.

4) Approach …………………………………………………….20 points

1. Understanding of the nature and extent of the services required.

2. A specific outline of how the work will be performed.

3. Awareness of potential problems and providing possible solutions.

4. Special resources the team offers that are relevant to the successful completion of the project.

5) Cost/Fee Proposal ………………………………………………10

6) Other Factors.................. …..…..…..…..…..…..…..…..…............5 Points Presentation, completeness, clarity, organization, and responsiveness of proposal.

Optional Preference Points may be awarded for L/SLBE Certified Business Participation.

F. INTERVIEWS OF SHORT-LISTED FIRMS – OPTIONAL

Interviews of short-listed qualified candidates may be held if a selection is not made from the evaluation phase.

1) It is anticipated that approximately three teams will be invited to interview.

The selected teams will be notified in writing and will be required to submit a detailed work scope, work schedule, and labor distribution spreadsheet (estimated hours by task by staff) the day before the interview. It is presently anticipated that the interviews will be conducted within five (5) working days of notification.

2) The interviews will last approximately 60 minutes, with the time allocated equally between the team’s presentation and a question-and-answer period.

The teams should be prepared to discuss at the interview their specific experience providing services like those described in the RFP, project approach, estimated work effort, available resources, and other pertinent areas that would distinguish them. Interviews will be held at a City of Oakland office (exact location to be determined).

3) Overall Rating Criteria: The following specific criteria and the points for each criterion, for a total of 100 points, will be used in evaluating and rating the short-listed firms:

a) Presentation:……………………………………..40 points (Scoring criteria is like that of the proposal criteria.)

Relevant Experience Qualifications.

Organization.

Approach.

Other Factors

b) Interview / Questions:…………………………………35 points

Overall Rating Criteria: The following specific criteria and the points for each criterion, for a total of 100 points, will be used in evaluating and rating the short-listed firms The City anticipates the tentative schedule of events to be as follows:

Only those contractors meeting the relevant experience and submit the SOQ will be invited for interviews.

4) The City anticipates the tentative schedule of events to be as follows:

Distribution of RFP/RFQ Friday, October 2, 2026 Submission of RFP/RFQ Friday, October 16, 2026 Evaluation of Rankings November 2026 Notification of Interviews November 2026 Interviews November 2026 Contract Negotiations Winter 2026/27 Contract Documentation Distribution Winter 2026/27 Contract Award Winter 2026/27

G. CONTRACT NEGOTIATIONS AND AWARD- SUBJECT TO CHANGE

1. The completion of this evaluation process will result in the contractor being numerically ranked. The contractor ranked first will be invited to participate in contract negotiations. Should the City and the first ranked contractor not be able to reach an agreement as to the contract terms within a reasonable timeframe, the City may terminate the negotiations and begin negotiations with the contractor that is next in line.

2. The contract amount (including reimbursements) shall be a not to exceed amount, to be established based upon a mutually agreeable Scope of Services and fee schedule.

3. The City will withhold the final 10% of contract amount pending successful completion of work.

4. Upon successful completion of the negotiations, the City Administrator will award the contract to the selected contractor.

5. A sample City standard professional services agreement is included in the

RFQ as referenced as Attachment A “Sample Agreement”. The selected contractor will be required to enter into a contract that contains similar terms and conditions as in the standard agreement. Please note that the City Attorney’s Office is typically not inclined to make any modifications to the standard agreement terms and provisions.

6. Upon award the City will issue a Notice to proceed.

7. The selected contractor and its other members will be required to maintain auditable records, documents, and papers for inspection by authorized local, state and federal representatives. Therefore, the contractor and its other members may be required to undergo an evaluation to demonstrate that the contractor uses recognized accounting and financial procedures.

END OF RFQ

ATTACHMENT A

PROFESSIONAL SERVICE AGREEMENT

BETWEEN THE CITY OF OAKLAND

AND

NAME OF CONTRACTOR

PARTIES AND EFFECTIVE DATE

This Professional Service Agreement (“Agreement”) is made and entered by and between the CITY OF OAKLAND, a municipal corporation (“City”), and [CONTRACTOR’s FULL LEGAL NAME] (“Contractor”) (collectively the “Parties”).

RECITALS

This Agreement is entered into upon the basis of the following facts, understandings and intentions of the City and Contractor:

A. The City wishes to [insert short description of services required].

B. This Agreement was competitively procured as required by Oakland Municipal Code Chapter 2.04. [or state the exception to competitive procurement and how waiver granted].

C. The City Council approved this Agreement by Resolution No. [] C.M.S. on [DATE].

D. The City Administrator has determined that this Agreement is for services that are professional, scientific or technical and temporary in nature, and that this Agreement will not result in the loss of employment or salary by any person having permanent status in the competitive service. The City Administrator has determined that this Agreement complies with all applicable bargaining agreements and that the City has met and conferred with any bargaining unit, as needed, to procure these professional services.

E. This Agreement is being funded in whole or in part by [State/Federal Funding] from the [Entity] (Funding ID, or exact name of the Award).

F. This Agreement includes a non-exclusive license to use [the facility/the land/a XX-square foot portion of the land] [owned/leased] by the City located at [ADDRESS] (“Premises”) for the operation of the program described in this Agreement and the Scope of Services. The City Council has authorized the use of the Premises for this purpose pursuant to [Resolution/Ordinance] No [XX] C.M.S. on [DATE].

G. Funds are available for this Agreement in [insert Department Name] Fund (insert fund number), [insert Project Number, if applicable].

NOW, THEREFORE, the Parties to this Agreement covenant as follows:

2. Effective Date

This Agreement shall become effective on the date it is last executed by all Parties.

3. Scope of Services

Contractor agrees to perform the services specified in Schedule A, Scope of Services (“Services”) attached to this Agreement and incorporated herein by reference.

Contractor shall designate an individual who shall be responsible for communications with the City for the duration of this Agreement. The Project Manager for the City shall be [Insert Project Manager Name].

4. Time of Performance

The time for performance under this Agreement (“Term”) shall begin on Month, Day, Year and shall end Month, Day, Year. Unless otherwise terminated as provided in this Agreement, this Agreement will terminate on Month, Day, Year.

5. Compensation and Method of Payment

Contractor shall be paid for the performance of Services set forth in Schedule A during the Agreement Term in accordance with Schedule B, Budget, attached hereto and incorporated herein. Payments shall be based on actual eligible costs incurred by Contractor in the performance of the Services under this Agreement but shall be capped so as not to exceed $[Insert Amount] (“Capped Amount”). The maximum amount paid for the performance of Services under this Agreement shall not exceed the Capped Amount, even if the Contractor’s actual costs exceed the Capped Amount. All invoices submitted for payment shall identify the completed deliverable(s) and the billable amount for each deliverable along with any supporting documentation (i.e. receipts). Payments shall be due upon completion and acceptance of the Services or as otherwise specified in Schedule A or Schedule B.

In the aggregate, progress payments will not exceed ninety percent (90%) of the total amount of the Agreement, with the balance to be paid upon satisfactory completion of the entire Agreement.