REQUEST530 WATER STREET OAKLAND, CA 94607
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RFP FOR WEB MOD
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1. INVITATION The Port of Oakland (hereafter called “The Port”) is soliciting proposals from qualified Marketing/Web Development firms to assist the Port with redesigning, branding, and modernizing its websites: www.portofoakland.com, www.oaklandairport.com, and the Port’s intranet site. The Port has posted this Request for Proposals (RFP) in digital format on a hosting website that can be accessed via the ‘Current RFP's/RFQ's: All Other Port Departments’ link at the following URL: http://portofoakland.com/business/rfpsrfqs.asp. Proposing firms should carefully review the requirements of this RFP to ensure that they meet all of the stated requirements. Proposals will be received at the location specified in Section 7, Proposal Submittal Deadline and Requirements, of this RFP. Proposals will be received until the date and time specified in Section 7. Port policy prohibits discrimination or preferential treatment because of race, color, religion, sex, national origin, ancestry, age (over 40), physical or mental disability, cancer-related medical condition, a known genetic pre-disposition to a disease or disorder, veteran status, marital status, or sexual orientation. Consultant firms will receive credit for utilizing businesses that satisfy the requirements of the Port’s Non-Discrimination and Small/Local Business Utilization Policy (NDSLBUP), a summary of which is included herein as Attachment II. Attendance at a Pre-Proposal Meeting is mandatory for firms who wish to submit a proposal. The Pre-Proposal Meeting is scheduled as follows:
Tuesday, March 25, 2008 at 10 a.m. Exhibit Room 1st Floor Port of Oakland Building 530 Water Street Oakland, California
At the Pre-Proposal Meeting, the Port will provide information related to the Port’s insurance requirements and Non-Discrimination and Small/Local Business Utilization Policy, and will answer questions regarding the proposed project, submittal requirements and the selection process. Questions regarding this RFP should be addressed to the appropriate contact person listed in Section 10, Contacts, of this RFP. Any Addenda issued by the Port in response to Proposers’ questions will be posted on the above-mentioned hosting website. Upon issuance of an Addendum, notification will be sent to all parties who downloaded the RFP from the hosting website. Said notification will be sent to the fax number or e-mail address provided during the process of downloading the RFP. Only questions answered
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Present a consistent and cohesive corporate identity: • Use effective design to sell the core marketing message of each line of business • Common look and feel - consistent overall layout • Effective information presentation and directional sense • Update all three sites to a common, appealing, and professional style
Improve usability: • User-friendly interface tools • Intuitive navigational schemes • Modernize search capabilities
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retraction and archive content) • Establish access to a greater range of application services • Flexibility of information presentation
Streamline the operations and support of all three sites: • Have a common code/template base in terms of support and delivery. • Consolidate hosting services • Restructure designs and processes for a modular development approach that
allows the Port to expand its website, or add new functionality easily and cost- effectively when the business requirements change
3. SCOPE OF SERVICES It is anticipated that the Proposers will perform the following services: Project Management: An assigned project manager will be made available to present information and coordinate with Port staff, including an appropriate number of meetings to gather requirements, present design options, and development solutions. Web Hosting: Provide all hardware, software, and telecommunications services required to operate the Port’s external websites: www.portofoakland.com, www.oaklandairport.com, and the Port’s intranet. 1. Website must be available 24/7. 2. Hardware and software must be capable of supporting high traffic peaks and rapid
increases in web content. Plan for 100% increase (of current volume) each year for the next ten years.
3. Telecommunications bandwidth must be capable of handling peak traffic volumes of a minimum of 10Mb/s.
4. All site content and transactions must be protected from catastrophic events using off-site backup.
5. Site content must be captured bi-monthly on DVD media. 6. High levels of website security and protection must be maintained using appropriate
firewall, intrusion detection, and encryption technology. 7. The site must be able to offer extensive multi-media services including web-casts
and video downloads. 8. Provide necessary software and licenses to maintain site, as decided by the Port. 9. Provide extensive polling and reporting on web usage, including DNS services and
real-time web traffic statistics. 10. Provide technical support and staffing. 11. Provide for a rapid transition from the Port’s existing website hosting service
providers.
Website Design: 1. Provide website design services. 2. Common Theme – Each section/line of business of the site should have a consistent
look and feel, while leveraging each line of business-specific marketing strength. 3. Work with the Port’s in-house graphic design staff to develop a theme. 4. Streamlined navigation for a variety of audiences. 5. Visually Appealing – The site must have an attractive mix of text and graphics to
convey the Port’s key marketing messages. 6. Provide a mechanism to allow authorized Port staff to maintain and update a majority
of the external web content and 100% of the internal website content. 7. Provide portal capabilities, as in hosting password protected/secure login web pages. 8. A reasonable number of graphical templates that can be easily edited for various
business unit/division publication initiatives. 9. The ability to restructure and add content without undue strain on the system, for
example, no need to rebuild vast sections of the site when one portion is added or moved, as well as the ability to permanently delete and make totally inaccessible any piece of HTML content, graphic, document file, etc.
10. Display portions of website in different languages of choice (e.g. Chinese, Korean, Spanish, etc.).
11. Mouse over help text. Marketing Services & Site Usage Metrics: 1. Online Branding and Identity – leveraging branding and identity of the Port’s three
lines of business. 2. Search Engine Optimization and Reporting. 3. Permission Based Email & Newsletter Marketing. 4. Website Statistics Setup/ Tracking/ Analysis - Implementation of a tracking tool to
produce user defined site log reports (internal site and external site). The Port is aware that the actual tracking solutions may be provided by the hosting service, but we also need a customized tool to help the Port better understand and measure web visitor behavior and improve website performance and availability: • Web traffic analysis • Path analysis • Visitor trends • Page views • Entry pages • Top pages • Exit pages • Page – length of stay • Technical analysis: browsers and platforms
Content Management, Features, and Application Development 1. Create a content management system that will permit non-technical Port staff to
instantly update website content on specific pages. Desired high-level functionality: • The system should provide a Help or FAQ function for commonly encountered
problems. • On demand posting of content. • Content expiration functionality.
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posting) • Ghost site/templates – pre-constructed pages that can accept content and then
be turned on in the event of an emergency. 2. Easily updated –The system should be easy enough to use for someone looking only
to make quick, textual changes to existing content, but flexible enough to accommodate someone managing large portions of the site. Examples may include JavaScript, dynamic pages, Flash presentations, etc. Both types of users—and the varying levels between them—should find that their work integrates seamlessly with the rest of the site, both graphically and functionally.
3. The content management system and website it generates must be cross-browser and cross-platform compatible.
4. Provide role-based user authentication authorization controls for access. 5. Convert substantial amounts of existing content to new website. Converting current
site content into a new content management system should be an automated process and involve little to no work on the part of the content developers.
6. Automated job posting feature. 7. Interactive Forms - Work with the Port to identify, develop or purchase an application
for the collection and management of information input from forms using the website. The application must:
a. Capture data through forms on the Port’s web site b. Allow the Port to process and manipulate data and text collected from the
web forms c. Import and export data to and from the application d. Be fully hosted by the Proposer
8. Provide the ability to conduct live webcasts. 9. Shared calendars with multiple contributors. 10. On-line dialogue and surveys to enable the Port to gather e-mail, areas of interest
and demographic information from visitors in a format that permits the Port to maintain a single database of users and email each according to their area of interest and profile.
11. Listserv capabilities. 12. Create and maintain on-line company phone directory 13. Create and maintain on-line organizational charts. 14. Provide search capabilities using key words or phrasing that will identify content from
throughout the site(s), including documents and other files. 15. Integrate with existing databases, web applications, and other tools that the new site
should be connected to or that will need to be imported to the new site. This will include interfacing with and reading data from 3rd party API’s or servers and being able to seamlessly manage login sessions across servers.
