RFP for Bus Shelter Cleaning and Maintenance Services.pdf

OFFICE OF THE CITY ADMINISTRATOR

Elizabeth Lake, Acting City Administrator

REQUEST FOR PROPOSAL (RFP)

For

BUS SHELTER CLEANING AND

MAINTENANCE SERVICES

Due Date: FRIDAY, OCTOBER 16, 2026 – 2:00 p.m., Pacific Time (PT)

Voluntary Pre-Proposal Meeting: TUESDAY, OCTOBER 6, 2026 at 10:00 a.m., PT – via Teams:

https://teams.microsoft.com/meet/261446802655949?p=li10mCoSFwYIUbrSyH

REQUEST FOR PROPOSAL (RFP) – Bus Shelter Cleaning and Maintenance Services

REV 05-2026

Finance Department | Contract Administration

Table of Contents

I. INTRODUCTION 1

II. SCOPE OF SERVICES 2

III. THE PROPOSAL 2

A. GENERAL INFORMATION 8

B. SUBMITTAL REQUIREMENTS 20

C. REQUIRED PROPOSAL ELEMENTS AND FORMAT 20

D. REJECTION OF PROPOSAL ELEMENTS 22

E. EVALUATION OF PROPOSALS – SUBJECT TO CHANGE 23

F. INTERVIEWS OF SHORT-LISTED FIRMS 24

G. CONTRACT NEGOTIATIONS AND AWARD 25

IV. ATTACHMENTS 26

A. SAMPLE PROFESSIONAL SERVICE AGREEMENT 26

B. STAND ALONE SCHEDULES 49

C. CITY SCHEDULES AND POLICIES 65

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.

https://www.oaklandca.gov/files/assets/city/v/1/public-works/documents/ccd/combined-contract-schedules-rev-0623.pdf https://www.oaklandca.gov/files/assets/city/v/1/public-works/documents/ccd/combined-contract-schedules-rev-0623.pdf mailto:isupplier@oaklandca.gov

Finance Department | Contracts Administration

I. INTRODUCTION

Support the City of Oakland’s efforts to promote bus ridership through the provision of clean, safe bus shelters. In support of this effort, the City seeks to enter into an agreement with a vendor to provide cleaning and basic maintenance services for a growing inventory of bus shelters. Services will be provided on both a scheduled and as needed (“call out”) basis and range from power washing to removal and disposal of damaged shelters.

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 ♦ 50% L/SLBE ♦ Dispute Disclosure ♦Living Wage ♦Minimum Wage ♦ Border Wall Prohibition♦ Sanctuary City Contracting and Investment Ordinance

Pre-proposal Meeting Date and Time (Proposer Voluntary Attendance): Tuesday, October 6, 2026, at 10:00 a.m., PT via Teams at

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 RFP for Bus Shelter Cleaning and Maintenance Services 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 https://teams.microsoft.com/meet/261446802655949?p=li10mCoSFwYIUbrSyH mailto:ContractAdmin@oaklandca.gov mailto:isupplier@oaklandca.gov https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier/iSupplier-User-Guides 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

II. SCOPE OF SERVICES

Department Introduction and Statement The City of Oakland Department of Transportation (OakDOT) plans, designs, builds, operates, and maintains Oakland's transportation system to provide safe, equitable, sustainable, and reliable mobility for residents, businesses, and visitors. OakDOT manages public right-of-way assets including streets, sidewalks, bicycle facilities, parking infrastructure, and transit amenities that support Oakland's transportation network.

