RFQ_On-Call Construction 2027-2030_FINAL.pdf

City of Oakland Elizabeth A. Lake, Interim City Administrator

REQUEST FOR QUALIFICATIONS

for

ON-CALL GENERAL

CONSTRUCTION SERVICES

2027-2030

Oakland Department of Transportation (OakDOT) and

Oakland Public Works (OPW) 250 Frank H. Ogawa Plaza, Suite 4344, Oakland, CA 94612 Project Manager: Mandana Ashti, P.E.

August 2026

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TABLE OF CONTENTS

SECTION 1. Project Information

1.1 RFQ NOTICE

1.2 INTRODUCTION

1.3 SCOPE OF SERVICES

1.4 RFQ TIMELINE

1.5 GENERAL INFORMATION

SECTION 2. Submittal Instructions

2.1 SUBMITTAL REQUIREMENTS

2.2 DOCUMENTS DUE WITH SUBMITTAL

SECTION 3. Selection Process

3.1 REVIEW OF SOQS

3.2 CONTRACT EVALUATIONS AND AWARD

SECTION 4. Mandatory Policies and Programs

SECTION 5. On-Call Bid Requests and Task Orders

5.1 ON-CALL BID REQUESTS

5.2 TASK ORDER AWARD

SECTION 6. Contractor Information Form, Relevant Project Experience by Type, Prequalification Questionnaire and Appendices

CONTRACTOR INFORMATION FORM

RELEVANT PROJECT EXPERIENCE BY TYPE

PREQUALIFICATION QUESTIONNAIRE

APPENDIX A - Documents Required with Submittal

APPENDIX B - Schedules I, O, W, and Z

APPENDIX C - Sample Contract, Sample Task Order Forms, Sample Payment and Perfomance Bond Forms

APPENDIX D - Schedule Q (Insurance Requirements)

APPENDIX E - General Provisions/Special Provisions/Specifications

APPENDIX F - Schedule L-2 (Performance Evaluation Form)

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RFQ: On-Call General Construction Services 2027-2030 Page 1

SECTION 1. Project Information

1.1 RFQ NOTICE

ON-CALL GENERAL CONSTRUCTION SERVICES:

The City of Oakland (City) seeks Statements of Qualifications (SOQ) from licensed contractors interested in providing on-call general construction services for capital improvements to its facilities within the City’s right-of-way and/or in backyard/side-yard easements. SOQs must be submitted in accordance with the requirements set forth in this document. The City will establish a pool of pre-qualified contractors possessing various licenses. The license types sought by this RFQ include, but may not be limited to: A, B, and all (C) Specialty Contractors.

As specific projects arise, bids will be solicited informally from the contractor pool with the appropriate license. Potential projects involve parks and athletic fields; recreation centers;

libraries; administration buildings; sidewalks and curb ramps; creeks and waterways; small and large full trash capture devices in the storm drainage system; green stormwater infrastructure, stormwater drainage infrastructure, pavement rehabilitation, roadway repair and stabilization, traffic calming, bridge repairs, streetscape improvements and other associated work.

While the City anticipates awarding multiple firms, the City reserves the right to award any number of contracts it deems necessary, to reject any or all SOQs, to waive minor irregularities in any SOQ, to request additional information from any submitter, and to negotiate with any or all submitters. The City further reserves the right to cancel this RFQ at any time, to reissue the RFQ with modifications, or to procure the services through alternative methods, without liability to any submitter. Prequalification does not guarantee award of any task order. The City may remove contractors from the prequalified pool at any time for cause, including but not limited to poor performance, failure to maintain required licenses or insurance, or material changes in the contractor’s financial condition.

Pre-Submittal Meeting: September 15, 2026, at 11:00 AM (Voluntary) https://teams.microsoft.com Meeting ID: 290 059 051 432 646 Passcode: Go2jP3rn

Questions Due: September 22, 2026, by 2:00 PM , by email to the CapitalContracts@oaklandca.govand cc the Project Manager. When sending emails, please use the following naming convention: “Project Number, Project Title”. It is the Contractor’s responsibility to ensure that the email is received by the Capital Contracts Division.

Addendum: Any addendum that materially changes the bid invitation shall be issued no less than 72 hours before the bid opening, unless the bid opening is extended by said addendum.

https://teams.microsoft.com/ mailto:CapitalContracts@oaklandca.gov

RFQ: On-Call General Construction Services 2027-2030 Page 2

Statement of Qualifications Due: October 1, 2026, by 2:00 PM. Statement of Qualifications (“SOQs”) shall be uploaded into the City’s iSupplier online procurement system or may be mailed or hand-delivered to the City Clerk at 1 Frank H. Ogawa Plaza, Room 101, Oakland, CA 94612 prior to the SOQ due date and time.