Other Services:
1. Provide training and all necessary support to permit easy use by selected Port staff.
2. Testing of Site – Perform testing (including development and execution of test
scripts) of site(s) on all applicable internet browser platforms (Firefox/Mozilla, Internet Explorer, and Safari) and operating systems such as Windows, OSX and Linux to ensure site compatibility.
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3. Content Posting Support - Provide posting support services. Examples are ad
hoc changes to pages or templates, support with posting a table that doesn’t format as envisioned when copied from a source, etc.,
Site Specifications: The Port encourages creativity in the proposals submitted; however there are certain requirements for the website project. Your proposal must account for all of these requirements: 1. Meets ADA Requirements – The site should be developed to meet all federally
mandated access requirements adopted by the Federal Access Board under Section 508 Subsection 1194.22 of the Rehabilitation Act (and/or latest standards).
2. RSS feeds for headlines and updates. The ability to syndicate site content for Port
users is becoming increasingly important. Either on a page-by-page basis or limited to specific types of content (press releases, news articles, etc.), users of this content management system must be able to define, create, and manage content feeds for their content. The RSS system must also be flexible enough to allow per-feed customization such as adding or removing specific fields as needed.
3. Site must be compatible with HTML 4 and CSS 1 or higher. 4. Compatibility with mobile browsers, as long as this does not conflict with other design
goals. 5. Site must be built in accordance to the Web Content Accessibility Guidelines 1.0 (or
higher) provided by the W3C and should also be easily accessible to the novice as well as the experienced Internet user (and/or latest standards).
6. Web pages pre-formatted for print/one click print. 7. The website must be designed with a balance of text and graphics such that each
page loads in two (2) seconds or less on the average computer. Multiple simultaneous requests for static and dynamic content on the site, as well as multiple edits, additions, and deletions of content should be accommodated without visible slowdowns in performance.
8. Dynamic pages must be able to designate a template in which all linked content will
appear, no matter what template that content may have associated with it elsewhere in the content management system.
9. Once the website has been completed by the Proposer and accepted by the Port the
web site design and all of its contents, software and architecture become property of the Port of Oakland.
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4. PORT POLICY REQUIREMENTS The selected consultant will be required to comply with the following Port policy requirements: A. Non-Discrimination and Small/Local Business Utilization Policy (NDSLBUP): A summary of the Port’s NDSLBUP is included herein as Attachment II. B. Insurance Requirements: The selected consultant shall comply with the Port’s insurance requirements, as specified in Attachment IV below. C. Living Wage Policy: On March 5, 2002, the voters in the City of Oakland passed Measure I, adding to the City Charter Section 728 ("§728") entitled "Living Wage and Labor Standards at Port- assisted Businesses." §728 requires Port Aviation and Maritime businesses that meet specified minimum threshold requirements to pay all nonexempt employees a Living Wage rate established by City Ordinance, and adjusted annually, based on the Consumer Price Index for the San Francisco, Oakland and San Jose area. The current Living Wage rate as of July 1, 2007 is at least $10.39 per hour with credit given to the employer for the provision to covered employees of health benefits, and $11.95 per hour without credit for the provision of health benefits. Specifically, §728 applies to Port contractors and financial assistance recipients with the Aviation or Maritime divisions that have contracts worth more than $50,000 and that employ more than 20 employees who spend more than 25% of their time on Port-related work. §728 also provides covered employers with incentives to provide health benefits to employees, establishes a worker retention policy, requires covered employers to submit quarterly payroll reports and requires covered employers to allow Port representatives access to payroll records in order to monitor compliance and labor organization representatives access to workforces during non-work time and on non-work sites. Covered employers are responsible for complying with the provisions of §728 from the date the covered contract is entered into. When a contract is awarded, the contractor will be required to fill out the attached Employer Self Evaluation Form and Certificate of Compliance (see Attachment I) and return them to the Social Responsibility Division. (Do not include these forms in your statement of qualification/proposal). Please note that effective July 1, 2008 the Living Wage rate will increase. For more information, please call Jo Ann Yoshioka in the Port of Oakland’s Social Responsibility Division at (510) 627-1183. D. Web-Accessed Monitoring System (WAMS): Submitting firms are alerted that the Port of Oakland has adopted an electronic monitoring system to satisfy certain reporting requirements. The successful proposer will be required to utilize WAMS to satisfy said requirements. See Attachment II, Non- Discrimination and Small/Local Business Utilization Policy.
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E. Maritime and Aviation Project Labor Agreement (MAPLA):
The provisions of the Maritime and Aviation Project Labor Agreement (MAPLA) do not apply to this Request for Proposals.
F. Port Policy Regarding Security Sensitive Information:
By submitting a proposal, Proposer acknowledges that in the course of performing services under this contract, the selected consultant will come into possession of sensitive information subject to Port Of Oakland regulation. Those firms which are included on the short list for final consideration will be required to comply strictly with the Port of Oakland's policies and practices for sensitive information, including but not limited to all of the provisions incorporated in the Document Control Affidavit submitted by Proposer.
G. Reserved Rights:
The Port reserves, and in its sole discretion may, but shall not be required to, exercise the following rights and options with respect to the Proposal submission, evaluation and selection process under this RFP:
Disqualify a respondent that deviates from the RFP contact process. This includes direct contact or lobbying of other parties within the organization (including Port Commissioners) other than noted within this RFP. To reject the Proposal of any respondent that, in the Port’s sole judgment, has been delinquent or unfaithful in the performance of any contract with the Port or with others, is financially or technically incapable, or is otherwise not a responsible Respondent.
To amend or modify this RFP or the schedule for the submission, review and award of Proposals. All changes or amendments will be made by numbered and dated Addenda.
5. ADDITIONAL PROVISIONS The following provisions apply to this Request for Proposals:
A. Ownership of Proposal:
All rights to information developed, disclosed, or provided in a Proposal and its attendant submissions are the property of the Port, unless a Respondent makes specific reference to data that is considered proprietary. To the extent that a Respondent claims any copyright, patent, or other intellectual property right in any portion of its RFP, submission of an RFP constitutes the Respondent’s express (a) grant and assignment of a perpetual, transferable (in whole or in part), non-exclusive royalty-free license to the Port for all such portions, and (b) agreement that the Port may use any such intellectual property without charge for any lawful purpose in connection with other Port development projects, including without limitation, the creation of derivative works and issuance of sublicenses.
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B. Public Records Act:
i. Per the Public Records Act (Gov. Code 6250 et seq.), the Port will make available to the public the submitted proposal and all correspondence and written questions submitted during the Request for Proposal process. However, such disclosure shall not be made prior to the date on which the Port publishes a final Board agenda report recommending award of the contract. Except as otherwise required by law, the Port will not disclose trade secrets or proprietary/confidential financial information submitted in response to the Request for Proposal. Any such trade secrets or proprietary financial information, which a Proposer believes should be exempted from disclosure, should be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections shall not be permitted and shall be invalid. The specific information must be clearly identified as such.
ii. Upon a request for records regarding a submitted proposal, the Port will notify the Proposer involved of a specific time when the records will be made available for inspection. If the Proposer, in a timely manner, identifies any “proprietary, trade secret, or confidential commercial or financial” information which the Proposer determines is not subject to public disclosure, the Proposer will be required fully to intervene, justify such exemption, and secure appropriate injunctive orders in all fora exempting such records from disclosure. The Port reserves the right to independently determine whether any document is subject to disclosure and to make such information available to the extent required by applicable law, without any restriction. If the Port receives a request for public records after (i) the Board has approved a selection or (ii) the Port has rejected all Proposals, the Port will be under no obligation to notify the Proposer or to resist such request.
C. Indemnification:
If Respondent is selected to receive a contract, it will be required to agree to the following indemnity clause: To the fullest extent permitted by law (including, without limitation, California Civil Code Section 2782 and 2782.6), Consultant shall defend (with legal counsel reasonably acceptable to the Port), indemnify and hold harmless Port and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Consultant or its Subconsultants), expense and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of Consultant, any Subconsultant directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such liabilities are caused in part by the sole negligence, or willful misconduct of such Indemnitee.