As part of this mission, OakDOT administers the City's Next Generation Bus Shelter Program, which provides safe, accessible, and well-maintained transit shelters for AC Transit riders throughout Oakland. The City is expanding its inventory of modern canopy-style bus shelters through both capital improvement projects and programmatic installations. To protect this public investment and provide a positive rider experience, the City seeks qualified contractors to perform comprehensive maintenance, cleaning, inspection, repair, and related services for the City's bus shelter inventory. These services are intended to ensure that bus shelters remain clean, functional, safe, accessible, and attractive while supporting transit ridership and maintaining compliance with applicable accessibility and environmental requirements.

mailto:isupplier@oaklandnet.com https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier mailto:isupplier@oaklandnet.com https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier/iSupplier-User-Guides https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier/iSupplier-User-Guides https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier/iSupplier-User-Guides

Background The City first competitively procured these maintenance services in 2024 as part of the implementation of the Next Generation Bus Shelter Program. Since that time, the City's inventory of municipally owned bus shelters has continued to grow through capital projects and standalone shelter installations. This procurement will continue and expand those maintenance services to support the City's increasing inventory of transit amenities while incorporating lessons learned during the initial contract period.

The selected contractor shall furnish all labor, supervision, equipment, materials, vehicles, tools, transportation, permits, and incidentals necessary to perform the services described in this Scope of Work.

Contract Term The anticipated contract term shall be two (2) years, with the City's option to extend the agreement for two (2) additional one-year terms, subject to satisfactory contractor performance, funding availability, and City approval.

Following this introductory section, the detailed Scope of Services shall include the following tasks:

1. Maintenance

2. Cleaning

3. Pressure Washing

4. Best Management Practices

5. Other Maintenance

6. Inspections

7. Call-Out Maintenance Requests

8. Additional Cleaning Requests

9. Cleaning and Pressure Washing Schedule

10. Temporary or Permanent Removal, Relocation, or Replacement of Bus Shelters

(Optional)

11. Restoration of Public Right-of-Way

12. Reporting

Technical Requirements The detailed technical requirements for each task are described in the remainder of this Scope of Work.

1. Maintenance of Bus Shelter Elements

a. The Contractor will be responsible for the maintenance of all bus shelter inventory, new and existing from the Program, throughout the Contract Term.

b. Maintenance of the bus shelter elements will include cleaning, removing graffiti and stickers, removing litter in, on and within a ten-foot circumference around each of the elements.

c. Repair of minor damage, including installation of replacement parts when available.

d.

2. Cleaning

a. At each bus shelter the Contractor must perform the following, at each visit:

i. Clean the bus shelter elements using nonabrasive materials and methods;

ii. Clean bench, seat, and back area with an Environmental Protection Agency “Design for the Environment” certified environmentally friendly disinfectant (see approved list at https://www.epa.gov/pesticide-labels/dfe-certified-disinfectants);

iii. Clean/wipe down advertising, map cases, and real-time displays.

iv. Remove graffiti, stickers, and non-transit related postings within five feet (‘5) of all bus shelters.

v. Pick up and dispose of trash, including broken glass, litter, weeds, and biological waste within a ten-foot (10’) radius outside of the Bus Stop Shelter.

vi. The Contractor shall legally dispose of all waste and any other matter removed during cleaning operations and in compliance with federal, state, county, and city requirements.

vii. The Contractor must leave the Bus Shelter Elements in a clean and usable condition. Contractor shall report all damaged transit shelters, transit furniture and hazardous conditions to the City immediately. For an inventory of locations see Exhibit A.

3. Pressure Washing

a. The Contractor shall pressure wash the area under Bus Stop Shelters. Pressure washing shall remove foreign substances (i.e., gum, graffiti, food, bodily fluids, etc.) from the concrete pad, brick, and/or sidewalk without damaging surfaces.

The Contractor shall use environmentally friendly, biodegradable, and non-toxic cleaning materials.

b. The Contractor shall pressure wash the Bus Stop Shelter, from roof to ground.

c. Pressure washing best practices should comply with local, county, and state regulations.

d. The Contractor is responsible for all costs for any damage to Bus Stop Shelter and its related furniture (benches, trash cans, map cases, kiosks, real-time displays, advertising panels etc.) due to pressure washing.