If vendors choose to mail or hand-deliver their SOQ, it is the vendor’s responsibility to ensure that it is received by the City Clerk prior to the SOQ due date and time. It is strongly encouraged to allow for several additional days for mail processing. Late submissions may not be accepted and will be returned unopened.

Vendors must be registered with iSupplier to submit proposals online. Access iSupplier by going to the following web address: https://www.oaklandca.gov/services/register-with-isupplier

Contract Value and Term: The anticipated contract not-to-exceed amount is $5,000,000.00 per contract for a three-year term.

Task Orders: The scope of work will be defined by each project. Each project will be solicited through Task Orders at Capital Contract's discretion, and the contract shall be awarded to the lowest responsive and responsible bidder.

License(s) Required: A, B, and all (C) Specialty Contractors.

All Licenses will be grouped by expertise.

Bonds: Bid Security is not required with the submittal. However, 100% Performance and Payment bonds will be required at the time of project assignments. The contractor MUST provide with their submittal a notarized letter from a corporate surety confirming the contractor’s bonding limit.

Oakland Local and Small Local Business Enterprise (L/SLBE) Requirements: Not required during the SOQ submittal. 50% minimum participation per task order is required unless reduced as a result of an Availability Analysis or waived through City Council action.

DWES Certified Local Trucking Requirement: Determined on a per-project/Task Order basis.

Mandatory Preferred Small Local Business (MPSLB) Program:

For Projects/Task Orders under the MPSLB threshold, the City will use the Mandatory Preferred Small Local Business (MPSLB) Program. Contractors already on the MPSLB list do not need to submit an SOQ. By virtue of being on the MPSLB approved list, they are eligible for this on-call

RFQ.

Contact Information:

Project Manager: Mandana Ashti at mashti@oaklandca.gov OPW Capital Contracts Division (CCD): Capitalcontracts@oaklandca.gov Department of Workplace and Employment Standards (DWES): slbe@oaklandca.gov https://www.oaklandca.gov/services/register-with-isupplier mailto:Capitalcontracts@oaklandca.gov mailto:shang@oaklandca.gov

RFQ: On-Call General Construction Services 2027-2030 Page 3

RFQ Documents: RFQ documents and any issued Addenda are available electronically only and provided free of charge through two websites listed below.

1. iSupplier: https://www.oaklandca.gov/services/register-with-isupplier

2. Contract Opportunities - City of Oakland

Important Disclaimers and AB 2036 Compliance:

It is the responsibility of each prospective submitter or proposer to download and print all RFQ documents, including any addenda, and to verify the completeness of their printed bid documents before submitting a bid. The City does not warrant, represent, or guarantee the accuracy or completeness of any RFQ documents and/or information retrieved from other sources. The City is not responsible for any loss or damage including, but not limited to, time, money, or goodwill arising from errors, inaccuracies, or omissions in any bid documents and/or information obtained from other sources. It is each prospective proposer’s responsibility to check these sites through to the close of bids for any applicable addenda or updates.

Asha Reed, City Clerk and Clerk of the City Council Newspaper publication date: August 28, 2026 http://www.oaklandca.gov/services/register-with-isupplier https://apps.oaklandca.gov/ContractOpportunities/

RFQ: On-Call General Construction Services 2027-2030 Page 4

1.2 INTRODUCTION

Oakland Public Works (OPW) and Oakland Department of Transportation (OakDOT) manage a variety of capital improvement projects for their facilities and right-of-way. As specific projects arise, bids will be solicited from a pre-qualified list of contractors with the appropriate license(s). Potential projects involve improvements to the City’s parks and athletic fields;

recreation centers; libraries; administration buildings; sidewalks and curb ramps; creeks and waterways; small and large full trash capture devices in the storm drainage system; green stormwater infrastructure; stormwater drainage infrastructure; bridges, pavement, streets, traffic signals, stairs, paths and other associated work.

Due to the varied nature, limited and unpredictable scope, and urgency of some projects, on-call construction contracts are essential to delivering these projects promptly, efficiently, and cost-effectively. Recognizing these benefits of utilizing on-call general construction contracts, the City Council authorized the establishment of a pre-qualification process for delivering construction services under Oakland Municipal Code Section 2.04.045.