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If there is an obligation to indemnify under this section, Consultant shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s acts or omissions.
D. Reimbursable Expenses:
All expenses incidental to performing the Scope of Services set forth in Section 3 above, including, but not limited to, reproduction of documents and other materials associated with Consultant’s deliverables and presentation materials; reproduction of construction contractor’s submittals; reproduction of Design Completion Consultants’ submittals; transportation and subsistence; telephone, computer, facsimile, or other similar costs; and the like, shall be included within the Contract Price.
E. Port’s Right to Modify:
Proposers are advised that the Port has not incurred any obligations or duties in soliciting this Request for Proposals. The Port reserves the right to reject any or all proposals submitted in response to this RFP; to request additional information or clarification of information submitted; to cancel or modify, in part or in its entirety, this RFP; to request new RFP’s or pursue any other means for obtaining the desired services; to waive any informalities or minor irregularities in the Proposals, and other inconsequential deviations from the RFP’s requirements. The Board of Port Commissioners retains the right to award this project in part or in total to the consultant(s) of its choice, and to decide to undertake the project or to terminate the project at any time prior to approval of a formal contract.
F. Conflicts of Interest: By submitting a proposal, the Respondent represents that it is familiar with Section 1090 and Section 87100 et seq. of the Government Code of the State of California, and that it does not know of any facts that constitute a violation of said sections in connection with its proposal. Respondent represents that its Proposal has completely disclosed to the Port all facts bearing upon any possible interests, direct or indirect, which Respondent believes any member of the Port, or other officer, agent or employee of the Port or any department presently has, or will have, in this Agreement, or in the performance thereof, or in any portion of the profits thereunder. Willful failure to make such disclosure, if any, shall constitute grounds for rejection of the proposals or termination of any Agreement by the Port for cause. Respondent agrees that if it enters into a contract with the Port, it will comply with all applicable conflict of interest codes adopted by the City of Oakland and Port of Oakland and their reporting requirements.
Respondents should note Attachment III, Section 20 (Covenant Against Contingent Fees) and that if Respondent is selected, it will be required to execute a contract containing those provisions.
6. PROPOSAL FORMAT AND CONTENTS To be considered responsive to the Port’s Request for Proposals, all interested respondents must submit the following information noted below. Proposals should be arranged in the order listed below and limited to the number of pages indicated.
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Copies of the Cost Proposal should be submitted in a separate envelope labeled with your company name followed by the title “Website Modernization Cost Proposal” within your proposal packet. Submissions In Electronic and Hard Copy Format: All Proposals must be submitted both electronically on CD ROM disk (in Adobe Portable Document Format, PDF) and typewritten “hard copy” format (minimum of 8 copies). Submission by facsimile, by electronic mail, or by any form of communication including through the Port’s website, will not be accepted. The Proposals, including all graphs and charts, with no exceptions, shall be neatly typed or printed on 8-1/2 x 11 inch paper in at least an 11pt. font size or larger. Proposals shall include a table of contents listing all sections, figures, and tables and their corresponding page numbers. Incomplete proposals or proposals that do not follow the instructions may be considered non-responsive and rated accordingly. A. PROPOSER INTRODUCTION/SUMMARY All proposals shall follow the outline format below, contain no more than five (5) pages (for this section), and contain at least the information set forth below: 1. A letter introducing the firm and including the name, address and telephone number
of corporate headquarters (and local office, if applicable). 2. The name of the individual who will be the primary contact with the Port must be set
forth. 3. A detailed index of the contents of the proposal. 4. A summary of the proposed scope of work, in narrative format, as perceived by the
consultant team’s review of this request for proposals, and how the firm intends to address the anticipated scope of services. This section should include a description of the project issue and objectives as viewed by the consultant, and may include any exhibits or documentation deemed essential.
B. PROPOSER’S BUSINESS QUALIFICATIONS AND PROJECT APPROACH All proposals shall follow the format below, and contain no more than 10 pages (resumes do not count toward the 10 page limit) for all of section B.
Company Profile: Please provide all of the following information about your company:: 1. Number of years in business. Year established (include former firm names and
year each applied). Identify the country and state in which the firm was incorporated or otherwise organized.
2. Primary and secondary business and core competencies. 3. Type of ownership and parent company and subsidiaries, if any. Include dates of
any corporate mergers and/or acquisitions, including all present and former subsidiaries with dates of any and all re-structuring since the founding date.
4. Company name, street address, mailing address, email address, and telephone and facsimile numbers.
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5. Hours of operation 6. Total number of full-time employees. 7. Address and telephone number of production facility(ies) where any of the work
is to be accomplished (if different than above). 8. If the Proposal is submitted by a partnership and/or joint venture, provide full
information concerning the nature and structure of the partnership and/or joint venture, including:
• Entity(ies) that will be guaranteeing contract performance • Date of joint venture or partnership • Does the agreement between members comprising the joint venture
make each jointly and severally liable for contractual obligations of this project?
• Note - Respondents that plan to use subcontractors to meet LIA/LBA requirements need to declare so on the Attachment II forms.
9. A history of the firm’s experience providing branding services, website design,
and maintenance services to private developers and public agency organizations.
Personnel: 1. A description of the firm’s organizational structure, including a copy of your firm’s
organizational chart. 2. What type of team will be assigned to this project? Provide resumes of the
principals, project manager(s) and professional staff who would work directly with the Port. What will each person’s role be?
3. Briefly describe your firm’s organizational capacity to produce the Port’s website (e.g. staff, equipment, software, physical space, office location, etc.).
4. Briefly describe the percentage of your web staff that would end up working on this project relative to your entire staff (using full time equivalents). For example, if you would use five (5) staff on the project, and you have ten (10) web designers and developers, the percentage would be 50%.
Experience: 1. Provide samples of up to five (5) major projects that the firm has completed in the
areas of website design and maintenance services that best reflect your work and relevancy to this project. Include the client, the website URL, description of the nature of the work, the size and complexity of the project (only sites that are live will qualify for evaluation). Also, include the name of a contact person who was responsible for on-site project management and is able to provide a reference.
2. Describe your experience in producing sites for public agency projects. 3. Percent of total revenue derived from site developments and other business
ventures. 4. Discuss/describe your experience in building corporate identities and shaping
brands. 5. Explain your service level agreement (SLA) structure.
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6. Timeframe for completion. The timeframe for completion of the project will be evaluated. In addition, timeframes will be part of the contractual agreement; therefore, a realistic timeframe for completion is requested.
Approach: 1. Briefly describe your firm’s project management process. 2. Provide a statement explaining the firm’s approach to marketing/branding
services, website design, hosting and maintenance services, web application development, including methods, analytical techniques, or models, etc. that would be employed.
3. This process is to include input from program and business unit areas. State how you intend to communicate with all program areas to gather the required information.
4. An implementation plan for the proposed system and/or services that describes: a. the methods, including controls, by which the Respondent manages
projects of the type sought by this RFP; b. where software is to be developed, customized, and/or implemented as
part of the project, the respondent’s software development and implementation methodology, including, but not limited to, version control, error correction, pre-delivery testing and de-bugging procedures, and post-installation testing; and
c. any other project management or implementation strategies or techniques
that the Respondent intends to employ in carrying out the work. C. PROPOSER’S TECHNICAL AND APPLICATION QUALIFICATIONS All proposals shall follow the format below, and contain no more than 20 pages for all of section C. 1. Describe your content interface design features and options for integrating
graphics/artwork, logos, and/or departmental designations. Example of features to include: content expiration capability and archival functionality. Single source posting of content to multiple pages.