4. Best Management Practices

a. Prior to any washing, block all storm drains with an impervious barrier such as sandbags or berms, or seal the storm drain with plugs or other appropriate https://www.epa.gov/pesticide-labels/dfe-certified-disinfectants https://www.epa.gov/pesticide-labels/dfe-certified-disinfectants materials (and clean accumulated debris and remove blocking materials when finished).

b. Create a containment area with berms and traps or take advantage of a low spot to keep wash water contained.

c. Use vacuums or other machines to remove and collect loose debris or litter before applying water. Utilize a pump or vacuum to remove all wash water and recycle such water for reuse and dispose of the remainder amount of water as “waste-water” with a permit in a sanitary sewer (or other manner acceptable to the District proposed by contractor). All excess water as a result of pressure washing shall be removed from all pedestrian areas.

d. The Contractor shall perform all work to minimize the disruptions to traffic, the adjacent property, and business owners.

5. Other Maintenance

a. Minor Maintenance: Minor maintenance shall include, but is not limited to, replacing and reattaching missing bolts or chains, replacing and installing damaged bus shelter panels, and refastening the bus shelter elements to the ground. The Contractor must leave the program elements in a clean and usable condition. Contractor shall report all damaged program elements and hazardous conditions to the City immediately. The Contractor must remove any hazards (i.e. trip hazards) associated with the program element that may lead to liability for the City.

b. Paint: Contractor shall paint Bus Stop Shelter to match the existing color as needed. Painting needs may include scratches, graffiti, peeling, etches, or rust, etc. Contractor shall prepare the surface according to the manufacturer's specifications. The paint used shall be approved by the City. Applied paint shall have a uniform appearance.

c. Lighting: Contractor shall inspect all lighting and real-time displays associated with program elements at least once a month to ensure that lights are properly functioning and not damaged. Contractor shall provide replacement bulbs for broken lights that are like-for-like at that shelter or furniture element. The contractor should identify if a shelter or furniture element is powered by a utility meter or connected to the local jurisdiction grid. In addition, the Contractor should distinguish between broken lighting in a bus shelter, in an advertising panel, or in the real-time display.

d. Unhoused Trash Cleanup: In some cases, the Contractor may need to clean out trash from unhoused people seeking shelter. The Contractor is not required to interact with unhoused people(s) and should notify the City of any unhoused people(s) in a Bus Stop Shelter or its vicinity. The Contractor should only clean trash from a Bus Stop Shelter or furniture element once the unhoused person(s) has left.

6. Inspections

a. The Contractor will use a City approved Asset Management system and on-site visual inspections to document that all Bus Shelter elements are maintained as described in here.

b. The Contractor shall report all damaged Bus Stop Shelters and hazardous conditions through e-mail to City Project Manager and through the Oak311 system. The Contractor is also required to respond to call out requests to clean Bus Stop Shelter or replace public information in order to keep shelters safe, informative, and clean.

i. A representative(s) from the City will submit a call out work order on the Contractor’s electronic work order system or through other City approved means. To clearly communicate the request, the City will reference the five-digit 511 stop identifier found on a bus stop pole signage at each bus stop and/or will reference nearby cross streets.

ii. The Contractor will respond to the call out work order on the Contractor’s electronic work order system with corrective actions, including before and after photos, for the maintenance request within twenty-four (24) hours of email receipt and for replacing public information within seventy-two (72) hours.

c. If the Contractor fails to respond to the call out cleaning request within twenty-four (24) hours, the City may deduct the cost of a cleaning per occurrence from the monthly billing.

7. Call Out Maintenance and Cleaning Requests

a. The Contractor shall report all damaged CSFP elements and hazardous conditions to the City immediately. The Contractor is also required to respond to call out requests to clean elements or replace public information in order to keep shelters safe, informative, and clean.

b. The Contractor and the City shall use the City’s Oak311 and CityWorks request management system for capturing and communicating call out maintenance and cleaning requests.

8. Cleaning and Pressure Washing Schedule

a. The Contractor must prepare a biweekly schedule for Cleaning and Pressure

Washing, which must be approved by the City.