1.3 SCOPE OF SERVICES

The City intends to establish multiple contracts with qualified contractors who possess one or more of the contractor licenses listed in the table below.

Contract Value and Term: The anticipated contract not-to-exceed amount is $5,000,000.00 per contract for a three-year term.

Task Orders: The scope of work will be defined by each project. Each project will be solicited through Task Orders at Capital Contract's discretion, and the contract shall be awarded to the lowest responsive and responsible bidder.

On-call general construction contracts will enable the City to deliver capital improvement projects effectively and efficiently. As specific projects arise, the City will solicit competitive bids from contractors possessing the required license and contract capacity. Bid bonds will be required with bids. A task order incorporating the work scope, bid amount, and construction schedule will be issued to the lowest, responsive, and responsible bidder. For any task order exceeding $25,000.00, Performance and Payment bonds for 100% of the task order amount will be required at that time. See Sample Task Order Form in the Appendix.

License Type:

Description of Services

A General Engineering Contractor

B General Building Contractor

C All Specialty Contractor

RFQ: On-Call General Construction Services 2027-2030 Page 5

Department of Industrial Relations (DIR) Requirements on Task Orders:

1. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.

3. This project is subject to compliance monitoring and enforcement by the DIR.

4. The prime contractor must post job site notices prescribed by regulation.

5. Assembly Bill 219 requires companies hauling or delivering ready-mix concrete to register with the DIR as a public works contractor.

Scope of Services:

The goal of establishing on-call general construction contracts is to deliver projects promptly, efficiently and cost effectively. As projects arise, the City will issue Notice to Bidders (NTB) to Consultants & Contractors who are pre-qualified and have executed contracts as a result of this RFQ.

Task orders(s) shall be competitively procured through an NTB solicitation process whenever possible, and task order(s) shall be awarded to the Contractor based on the lowest, responsive, and responsible bidder. The final task order scope of services, overall task order cost and task order schedule may be further negotiated between the City and the Contractor(s) prior to award of task order(s).

Listed below are examples of project types within the City of Oakland that may be performed under an on-call Task Order. This list is not meant to be all inclusive:

A. Oakland Public Works (OPW)

• Parks & landscaping

• Field improvements

• Tot lots / playgrounds

• Resilient safety surfaces

• Building systems alterations/upgrade

• Emergency repairs

• Restoration services (fire and water, etc.)

• Building remodels/renovations

• Historical building repairs/rehabilitation

• Storm drainage infrastructure repair, installation and restoration

• Landscaping & irrigation work around waterways and creeks

• Creeks & stream bed related construction and restoration

• Green stormwater infrastructure

• Small and large full trash capture devices repair, installation and restoration

• Cross-connection removal and realign work

RFQ: On-Call General Construction Services 2027-2030 Page 6

B. Oakland Department of Transportation (OakDOT)

• Pavement rehabilitation

• Sidewalks, driveways, curb & gutters

• Stairs & paths

• Street and pedestrian lighting

• Curb ramps and curb extensions

• Roadway slope stabilization

• Roadway repair

• Traffic signals, signage, striping and markings

• Traffic calming Improvements

• Bridge repairs

• Miscellaneous work withing the public right of way

1.4 RFQ TIMELINE

The estimated overall timeline for this RFQ is provided in the following table. The City of Oakland reserves the right, in its sole discretion, to modify, revise and change the schedule at any time. The submitter shall not be entitled for additional compensation if this timeline is not met or if actual RFQ schedule differs from this timeline.

ACTIVITY ESTIMATED TIMEFRAME

RFQ Issued August 28, 2026

Statement of Qualifications (SOQs) due

October 1, 2026

SOQs evaluated Mid-October, 2026

1.5 GENERAL INFORMATION

Please read instructions carefully. Contractors are required to fully complete all forms listed in Section 2.2 and submit all information requested. Omissions and other failures to provide such information, certifications, or signatures may result in a determination of "nonresponsive" with no further consideration of the bid.

1. Pre-Submittal Meeting Information The RFQ Notice and legal advertisement will indicate whether a pre-submittal meeting is scheduled, and if it is voluntary or mandatory. If attendance at the pre-submittal meeting is mandatory, Prime Contractors who fail to attend are disqualified from submitting an SOQ. Topics discussed at the pre-submittal meeting may include, but are not limited to, general or technical project information, RFQ: On-Call General Construction Services 2027-2030 Page 7 compliance requirements for programs such as the City’s Local/Small Local Business Enterprise Program, Disadvantaged Business Enterprise provisions, or supplemental HUD funding provisions, the Local Employment Program, the Oakland Apprenticeship Workforce Development Partnership System, Prompt Payment Ordinance, Equal Benefits Ordinance, Border Wall Prohibition, minimum wage ordinance, living wage ordinance, and prevailing wages.