2. Discuss any hardware/software vendor partnerships. 3. Discuss your experience with hosting websites:
a. Network architecture and design services b. Telecommunications provisioning and services c. Network monitoring and management services d. Software hosting services
4. Discuss your experience with web design and management. Be sure to include information on: a. content management tools b. interactive forms c. audio/video content management and presentation tools d. experience in displaying real-time content
5. Discuss your experience with application development and management. Be sure to include information on: a. dashboards b. calendar applications
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c. integration with web cams 6. Describe what development methodologies you use. 7. Describe your approach to managing version control. 8. Discuss your approach and experience to website security and encryption. 9. Discuss your approach to site business continuity and disaster recovery
management. 10. Discuss your experience with portal development and use of secure login pages. 11. Discuss your experience or approach to transferring/porting of content from old sites
to new sites. 12. Discuss your experience with integrating pages or content to 3rd party providers or
services. 13. Discuss your approach to Listserv or subscription based communication functionality. 14. Discuss your testing and support plan. 15. Discuss your experience with designing and supporting a site that requires multi-
language content. 16. Discuss site availability and maintenance plan for your existing customer web sites. D. COMPLIANCE WITH PORT POLICY REQUIREMENTS:
1. Non-Discrimination and Small/Local Business Utilization Policy Submit all documentation requested in Attachment II, Non-Discrimination and Small/Local Business Policy.
2. Exceptions to Port’s Standard Professional Services Agreement Submission of a
proposal will confirm that the Proposer fully understands the provisions of the Sample Professional Services Agreement included herein as Attachment III to this Request for Proposals. To the extent that the Proposer takes exception to any part of the Professional Services Agreement, all such objections shall be stated in the Proposal, specifically identifying the objectionable section, and including any of the Proposer’s proposed amendments to the Professional Services Agreement. The Port will consider the scope of these modifications in its determination of the responsibility and experience of the Proposer.
3. Conflict of Interest, Pending Litigation or Removal from Position Describe any
arrangements, formal or informal, that the firm has with any party that might interfere with the firm’s ability to provide services under this RFP. Describe any litigation, administrative proceeding, or investigation (actual or pending) in which the firm is involved or to which it is subject that might have an adverse effect on its ability to fulfill its engagements under this RFP. Indicate if your firm has been removed by any organization during the last five (5) years, and explain the reasons for that action.
4. Capacity to Provide the Requested Insurance Submit a written statement
indicating that Proposer can secure the levels of insurance described in Attachment IV.
5. Living Wage Requirements Submit a written statement indicating that Proposer
has reviewed the Living Wage Requirements, included herein as Attachment I to this Request for Proposals, and that Proposer will comply with said requirements.
Upon execution of an Agreement, the selected consultant will be required to complete the attached Employer Self-Evaluation Form and Certificate of
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Compliance (Attachment I of this RFP) and submit them to the Social Responsibility Division (SRD).
6. Non-Collusion Affidavit: Submit a signed and properly executed copy of the Non-
Collusion Affidavit included herein as Attachment VI to this Request for Proposals.
E. COST PROPOSAL:
Copies of the cost proposal should be submitted in a sealed envelope separate from the other artifacts of your response. Please label your envelope with your company name, followed by the title “Website Modernization Cost Proposal”. 1. See Attachment VII for cost worksheets. 2. All cost data should be captured within the worksheets. 3. Examples of the major components requested within the worksheets:
a. A not-to-exceed cost for the Project. This figure should include all costs
(fees, insurance, labor, materials, etc.) b. Staff-hour allocation and the dollar value of the time for the Scope of
Work for each staff member. The estimate shall identify the labor categories, level of effort (hours), and hourly rates.
c. An hourly rate fee schedule for all personnel assigned to the project. d. All anticipated expense items examples:
Mileage and travel expense rates. Mark-up rate for parts and materials. Express the cost multiplier
as a percentage. Mark-up rate for specialized or sub-contracted equipment, if
needed. Branding/Marketing Services
Design/Development • Requirements Gathering • Graphical Design • Coding • Testing • Migration to new design • Training (if any) • Implementation
Hosting • Server needs • Licensing • Maintenance (Annual) • Conversion to new network • Bandwidth
e. The firm’s expectations for annual percentage increases in the above rates.
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Proposer shall submit the following financial information:
A copy of the most recent Form 10-K filed by the Respondent with the U.S. Securities and Exchange Commission, and copies of all Form 8-Ks filed since the filing of the most recent 10-K. If a Form 10-K is not filed with the SEC, submit the following: • certified audited financial statements for the past three fiscal years including,
at a minimum, income statements, balance sheets and statements of changes in financial position; if fewer than three years of financial statements are available, this information should be provided to the fullest extent possible;
• copies of the latest quarterly financial reports; • a copy of the Respondent’s most recent annual report.
Please Note: Except as otherwise required by law, the Port will not disclose confidential financial information submitted in response to the Request for Proposal. Any such proprietary financial information, which a Proposer believes should be exempted from disclosure, must be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections shall not be permitted and shall be invalid. The specific information must be clearly identified as such.
Any other information not specifically itemized above that it believes to be demonstrative of its financial capacity.
G. APPENDICES
I. Any other information that will assist the Port in making its selection (no more than five (5) pages).
7. PROPOSAL SUBMITTAL DEADLINE AND REQUIREMENTS A. Proposal Due Date
All items requested above shall be tabbed and bound on 8.5 x 11 paper, font size greater than or equal to 11 points, and must be received by the Port (postmarks not acceptable) no later than 3:00 P.M. on Thursday April 10, 2008. Facsimile submittal of proposals will not be accepted. Proposals not received by this date and time will be rejected. Eight (8) bound copies and one (1) CD of the proposal shall be hand-delivered to:
PROPOSAL FOR WEB MODERNIZATION c/o Renu Bhatia 2nd Floor, Engineering Services Counter Port of Oakland 530 Water Street Oakland, California
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B. Term of Proposal
Submission of a proposal signifies that the proposed services and prices are valid for 90 calendar days from the proposal due date, and that the quoted prices are genuine and not the result of collusion or any other anti-competitive activity.
C. Revision of Proposal
A firm that has submitted a proposal prior to the proposal submittal deadline may revise its proposal on the firm’s own initiative at any time prior to said deadline. The revised proposal must be submitted in the same manner as the original, and must be received on or before the proposal submittal deadline. If a revised submittal is received, the original submittal will be returned to the Proposer unopened.
D. Errors and Omissions in Proposal
Failure by the Port to object to an error, omission, or deviation in the proposal will in no way modify the RFP or excuse the firm from full compliance with the specifications of the RFP or any contract awarded pursuant to the RFP.
8. SELECTION AND EVALUATION PROCESS Selection: A selection committee comprised of appropriate Port staff will score and evaluate each proposal for appropriate requirements/qualifications to meet the Port’s Scope of Services as described in Section 3. The highest evaluated Proposer(s) will be invited to discuss their proposal(s) and qualifications with Port staff in an interview/presentation., prior to awarding the contract. The Port of Oakland will make the final selection after the presentations. The Port reserves the right to reject any and all proposals and to negotiate with more than one firm at the same time. Evaluation: In evaluating proposals submitted pursuant to this request, the Port places high value on the following factors, not necessarily in order of importance: • Approaches in methodology with respect to the anticipated scope of services that
demonstrate maximum comprehension of and ability to provide such services to the Port of Oakland.
• Quality, quantity, complexity, and nature of the firm’s experience in providing brand identity/marketing services, website design, and maintenance services to complex organizations, or public agencies.
• Ability, availability, and experience of employees to be assigned to the project. • Knowledge of website design, website hosting and website maintenance services. • Innovative or outstanding work by firm that demonstrates the firm’s unique
qualifications to provide brand identify/marketing services, website design, and maintenance services.
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• Conformity with or exceeding of applicable policies as noted herein, including specific policies relating to nondiscrimination, subcontracting goals, Living Wage, LIA/LBA, etc.