9. Temporary or Permanent Removal, Relocation or Replacement of Bus Shelters and

Related Services (Optional)

a. Included as a part of the Contractor’s maintenance services may be to temporarily or permanently remove, reinstall, relocate, or replace existing and new Bus Shelters to accommodate roadway construction projects, filming, special events, bus stop relocations, bus stop deletions, bus stop additions, and/or similar needs effected through transit route changes.

b. The City anticipates that the Contractor will perform a portion of these removals, reinstallations, relocations, and/or replacements at an hourly cost approved by the City.

c. This work may be contingent on availability of spare parts and bus shelters, which the City will store and provide access to when needed.

10. Restoration of Public Right of Way

a. Upon review and approval of a proposal by the City, the Contractor, will also restore all rights of way impacted by the relocation or replacement of current Bus Shelters including, but not limited to, any sidewalk surface, curbing, drainage, vegetation, plantings, trees, shrubs or structures, disturbed, destroyed or damaged by contract activities or construction of the shelters, kiosks or other elements on City property.

11. Reporting

a. The Contractor shall provide the City twenty-four (24) hour access to an electronic work order system. The work order system must be online, or through another City approved method. The work order system should enable the Contractor to update changes in the field in real time. The work order system should be accessible to City staff to generate reports for City use and submit work order requests.

b. The tracking system would allow information to be visualized in a map and/or provide analytics that identify high maintenance locations, where maintenance is needed more than the minimum. The work order system must be approved by the City Before utilization.

c. The work order system must include the following information:

i. When

1. Date and time of visit

2. Before and after photos. Blurry photos will not be accepted for payments

ii. Where

1. Location of CSFP element (for bus stops this is reference 511 stop ID identifier number and nearest cross streets)

2. Latitude/Longitude

iii. What

1. Report system should be capable of allowing filtering by date, location and activity type

a. Cleaning

b. Graffiti abatement

c. Pressure Washing

d. Call out Maintenance Requests

2. Minor Maintenance by type of minor maintenance

Service Locations Services will be performed at City-owned bus shelters and associated transit amenities located throughout the City of Oakland. The inventory of facilities may change during the contract term as new shelters are installed, existing shelters are relocated, or facilities are removed from service. The contractor shall be capable of providing services citywide.

Special Requirements, Certifications, and Licenses The Contractor shall:

• Maintain all licenses required to conduct business in the State of California and the City of Oakland.

• Maintain all insurance required by the City throughout the contract term.

• Comply with all applicable federal, state, regional, and local laws, regulations, and safety requirements.

• Ensure that employees performing pressure washing, waste handling, and related environmental work follow applicable stormwater Best Management Practices (BMPs) and environmental regulations.

• Provide personnel trained to safely perform work within the public right-of-way, including traffic and pedestrian safety practices.

• Be capable of documenting work electronically using a City-approved work order and asset management system.

Minimum Qualifications At a minimum, proposers shall demonstrate:

• At least three (3) years of experience providing maintenance, cleaning, inspection, or repair services for transit shelters, street furniture, public facilities, or similar municipal infrastructure.

• Experience managing geographically distributed maintenance operations using an electronic work order or asset management system.

• Ability to respond to routine and emergency service requests within the response times specified in this Scope of Work.

• Experience performing work in active public rights-of-way while maintaining safe operations for pedestrians, transit riders, and vehicular traffic.

• Sufficient staffing, equipment, and organizational capacity to perform citywide maintenance services on an ongoing basis.

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 50%.

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 https://www.oaklandca.gov/departments/workplace-employment-standards 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 https://www.oaklandca.gov/topics/minimum-wage-paid-leave-service-charges https://www.oaklandca.gov/topics/minimum-wage-paid-leave-service-charges 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 mailto:DWES@Oaklandca.gov 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, https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules 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 RFP become the property of the City.

24. The RFP 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 RFP process.

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