(Note: Pre-Submittal Meeting for this RFQ is voluntary, per Section 1.1 RFQ Notice)

2. RFQ Documents and Addenda

RFQ documents and Addenda are available in digital format only and provided free of charge through two websites listed below. Hard copies are NOT available for purchase from the City. Courtesy notifications of newly advertised contracting opportunities with the City of Oakland are emailed only to vendors properly registered with either portal listed below.

a. iSupplier System (City’s official site):

Registration in iSupplier, the City’s payment and procurement system, is required in order to receive a contract, payments and notifications of contracting opportunities.

New registrants can email iSupplier@oaklandca.gov for registration instructions.

Allow three working days for approval to access bid documents through iSupplier.

Without proper registration, your firm may not be receiving notifications from iSupplier regarding contracting opportunities. We recommend updating your firm’s primary email contact regularly and confirming the “Products and Services” section of your profile is correctly filled out. For further information, refer to the following links for detailed iSupplier registration instructions.

https://www.oaklandca.gov/services/contracts-and-compliance/register-with-isupplier

The iSupplier system assigns a unique “Request for Quotation” number and a three-page introductory document to each contracting opportunity (construction bid).

These front-end documents from iSupplier are for reference only and need not be submitted at any time.

b. City of Oakland Contract Opportunities Contract Opportunities - City of Oakland

3. Bid Security

Not required for this RFQ.

4. Addenda Acknowledgment

Failure to acknowledge all addenda in the Contractor’s transmittal letter, if any are issued, may result in the SOQ being deemed nonresponsive.

mailto:iSupplier@oaklandnet.com https://www.oaklandca.gov/services/contracts-and-compliance/register-with-isupplier https://www.oaklandca.gov/services/contracts-and-compliance/register-with-isupplier https://apps.oaklandca.gov/ContractOpportunities/

RFQ: On-Call General Construction Services 2027-2030 Page 8

5. Rejection of SOQ

The RFQ does not commit the City to award an agreement or to pay any cost incurred in the preparation of the SOQ. The City reserves the unqualified right to modify, suspend, or terminate at its sole discretion any and all aspects of the RFQ and/or process, to reject any or all submittals, whether or not minimum qualifications are met, and to modify, postpone, or cancel the RFQ without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to waive any defects as to form or content of the RFQ or any responses by any contractor teams and to request and obtain additional information from any candidate submitting a proposal. Furthermore, a SOQ RISKS BEING REJECTED for any of the following reasons:

received after the designated time and date.

received at other than the designated location.

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

Program.

not containing the required elements or exhibits, or not organized in the required format.

containing excess or extraneous material not called for in the RFQ.

considered not fully responsive to this RFQ.

failure to acknowledge addenda, if any are issued.

6. Contract Execution

The primary contract shall be signed by the successful submitter and returned together with the supporting certifications and appropriate insurance documents within 10 working days after receipt of such contract. If the contractor fails or refuses to enter into the contract to do the work, or fails to provide the signed contract, supporting certifications, contract bonds or appropriate insurance documents, the contract offer may be subject to rescission.

7. Sample Bid Instructions

Once the Contract is executed as part of this RFQ, the contractor may receive a Notice to Bid (NTB) on a task-order basis, which will require a bid submittal. Instructions regarding bid schedules, bid alternates, and self-performance, among others, are outlined in the Sample Bid Instructions in Section C, and the contractor is advised to familiarize themselves accordingly.

8. Sample Construction Contract for Public Works Construction

Contractors are advised to familiarize themselves with the contract boilerplate included in Appendix C. The City is not inclined to make any changes to the contract language.

9. Performance and Payment Bonds

Bid, Performance, and Payment bonds are not required with the SOQ. Instead, the prime contractor shall provide a notarized letter from a corporate surety confirming the

RFQ: On-Call General Construction Services 2027-2030 Page 9 contractor’s bonding capacity. Actual Payment and Performance bonds for 100% of the value of the work will be required at the time of work assignment. Sample bond forms are included for reference with the sample construction contract in the Appendix.

10. Insurance Requirements

The contractor will be required to provide proof of all insurance required for the work prior to the execution of the contract. Refer to Schedule Q in the Appendix for coverage requirements.

11. Business Tax Certificate

The contractor awarded this contract shall obtain or provide proof of having a current City of Oakland Business Tax Certificate prior to contract execution.