• Responses to interview questions/discussion if Proposer is invited to present. • Projected cost of services. • Proposed timeline. 9. SCHEDULE At this time, the Port anticipates the following schedule (please note that all dates after the proposal due dates are subject to change):
RFP Issued: March 7, 2008
Pre-Proposal Meeting: 10 a.m. March 25, 2008
Proposals Due: 3 p.m. April 10, 2008
Short List of Qualified Respondents: April 24, 2008
Consultant Interviews/Presentations: April 28 - May 2, 2008
Final Selection Completed: May 8, 2008
Board Approval Next Board Meeting after the final selection.
10. CONTACTS Prior to the Proposal due date, all technical, local business area participation, Living Wage policy and insurance questions should be submitted in writing to the following individual:
Name Phone/Fax: E-mail Address:
rbhatia@portoakland.com
All questions and/or clarifications shall be made in writing to the designated representative as listed within this section (Section 10). All questions/clarifications will be responded to via e-mail, and all questions with answers will be issued to all parties to create a level playing field. Any deviation from this process, including direct contact with the client or other parties within the organization, will result in disqualification from the RFP process. Proposers are advised that questions received less than seven (7) calendar days prior to the Proposal due date may not be answered. After the Proposal due date, all questions should be submitted in writing to the following individual:
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glythcott@portoakland.com
11. EXPENSES All costs and expenses associated with the preparation of the Prosposal are the sole responsibility of the Proposer, including but not limited to cost of delivery, express, partial post, packing, cartage, insurance, license fees, permits and bonds. 12. CONSENT TO PROCEDURE The Port has devoted and will continue to devote significant time and other resources to developing and implementing its RFP process. The Port desires to receive all questions and objections to the RFP procedures as soon as possible, so they can be addressed to the extent the Port believes appropriate. By submitting a Proposal, each Proposer represents and warrants to the Port that, except for any protest timely submitted by it pursuant to Section 13 below. It has no questions regarding any of the Port’s RFP procedures, processes or requirements herein and does not object to any aspect of the RFP process. 13. EXCLUSIVE DISPUTE PROCEDURES Any objection or protest must be submitted to the Port in writing, addressed and delivered to the Director of Information and Technology, 530, Water Street, 4th Floor, Oakland, California 94607 on or before seven (7) business days prior to the due date of the RFP response. Any Proposer desiring to make any protest relating to any aspect of the RFP must do so by including a detailed statement indicating all protested matters and the reasons for such protest. Failure to submit a protest by the deadline set forth above constitutes Proposer’s irrevocable consent to the RFP procedures described herein and a waiver of Proposer’s protest rights. Proposer may not rely on a protest submitted by another Proposer. Any protest shall be resolved by the Port’s Executive Director, and such resolution shall be final. 14. LIST OF ATTACHMENTS
I. Port of Oakland Living Wage Requirements
i. Employer Self Evaluation Form ii. Certificate of Compliance
II. Non-Discrimination and Small/Local Business Utilization Policy
i. Progress Payment Record for Consultants ii. Chart for Submitting Data for Calculation of Preference Points iii. Local Community Participation Questionnaire
III. Sample of Professional Services Agreement
IV. Insurance Requirements
VI. Non-Collusion Affidavit
VII. Cost Worksheets
Employer Self-Evaluation Form
Certificate of Compliance
PORT OF OAKLAND
CERTIFICATE OF COMPLIANCE – LIVING WAGE The City of Oakland Living Wage Charter §728 ("§728") and Port Ordinance No. 3666 (“Ordinance 3666”) as amended, provide that certain employers that enter into a contract, lease, license (or a subcontract, sublease, sublicense, or other agreement) with the Port for $50,000 or more over the term of the contract and certain recipients of Port financial assistance for $50,000 or more shall pay a prescribed minimum level of compensation to their covered employees (“Employees”). The undersigned (“Contractor”) submits this certificate under penalty of perjury and as a condition of
payment of its invoice(s) for service provided under the _________________ agreement between the Port and Contractor. 1) Contractor hereby certifies that it is in compliance with §728 and Ordinance 3666 with respect to
all non-exempt Employees of Contractor engaged in Port-related employment or work on Port property.
2) Contractor herby acknowledges that the Port is relying on Contractor’s certification of compliance with §728 and Ordinance 3666 as a condition of payment of Contractor’s invoice(s).
3) Contractor understands that it may be subject to fines or penalties for noncompliance with §728 and Ordinance 3666 up to and including potential fines of $500 per day until Contractor complies.
4) Contractor hereby certifies that claims, records and statements relating to Contractor’s compliance with §728 and Ordinance 3666 are true and accurate, that such claims, records and statements are made with the knowledge that the Port will rely on such claims, records and statements, and that such claims, records and statements are submitted to the Port for the express benefit of Contractor’s employees engaged in Port-related employment or work on Port property.
Please check the appropriate box and sign below
Contractor hereby certifies its compliance with all of its obligations under §728 and Ordinance 3666;
or Contractor hereby certifies that all Employees of Contractor working under Contractor’s contract with the Port are compensated at wage rate(s) greater than $12.00 per hour;
or Contractor hereby certifies that it is not currently covered by §728 or Ordinance 3666. Contractor further certifies that should §728 or Ordinance 3666 become applicable, Contractor will comply with all of its Living Wage obligations.
All terms used herein and not defined shall have the meaning ascribed to such terms in §728.
The undersigned authorized representative of Contractor hereby signs this Certificate under penalty of perjury. Company Name Signature of Authorized Representative Address Type or Print Name Area Code/Phone Date Type or Print Title
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COVERED BUSINESS CHECKLIST WRITE YES/NO ANSWERS IN APPROPRIATE BOX:
1. Is the Business entering into a contract, tenancy agreement or subordinate agreement
(such as, subcontract, sub-tenancy, or sublicense) with the Port? If no, go on to question 2. If yes, go on to question 3.
2. Has the Business amended an existing contract, tenancy agreement or subordinate
agreement at any time since April 2002? If no to 1 and 2, stop here the business is not covered. If yes, go on to question 3.
3. Is the contract with Aviation or Maritime divisions for a value of greater than $50,000
over the life of the contract (over next five years if contract is for less than a year and expected to be renewed or extended)? If no, stop here, the contract is not covered. If yes, go on to question 4.
4. Is the contract for service other than the delivery of products, equipment or
commodities? If no, stop here the business is not covered. If yes, go on to question 5 5. Does the Business employ more than 20 employees who spend at least 10 hours per
week (4 hours per week if part time employees) working under the contract with the Port or on Port property? Indicate the number of employees that are employed by the Contractor_________. If no, stop here the business is not covered. If yes, go on to question 6. Exemptions for specified employees of a covered employer
All employees of a covered employer are required to be provided compensation and other benefits as provided under §728 of the Charter, except for specified employees exempt under the following exemptions. The following questions should be answered for each employee.
6. Does the employee work less than 25% of his/her time (10 hours per week for full time employee) under the contract with the Port? If yes, stop here the specified employee is exempt. If no, go to question 7.
7. Is the employee under 21 years of age, employed by a government agency or nonprofit for after school or summer employment, or as a trainee for 90 days or less? If yes, stop here the specified employee is exempt. If no, go to question 8.
8. Has the Business obtained a waiver that covers the employee? If yes, stop here the specified employee is exempt. If no, go to question 9.
9. Is the employee participating in a bona-fide temporary job-training program in which a significant part of the compensation consists of acquiring specialized
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knowledge, abilities or skills in a recognized trade? If yes, stop here the specified employee is exempt. If no, go to question 10.
10. Is the employee a volunteer who is not compensated other than for incidental expenses or stipends? If yes, stop here the specified employee is exempt. If no, go to question 11.
11. Is the employee working for the Business less than 20 hours per week for a period of 6 months or less? If yes, stop here the specified employee is exempt. If no, go to question 12.