12. Public Records Act or Sunshine Ordinance

All submittals become the property of the City. Contractors are instructed to label individual pages as "confidential" or "proprietary" information to indicate the desire to withhold financial and proprietary information. A document labeled "confidential" or "proprietary" information may still be 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 interest whether or not to disclose "confidential" or "proprietary" information.

Responses to the Prequalification Questionnaire and financial statements shall not be public records nor open to public inspection. However, records of the names of contractors applying for prequalification status shall be public records subject to disclosure under the Public Records Act.

RFQ: On-Call General Construction Services 2027-2030 Page 10

SECTION 2. Submittal Instructions

2.1 SUBMITTAL REQUIREMENTS

Statement of Qualifications (SOQ) shall be submitted electronically via iSupplier. If there is an issue submitting through iSupplier, please email isupplier@oaklandca.gov and copy Capital Contracts Division at capitalcontracts@oaklandca.gov and the Project Manager, Mandana Ashti, at mashti@oaklandca.gov at least 72 hours before the deadline specified in this RFQ, subject to Addenda issued. SOQs not received by the deadline may not be considered for evaluation and award.

The SOQ should be organized in the order in which the required elements are presented below.

Elements to be included in the SOQ are described below.

Submittal Format

1. Transmittal Letter

a. Letter addressed to RFQ Project Manager, Mandana Ashti, City of Oakland, Great Streets Delivery Division, Department of Transportation, 250 Frank H Ogawa Plaza, Oakland, CA 94612.

b. Briefly explain your firm’s approach to providing excellent service, and why you believe your firm stands above the competition.

c. Letter shall be signed by an officer of the prime contractor. In case of a joint venture or other joint-prime relationship, an officer of each venture partner shall sign.

d. IMPORTANT: Include a statement of acknowledgment of having received all addenda, if any are issued.

2. Submitter Qualifications and Experience (Suggested Limit - 20 pages)

a. The Submitter shall possess one or more valid contractor licenses issued by the State of California. See Section 1.3 Scope of Services for the list of acceptable licenses. A license must be active and in good standing at the time of submittal. Provide a photocopy of the license and the license number.

b. The submitter shall possess current and valid California Department of Industrial

Relations (DIR) registration. The Submitter must provide a current and valid California Department of Industrial Relations (DIR) registration number.

c. Submitter shall provide a list of essential proposed personnel with their resumes.

Submitter shall provide a summary of essential proposed personnel expertise and experience as applicable to the scope of services of this RFQ.

d. Provide a list of at least five (5) projects/contracts where the submitter mailto:isupplier@oaklandca.gov mailto:capitalcontracts@oaklandca.gov mailto:mashti@oaklandca.gov

RFQ: On-Call General Construction Services 2027-2030 Page 11 performed work that is applicable to the scope of services of this RFQ. Provide the project/contract name, a summary of the work performed by the submitter under that project/contract that is applicable to the scope of services of this RFQ, project/contract client name, client point of contact full name and title, point of contact e-mail address and point of contact direct phone number.

e. Provide a list of at least five (5) references who can verify the submitter has performed work that is applicable to the scope of services of this RFQ and successfully completed such work. The list of references should include project/contract client name, reference full name and title, reference e-mail address and reference direct phone number.

f. If one is available now, submit a copy of a current City of Oakland business license. This is NOT a condition of submitting your SOQ, but will be required in order to receive a contract.

2.2 DOCUMENTS DUE WITH SUBMITTAL

Contractors shall submit all items below. Submitting incomplete information or missing any items below may be deemed non-responsive.

Transmittal Letter, with acknowledgement of Addenda, If any Submitter Qualifications and Experience City of Oakland business license if it is available now. This is NOT a condition of submitting your SOQ, but will be required in order to receive a contract.

A complete Contractor Information form. See Section 6 A complete Table of Relevant Project Experience by Type. See Section 6 A complete Prequalification Questionnaire. See Section 6 Bid Bond or Bid Security is not required, however, a Surety letter regarding bonding capacity is required. (see Part I of Prequalification Questionnaire) Schedule I Sanctuary City Schedule O Campaign Contribution Limits Schedule W Border Wall Prohibition (from Prime) Schedule Z Debarment and Suspension (from Prime)

RFQ: On-Call General Construction Services 2027-2030 Page 12

SECTION 3. Selection Process

3.1 REVIEW OF SOQS

The SOQs will be evaluated using the following criteria and scored as described below. A total of 105 points, including 5 local preference points, are possible. A minimum of 70 points are required for a passing score.

LICENSES; DISPUTES; CRIMINAL MATTERS AND SUITS (Section 3.1.1) .. (20 points max)

This criterion evaluates the contractor's legal standing and history. The City will review the contractor's valid California Contractor's License and DIR Registration status, any history of license revocations or suspensions, outstanding disputes or lawsuits involving public agencies or project owners, and any criminal matters related to construction activities. Responses to the Prequalification Questionnaire sections on Licenses, Disputes, and Criminal Matters and Related Civil Suits will be assessed.

COMPLIANCE WITH SAFETY, WORKERS COMPENSATION, PREVAILING WAGE AND

APPRENTICESHIP LAWS (Section 3.1.2) .................................................. (20 points max)

This criterion evaluates the contractor's compliance with labor and safety regulations.

The City will review liability and workers' compensation insurance coverage, bonding capacity verification, OSHA and Cal/OSHA compliance history, prevailing wage violation history, and apprenticeship program participation. Responses to the Prequalification Questionnaire sections on Bonding and Compliance with Occupational Safety and Health Laws will be assessed.

BUSINESS AND ORGANIZATIONAL EXPERIENCE; PROJECT/CONTRACT EXPERIENCE

AND REFERENCE REVIEW (Section 3.1.3) ............................................... (60 points max)

This criterion evaluates the contractor's qualifications and track record. The City will review organizational structure and business history, relevant project experience by type, key personnel qualifications, and references from previous clients. Responses to the Prequalification Questionnaire sections on Current Organization and Structure of the Business, History of the Business and Organizational Performance, and the Relevant Project Experience by Type form will be assessed.

ADDITIONAL PREFERENCE POINTS PER LOCAL/SMALL LOCAL BUSINESS ENTERPRISE

PROGRAM (Section 3.1.4) ........................................................................ (5 points max)

This criterion provides additional preference points for certified Local Business Enterprises (LBE) and Small Local Business Enterprises (SLBE) in accordance with the City's L/SLBE Program. Certification status will be verified through the City's Department of Workplace and Employment Standards (DWES). See the L/SLBE Program Guidelines for details:

city-of-oakland-local-small-local-business-program-1-6-2025.pdf

The City reserves the right to select contractors based solely on SOQs and not conduct oral https://www.oaklandca.gov/files/assets/city/v/1/workplace-employment-standards/documents/city-of-oakland-local-small-local-business-program-1-6-2025.pdf

RFQ: On-Call General Construction Services 2027-2030 Page 13 interviews.

If needed, oral interviews may be held with short-listed firms. The short-listed firms will be notified in writing whether interviews will be held and provided with information on the interview format.

If the City conducts oral interviews of the short-listed firms, the interviews will be weighted as 50% and SOQs 50% of the overall ranking.

3.2 CONTRACT EVALUATIONS AND AWARD

Upon completion of the evaluation process, the SOQs will be evaluated, and the City will determine the actual number of contracts to be awarded. The City intends to establish multiple on-call contracts. The contractors with a score of 70 points or more will be invited to participate in the in-person interview. The City may require the contractor to submit technical information or other revisions to the contractor’s qualifications as a result of the interview.

Upon successful completion of the evaluation and authorization from the City Council, the City Administrator will award the contract to the selected contractors. A sample construction contract, insurance requirements and bonding requirements are included in this RFQ. The selected contractor will be required to enter into a contract that contains terms and conditions as presented in the sample contract. Please note that the City Attorney’s Office is typically not inclined to make any modifications to the standard terms and provisions. If the contractor fails or refuses to enter into the contract to do the work, or fails to provide the signed contract, supporting certifications, contract bonds or appropriate insurance documents, the contract offer may be subject to rescission

Once a final award is made, all RFQ responses, except financial and proprietary information, become a matter of public record and shall be regarded by the City as public records. To withhold financial and proprietary information, please label each page as "confidential" or "proprietary". 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 or not to disclose "confidential" or "proprietary" information. The City shall not in any way be liable or responsible for the disclosure of any such records or portions thereof if the disclosure is made pursuant to a request under the Public Records Act or the City of Oakland Sunshine Ordinance.

The selected contractor and its sub-contractors will be required to maintain auditable records, documents, and papers for inspection by authorized local, state, and federal representatives.

Therefore, the contractor and its sub-contractors may be required to undergo an evaluation to demonstrate that the contractor uses recognized accounting and financial procedures.