12. Of the remaining employees (employees for which no exemption applies as indicated by your answers to questions 6 through 11), are there 20 or fewer non- exempt employees working for the employer under the Port Contract? If yes, stop here each of the remaining specified employee(s) is/are exempt. If no, each of the remaining specified employee(s) is covered by §728.
The undersigned authorized representative of Contractor hereby certifies under penalty of perjury that all of the information on this form is true and accurate.
Company Name Signature of Authorized Representative Address Type or Print Name Area Code/Phone Date Type or Print Title Name of Primary Contact
Submit Completed Checklist to: JoAnn Yoshioka Port of Oakland Social Responsibility Division 530 Water Street Oakland, CA 94607
Phone: (510) 627-1183
Fax: (510) 627-1850
PORT OF OAKLAND
City of Oakland City Charter §728 Living Wage Compliance Checklist for Covered Employers EMPLOYERS SUBJECT TO §728 OF THE CITY CHARTER MUST COMPLY WITH THE FOLLOWING REQUIREMENTS:
1) Pay all non-exempt employees the living wage rates. (As of July 1, 2007, $11.95 without health benefits or $10.39, with health benefits). Port Ordinance No. 3666, as amended also requires that covered businesses provide employees at least twelve compensated days off per year, including holidays.
2) Pay at least $1.56 per hour worked toward the provision of health care benefits for employees and/or their dependents, if the employer claims credit for health benefits.
3) Provide written notification to each current and new employee, at time of hire, of his or her rights to receive the benefits under the provisions of these regulations. The notification shall be provided in English, Spanish and other languages spoken by a significant number of the employees, and shall be posted prominently in communal areas at the work site. A copy of said notification is available from the Port Division of Social Responsibility.
4) Provide all employees earning less than $12/hour notification in English, Spanish, and any other language spoken by a significant number of employees of their right to advance Earned Income Credit payments.
5) Maintain a list of the name, address, date of hire, occupation classification, rate of pay, benefits paid for each of its employees and, compensated time off and submit this list to the Port’s Social Responsibility Division, attention - Jo Ann Yoshioka, Living Wage Compliance Officer, by March 31, June 30, September 30, and December 31 of each year. If a covered employer has obtained a waiver from the Port Board of Directors, then the employer must still submit an annual payroll report covering each of its employees by December 31 of each year. Failure to provide the list within five days of the due date will result in a penalty of $500 per day. Covered employers shall maintain payrolls and basic records for all employees and shall preserve them for a period of at least three years after the close of the compliance period.
6) Require subcontractors, tenants and subtenants, or licensees who are covered by these requirements to comply with the provisions of these regulations. Covered employers shall be responsible for including language committing the subcontractor's, tenant’s or licensee’s agreement to comply, in the contract with the subcontractor. Covered employers shall submit a copy of such subcontracts or other such agreements to the Port Division of Social Responsibility.
7) Permit authorized Port representatives access to work sites and, with employee consent, relevant payroll records for the purpose of monitoring compliance with these regulations, investigating employee complaints of non-compliance and evaluating the operation and effects of these regulations, including the production for inspection and copying of its payroll records for any or all of its employees for the applicable compliance period. Permit a representative of the labor organizations in its industry to have access to its workforce at the Port during non-working time and in non-work areas to ensure compliance.
Employers who fail to submit documents, declarations or information required to demonstrate compliance with these regulations shall be deemed noncompliant or not responsive and subject to the remedies as set forth in §728.
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Progress Payment Record for Consultants
Chart for Submitting Data for Calculation of preference points
Local Participation Questionnaire
NON-DISCRIMINATION AND SMALL/LOCAL BUSINESS UTILIZATION POLICY
Non-Discrimination: Port policy prohibits discrimination or preferential treatment because of race, color, religion, sex, national origin, ancestry, age (over 40), physical or mental disability, cancer-related medical condition, a known genetic pre-disposition to a disease or disorder, veteran status, marital status, or sexual orientation. Local Business Utilization: On October 7, 1997, the Board of Port Commissioners initiated a formal policy to encourage full participation of firms from its Local Business Area, the counties of Alameda and Contra Costa (“LBA”), particularly those in its Local Impact Area (“LIA”), in its work. The LIA includes the cities of Oakland, Alameda, Emeryville and San Leandro. The Port will also take into consideration what efforts the prime and subconsultants make to assist in the community, e.g., assigning meaningful work to small and/or very small local subconsultants, participation in job/trade fairs, hiring interns, pro bono work, working with local schools, etc. In evaluating proposals, up to 85 points will be allocated for technical excellence and 15 points for local and small local participation as follows:
• Up to 5 points will be credited proportionately (counting the whole team, prime and
subs) for LIABE certified firms, and 2.5 for LBABE certified firms. Note: LIABE/LBABE credit is given only for certified firms which have had established active offices in the respective area for at least a year at the time of proposal due date, NOT for outside firms which plan to do the project work at a LIA/LBA office;
• Up to 3 points for an LIABE certified prime (proportionate to the share of prime work
in the case of a joint venture) and 1.5 points for an LBABE certified prime;
• Up to 4 points will be credited proportionately (counting the whole team, prime and subs) for VSBE certified firms, and 2 points for SBE certified firms; and
• Up to 3 points for commitment to the Port’s values and programs, e.g., mentoring
small and/or very small local businesses and providing meaningful work for small and/or very small local subconsultants; utilization of college and high school interns from the LIA; participation in job fairs and trade fairs targeted to LIA residents and businesses; and other work showing the consultant’s efforts to contribute to the economic development of the LIA.
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In summary, please submit the following attachments in each copy of your proposal:
• Attachment II-2, Chart for Submitting Data for Calculation of Preference Points. List the team members’ (prime and subs) names, roles, location and LIABE/LBABE/SBE/VSBE status in the format shown in Attachment II. Be specific as to the nature and estimated percentage of the work to be performed by the prime, any joint venture partners and/or subconsultants.
• Attachment II-3, Local Community Participation Questionnaire, for each
subconsulting firm or individual, as well as for the prime consultant.
Any proposal that fails to complete and submit the above two items (Prime and subconsultants) will not be considered. For firms headquartered outside the LIA/LBA, who wish to obtain credit for local offices, the Port will only telephone or address mail to that office and expect personnel assigned to the project to do the work out of the local office.
NOTE: Attachment II-1, Progress Payment Record for Consultants, is provided for information only, and should not be submitted at this time. When submitting invoices for payment, the successful consultant will be required to submit the information included, but not limited to the data contained in Attachment II-1 via the Port’s Web Accessed Monitoring System (WAMS).
Web Accessed Monitoring System (WAMS) - Contract awardees for Port professional services projects will be required to utilize WAMS to satisfy certain reporting requirements (including business utilization and where applicable, prevailing wages and construction workforce. Proposers should not include those costs associated with accessing the system for services deemed “professional” as those costs will be absorbed by the Port. It will be the responsibility of the proposer to contact Elation Systems, Inc., 155 Filbert St, Suite 249, Oakland, CA 94607, 510-764-1870, support@elationsystems.com, prior to proposal submittal for cost and then prior to commence of work, for access to WAMS. Prevailing Wage - To the extent that the scope of services delivered under the contract includes work falling within the Labor Code definition of “public works” consultant and subconsultants performing public works will be required to pay prevailing wages. State prevailing wage is specified and updated by the Division of Labor Statistics and Research, Prevailing Wage Unit, (415) 972-8628. It is also available on the internet: http://www.dir.ca.gov. Consultant and subconsultants must submit complete certified weekly payroll records for all workers covered under these contract provisions. Such payroll records shall be submitted via WAMS. In the event that the consultant or any of its subconsultants does not work in a reporting period, a statement, “Statement of Non- Performance,” to such effect shall be submitted as part of the payroll reports. In case the consultant and subconsultants shall fail to submit the weekly payroll records within one (1) week after a subject payroll date, the partial, monthly or final payments, will not be given to the consultant until such required reports are received.