RFQ: On-Call General Construction Services 2027-2030 Page 14

SECTION 4. Mandatory Policies and Programs

Definitions

• “contractor”, “firm”, “prime contractor”, “submitter” and “proposer” are defined as a public works contractor

4.1 Prevailing Wage Rates

This project is subject to California Labor Code Sections 1770-1781, 1813, and 1815, which require the payment of prevailing wages and compliance with other applicable requirements.

Prevailing wage information, including wage rates, can be found at the California Department of Industrial Relations website: https://www.dir.ca.gov/publicworks/prevailing-wage.html

As a condition to receiving progress payments, final payment, and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor shall have provided to the City, along with its request for payment, all applicable and necessary certified payrolls and other required documents for the time period covering such payment request. The City shall withhold any portion of a payment, including the entire payment amount, until certified payroll forms and other required compliance monitoring documents are properly submitted. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., or wage violations are identified by the City, the City may continue to hold sufficient funds to cover estimated wages and penalties under the contract.

a. Weekly Certified Payroll: Contractors are required to submit weekly certified payroll

<<< Schedules I, O, W and Z must be submitted with the submitter’s Statement of Qualifications (SOQ). >>>

All other Schedules referenced below are required prior to contract execution with exception to any schedule(s) mentioned above. These schedules will only be required of the contractor receiving the award and will be provided during the contract execution phase. These Schedules, policies, programs, and ordinances referenced in this section are available at:

Schedules, Contracts, and Compliance Forms | City of Oakland, CA

Please carefully review all the terms and conditions described below. The City shall award contracts only to firms that can achieve full compliance.

https://www.dir.ca.gov/publicworks/prevailing-wage.html https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Contract-Administration-Unit/Schedules-Contracts-and-Compliance-Forms

RFQ: On-Call General Construction Services 2027-2030 Page 15 documents five days after each pay period to the City and will be monitored/audited for compliance. The City will investigate discrepancies in the audit as well as prevailing wage claims and may request further documentation or proof of compliance. If the City determines that Contractor has failed to pay any of its employees the appropriate prevailing wage rate, findings will be reported to the Department of Labor and/or the difference between the amount paid and the amount owed for prevailing wages from any amount owed contractor will be withheld until such time as the payment dispute is fully and finally resolved.

b. Electronic Payroll Submittals: The prime contractor and all subcontractors shall submit all certified payrolls via the LCPtracker System. Prime contractors will be assessed a fee for the payroll software as noted in the City’s Master Fee Schedule:

https://www.oaklandca.gov/documents/city-of-oakland-master-fee-schedules

c. All work is subject to compliance monitoring and enforcement of prevailing wage requirements by the California Department of Industrial Relations (DIR) and the City of Oakland Department of Workplace and Employment Standards (DWES).

d. The prime contractor must post job site notices prescribed by regulation.

4.2 Senate Bill 854

Signed into law on June 20, 2014, SB 854 made several significant changes to laws pertaining to the administration and enforcement of prevailing wage requirements by the State of California Department of Industrial Relations (DIR). Among other things, SB 854 established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects.

Important Things to Know About SB 854:

a. It is mandatory for all contractors and subcontractors who bid or work on a public works project to register and pay an annual fee to DIR.

b. Only DIR-registered contractors and subcontractors may be listed on a bid proposal for a public works project.

c. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with DIR.

d. No contractor or subcontractor may work on a public works project unless registered with

DIR.

e. An awarding body may not accept a bid or enter into a contract for public work with an unregistered contractor.

f. DIR maintains an up-to-date listing of registered contractors.

g. Additional information may be found at the DIR website:

http://www.dir.ca.gov/public-works/publicworks.html

• There are exceptions to the registration requirement for bidders in https://www.oaklandca.gov/documents/city-of-oakland-master-fee-schedules https://services.dir.ca.gov/gsp?id=dir_contractors&table=x_cdoi2_csm_portal_customer_account_lookup&view=public&sysparm_fixed_query=type%3D2&filter=type%3D2 http://www.dir.ca.gov/public-works/publicworks.html

RFQ: On-Call General Construction Services 2027-2030 Page 16 circumstances where a CSLB license would not be required at the time of bidding.

• Additional exceptions and protections are included in the registration laws to limit bid challenges, allow some violations to be cured through payment of penalty fees, and allow unregistered contractors to be replaced with registered ones.

h. Further, effective July 1, 2016, Assembly Bill 219 requires companies hauling or delivering ready-mix concrete to register with the DIR as a public works contractor.

4.3 Definitions and Abbreviations

Refer to Special Provisions, Sections 1-2 and 1-3.

4.4 Nondiscrimination/Equal Employment Practices

Contractor shall not discriminate or permit discrimination against any person or group of in any manner prohibited by federal, state, or local laws. During the performance of this contract, the 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, RFQ: On-Call General Construction Services 2027-2030 Page 17

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

4.5 Local and Small Local Business Enterprise Program (L/SLBE) (use the Lakeside info)

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 City’s current L/SLBE Program guidelines may be accessed at the City of Oakland

RFQ: On-Call General Construction Services 2027-2030 Page 18 website: https://www.oaklandca.gov/departments/workplace-employment-standards

4.6 50% Local Employment Program (LEP) The LEP will apply to this scope of work if it includes the purchase of construction services either by the City as buyer or by a City Financial Assistance Recipient (CFAR); and either the City is the buyer and the dollar amount of the project exceeds $50,000.00 dollars; or the project exceeds 30 days; or new hires are needed to perform the work on the project.

Specifically, for such covered work, the LEP establishes a goal of 50% of the work hours, which must be performed by Oakland residents on a craft-by-craft basis. In addition, a minimum of 50% of all new hires on the project (on a craft-by-craft basis) must be Oakland residents, and the first new hire must be an Oakland resident. The LEP does not apply when the contract or subcontract is performed by an owner/operator; or the project requires less than 140 hours of work; or the project is performed as emergency work; or a job requires no more than two craft-persons to perform the duties of the entire project; or a contractor’s core workforce includes 50% Oakland residents, and no additional employees will be hired.

If applicable, the selected Bidder/Contractor must achieve the goals of the LEP or secure an exemption from the City. The goals must be maintained for the duration of the project and part of all subcontracts, regardless of Tier of phase under the contract.

The City’s current LEP guidelines may be accessed at the City of Oakland website:

https://www.oaklandca.gov/departments/workplace-employment-standards

4.7 15% Apprenticeship Policy The 15% Apprenticeship Policy will apply to City of Oakland funded construction projects where the total cost of the accepted bid for the project is $15,000 or more. This policy requires at least 15% of the total labor hours be performed by Oakland residents as apprentices, enrolled in a registered apprenticeship program approved or recognized by the State of California Division of Apprenticeship Standards.

The City’s current Apprenticeship Program guidelines may be accessed via the following link:

CITY OF OAKLAND, APPRENTICESHIP WORKFORCE

4.8 Prompt Payment Ordinance - Oakland Municipal Code, Chapter 2.06.070 This Ordinance requires that the contractor and its subcontractors shall 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 compliant.

The contractor or its subcontractors opposing payment shall provide security in the form of https://www.oaklandca.gov/departments/workplace-employment-standards https://www.oaklandca.gov/departments/workplace-employment-standards https://cao-94612.s3.amazonaws.com/documents/OAKLAND-APPRENTICESHIP-WORKFORCE-DEVELOPMENT-PARTNERSHIP-SYSTEM.pdf

RFQ: On-Call General Construction Services 2027-2030 Page 19 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

4.9 Pending Dispute Disclosure Policy

Contractors are required to disclose pending disputes with the City of Oakland. Contractor agrees to disclose and has disclosed, any and all pending disputes with the City in writing to the Project Manager. Failure to disclose pending disputes prior to execution of this Agreement or any subsequent amendment shall be a basis for termination of the

4.10 Conflict of Interest/Confidentiality/City-Contractor Relationship

The contractor shall avoid all conflicts of interest and respect its relationship with the City by maintaining confidentiality of materials deemed confidential by law.

According to the City’s Purchasing Ordinance (OMC Chapter 2.04.050.C), “No person, firm or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both.” To clarify, a firm (including, but not limited to licensed contractors and professional service providers) may not submit a proposal as a prime consultant or contractor if they are being listed as a sub-consultant or subcontractor on another proposal or bid for the same solicitation.

Exceptions include:

a. A firm may be listed on more than one Statement of Qualifications (SOQs), proposal mailto:dwes@oaklandca.gov

RFQ: On-Call General Construction Services 2027-2030 Page 20 or bid if they are proposing under separate legal entities.

b. A firm, if not submitting as a prime consultant or contractor, may be listed as sub-consultant or subcontractor on more than one proposal or bid.

c. In the case of an RFQ for On-Call General Construction Services, a firm may be listed as a prime contractor or subcontractor in more than one submittal provided each submittal is for a different contractor license type (e.g., A, B, C- 10, C-12, C-20, C-27, etc..) or service type at the sole discretion of the City.

d. No officer,…