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If the consultant’s failure to submit complete or timely payroll records for the work performed, then the consultant may submit a statement with his payroll report form that he has been unable to secure the payroll data from that subconsultant, and shall indicate the delinquent subconsultant. If the subconsultant has not submitted the missing payroll records by the time the Port Project Manager prepares the next partial or monthly estimate of work done, the Port Project Manager will deduct from that estimate and withhold payment to the consultant of twice the value of all work done by the delinquent subconsultant since the last preceding estimate was prepared. Such value shall be determined by the Port Project Manager. Payments will be made to the consultant for the full amount of any payments withheld as soon as practicable after the subconsultant submits the missing payroll records for the work and periods involved. Certification - To obtain credit for these factors and for any preference points on this RFP, consultants must submit in their bid, A letter from the City of Oakland confirming current Local Business Enterprise (LBE) or Small Local Business Enterprise (SLBE)1 status of the prime or any subconsultant seeking local and/or small business credit. Firms certified by the Port of Oakland do not need to submit proof of certification with their bid. Consultants or any team members wishing to be certified by the Port must submit a Certification Application, with all supporting documentation ten (10) business days prior to proposal due date. The questionnaire and checklist of necessary supporting documents for certification can be obtained via the Port’s website, http://www.portofoakland.com/srd/certifie.asp,. Note: LIABE/LBABE credit is given only for certified firms which have had established active offices in the respective area for at least a year at the time of proposal due date, NOT for outside firms which plan to do the project work at a LIA/LBA office. For questions or assistance regarding this section, contact Renu Bhatia, (510) 627-1404, rbhatia@portoakland.com
1 SBE/VSBE acceptance based on verified gross receipts
PROGRESS PAYMENT RECORD FOR CONSULTANTS Contract Payment No. ____
Project: Port Project No.: Prime Consultant: Port’s Contract Administrator: Phone: Original Contract Authorization Amount: _________________ Fax: Change Orders to Date:
Total Contract Authorization: NOTE: Amount of Current Invoice: For access into WAMS: Contact: Elation Systems Total Invoiced to Date: 510-764-1870 support@elationsystems.com Total Paid to Date: Please list amounts billed from and paid to each member firm of the team. For prime or JV partners or associates, list separately and include only the share due each of these firms. If annual/on-call project, please specify for each individual TSO/WA.
Each Firm’s Invoiced Date
Consultant or other service provider, including prime, JV partners or
subconsultants
including change orders
Total paid to each firm to date
Under penalty of perjury the undersigned agrees that the foregoing information is true and correct. Signed: Title: Date:_________
Please check Appropriate Boxes
Type of Consultant Contract Regular - Technical Service Order (TSO) TSO Number:____________ Annual./On-Call - Work Authorization (WA) WA Number: _____________
ATTACHMENT II-1
Company Nature of
SBE/VSBE Certification Status
RFP FOR WEB MOD
LOCAL PARTICIPATION QUESTIONNAIRE
(Use additional paper if necessary) 1. Is the consultant or large subconsultant partnering (joint venture, association
or other business alliance) with a small and/or very small local firm for this project? Yes___ No___ If the response is “yes”, how will the consultant mentor or provide a professionally meaningful share of the project for small and/or very small LIA firms on this project? Please be specific as to the nature of the relationship and the persons responsible for implementing it.
2. Does your company regularly use local students as interns in your work?
Yes___ No___ If so, please state from what schools or from what programs the interns are obtained and the type of work performed by them and any other details that might be relevant.
3. Will your company use local college or high school interns in this project? Yes___ No___ If the response is “yes,” please be specific as to the number of interns planned and the type of work to be assigned to them.
4. Have your company participated in other community projects, e.g., job fairs targeted to local neighborhoods, youth or school programs, community rehabilitation groups, etc. within the last 3 years? Yes__ No___ If so, please give details:
ATTACHMENT II-3
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RFP FOR WEB MOD
Date: 3/7/2008 CONTRACT NAME:_____ ____________________________________________________________ PROJECT:__________________________________________________________________________ 1. Comprehensive or Commercial General Liability insuring Bodily Injury and Property Damage
Liability, including: X Premises and Operations X Blanket Contractual X Product Liability including Completed Operations X Broad Form Property Damage X Personal Injury X Independent Contractor’s Coverage X Owned, Non-owned and Hired Automobile Liability ($5,000,000 Limit if operating on AOA) With such coverage and limits as may be reasonably requested by the Port from time to time, but in no event for less than the sum of One Million Dollars ($1,000,000.00) per occurrence limit. X One Million And 00/100 ($1,000,000.00) ______ Five Million And 00/100 ($5,000,000.00) ______ Other: _____________________________ 2. Consultant shall also provide to the Port evidence of: X Statutory Workers’ Compensation coverage under California law. X Employer’s Liability coverage for no less than One Hundred Thousand Dollars ($100,000) ______ Endorsements evidencing Longshoreman and Harbor Workers’ coverage and Jones Act
coverage (if applicable). X Subrogation Waiver. 3. Professional Liability Insurance: X Consultant shall obtain, at no expense to the Port, Professional Liability insurance for no less than the sum of $1,000,000 ______ In the event that the Consultant is able to obtain, at no expense to the Port, Professional Liability insurance
for whatever limit is available, the Port will be provided with evidence of such coverage. Evidence must show these endorsements are on all policies: ___X__Port of Oakland, it’s Board of Port Commissioners, Officers, Agents and Employees as Additional Insured BY
SIGNED ENDORSEMENT TO THE GENERAL LIABILITY POLICY. ____X__30-day advance Notice of Cancellation ____X__Cross-Liability (Severability of Interest) Clause. ____X__Coverage is Primary & Non-Contributory. ____X__Deductibles or Self-Insured Retentions Over $10,000.00 Must be Approved by Risk Manager. Written binders are acceptable as interim evidence. Operations or occupancy may be interrupted without proper evidence. Send certificates to: Port of Oakland Attn: Risk Management Department 530 Water Street Oakland, CA 94607 Fax #: 510-627-1626 For further information call (510) 627-1532. By: _Sharon Caplan, Sr. Risk Management Analyst cc: _______________________________________ Insurance Requirements SAC 3/2005
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RFP FOR WEB MOD
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RFP FOR WEB MOD
Technology Highlights About The Port Desktop Hardware/Software Approximately 600 workstations (primarily DELL) distributed throughout the Port Operating System: MS Windows XP Office Software: Microsoft Office 2003 Browser Software: Internet Explorer 6 E-mail Systems: GroupWise Email 6.5 Virus Protection: Sophos Network Topology: 100BaseT Ethernet, 3 — T1 lines to Internet Internet: www.portofoakland.com, www.oaklandairport.com are hosted externally Intranet: IIS 5 and MS FrontPage Database Mix of MS SQL and MS Access Current Space usage: www.portofoakland.com - approx. 2 GB www.oaklandairport.com – approx. 2.5 GB Intranet – approx. 2GB
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PORT OF OAKLAND
NON COLLUSION AFFIDAVIT NON COLLUSION AFFIDAVIT TO BE EXECUTED BY THE PROPOSER
AND SUBMITTED WITH PROPOSAL STATE OF CALIFORNIA ) ) ss. COUNTY OF _____________ ) , being first duly sworn, deposes and says that he or she is of , the party submitting the foregoing proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposal; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the proposal price of the Proposal or any other proposer, or to fix any overhead, profit or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the City of Oakland, a municipal corporation, acting by and through its Board of Port Commissioners, or anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that Proposer has not, directly or indirectly, submitted its proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Executed under penalty of perjury under the laws of the State of California. ___________________________________________ (Name of Firm) ___________________________________________ (Signature of Principal) Subscribed and sworn before me this day of , 200__ Notary Public of the State of ________________________ (Seal) In and for the County of____________________________ My Commission expires____________________________ (If Proposer is a partnership or joint venture, this affidavit must be signed and
sworn to by every member of the partnership or venture.)
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RFP FOR WEB MOD
(If Proposer [including any partner or venturer of a partnership or joint venture Proposer] is a corporation, this affidavit must be signed by the Chairman, President or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer.)
(If Proposer's affidavit on this form is made outside the State of California, the
official position of the person taking such affidavit shall be certified according to law.)
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RFP FOR WEB MOD
2. Term. .................................................................................................................................................... 1
4. Subconsultants..................................................................................................................................... 1
6. Notices. ................................................................................................................................................. 2
7. Insurance. ............................................................................................................................................ 2
10. Suspension and Termination of Services. ..................................................................................... 4
11. Ownership of Work Product.......................................................................................................... 4
17. Entire Contract. .............................................................................................................................. 6
18. No Waiver. ....................................................................................................................................... 6
21. Severability. ..................................................................................................................................... 7
23. Agent for Service of Process........................................................................................................... 8
«ConsultantnaMe» («ScopeofWork»)
THIS CONTRACT FOR PROFESSIONAL SERVICES (“Contract”) is entered into on «EffectiveDate» , between the City of Oakland, a municipal corporation, acting by and through its Board of Port Commissioners (“Port”), and «ConsultantnaMe» (“Consultant”), identified on Appendix D, who agree as follows: 1. SCOPE OF PROFESSIONAL SERVICES.
The Consultant shall perform all services described in Appendix A (“Services”), for the compensation set
forth in Appendix B (“Payment”), which appendixes are attached and made a part of this Contract.
2. TERM. This Contract shall become effective upon its execution by Consultant and by Port (including approval by
the Port Attorney). All Services whenever performed shall be deemed performed under this Contract, and all compensation paid to Consultant on account of the Services performed shall be deemed as payments of the Compensation. 3. STANDARD OF PERFORMANCE.
Consultant represents that it possesses all necessary training, licenses and permits to perform the Services,
and that its performance of the Services will conform to the standard of practice of a professional that specializes in performing professional services of like nature and complexity of the Services.
4. SUBCONSULTANTS.
Consultant shall perform the Services using the persons and subconsultants listed in Appendix A.
Consultant shall hire only qualified persons or firms who are experienced in performing work of like nature and complexity to the Services, and who agree to be bound to the terms of the Contract to the extent of this scope of services. Consultant may substitute personnel or subconsultants prior to any such subconsultants commencing work only upon the Project Manager’s written consent, which may be withheld or delayed in Port’s discretion. 5. INDEMNIFICATION AND LIABILITY.
5.1 To the fullest extent permitted by law (including, without limitation, California Civil Code Section
2782), Consultant shall defend (with legal counsel chosen or approved by the Port Attorney), indemnify and hold harmless Port and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Consultant or its Subconsultants), expense and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) the Services under this Agreement, or any part thereof, or (2) any negligent act or omission of Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee, but shall apply «ConsultantnaMe» Revised: 7/19/06
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to all other Liabilities. 5.2 Consultant shall defend (with legal counsel chosen or approved by the Port Attorney), indemnify and hold harmless the Indemnitees from all loss, cost, damage, expense, liability or claims, in law or in equity, including attorneys’ fees, court costs, litigation expenses and fees of expert consultants or expert witnesses, that may at any time arise for any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person or persons in consequence of the use by Port, or any of the other Indemnitees, of articles or Services to be supplied in the performance of this Agreement. 6. NOTICES.
The Port and Consultant shall provide notices to the other in the form of a writing, sent by facsimile and by U.S. Mail. If to the Port, it shall be addressed to the Project Manager (identified on Appendix E) at:
Port of Oakland 530 Water Street Oakland, CA 94607 or to such other place as the Port may such similar notice in writing designate. If to the Consultant, the same shall be addressed to the individual and address noted on Appendix D hereto or to such other place as the Consultant may by such similar notice in writing designate. 7. INSURANCE.
At its own expense, the Consultant shall maintain in force during the term of this Agreement the liability insurance of the type and in the amount required by Appendix C hereof. The Consultant agrees that the Port shall be named as an additional insured by endorsement under such liability insurance policy or policies. Port will not be named as an additional insured on the professional liability, workers' compensation or employer's liability insurance. Deductibles or self-insured retentions shall not exceed Ten Thousand and 00/100 Dollars ($10,000.00) unless the Port's Risk Manager approves in writing a higher deductible or retention. Such insurance policy or policies must be issued by carriers financially acceptable to the Port. The Consultant's insurance shall be primary insurance as respects to the Port, its officers, officials, employees and agents. Any insurance or self-insurance maintained by the Port shall not be called to contribute in the event of loss. All such policies shall be endorsed with a severability of interest or cross-liability endorsement, reading generally as follows:
Cross-Liability - In the event of one of the assureds incurring liability to any other of the assureds, this policy shall cover the assured against whom claim is or may be made in the same manner as if separate policies had been issued to each assured. Nothing contained herein shall operate to increase underwriters' limit of liability.
An originally executed certificate or certificates, in a form provided by the Port or reasonably satisfactory to the Port, evidencing such insurance coverage shall be filed with the Port's Risk Manager prior to the commencement of the term of this Agreement, and said certificate(s) shall provide that such insurance coverage will not be cancelled or reduced without at least thirty (30) days' prior written notice to the Port's Risk Manager. At the Port's request from time to time the Consultant promptly shall provide to the Port complete copies of liability insurance policies maintained pursuant to this Agreement. At least fifteen (15) days prior to the expiration of any such policy, a certificate showing that such insurance coverage has been renewed or extended shall be filed with the Risk Manager. If such coverage is cancelled or reduced, the Consultant shall, within fifteen (15) days after receipt of written notice from the Port of such cancellation or reduction in coverage but in no event later than the effective date of cancellation or reduction, file with the Port's Risk Manager a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. Upon failure to so file such certificate, the Port may without further notice and at its option either (1) exercise the Port's rights; or (2) procure such insurance coverage at the Consultant's expense and the
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Consultant shall promptly reimburse the Port for such expense. 8. INDEPENDENT CONTRACTOR.
Consultant shall at all times be deemed an independent contractor wholly responsible for the manner in
which it performs the Services, and fully liable for the acts and omissions of its employees, subconsultants and agents. Under no circumstances shall this Contract be construed as creating an employment, agency, joint venture or partnership relationship between Port and Consultant, and no such relationship shall be implied from performance of this Contract. Terms in this Contract referring to direction from Port shall be construed as providing for direction as to policy and the result of services only, and not as to means and methods by which such a result is obtained. Consultant shall pay all taxes (including California sales and use taxes) levied upon this Contract, the transaction, or the Services and/or goods delivered pursuant hereto without additional compensation, regardless of which party has liability for such tax under applicable law, and any deficiency, interest or penalty asserted with respect thereto. Consultant represents that it will collect, report, and pay all sales and or use taxes to the State Board of Equalization. Upon full payment, the Consultant will issue the Port a receipt pursuant to California Revenue and Taxation Code Section 6203, relieving the Port of all liability for any tax relating to the scope of this Agreement. The Consultant shall pay all other taxes including but not limited to any applicable City of Oakland business tax, not explicitly assumed in writing by the Port hereunder. The Consultant shall comply with all valid administrative regulations respecting the assumption of liability for the payment of payroll taxes and contributions as above described and to provide any necessary information with respect thereto to proper authorities. 9. CONFLICT OF INTEREST; CONFIDENTIALITY.
9.1 Consultant represents that it is familiar with Section 1090 and Section 87100 et seq. of the Government Code of the State of California, and that it does not know of any facts that constitute a violation of said sections.
9.2 Consultant represents that it has completely disclosed to Port all facts bearing upon any possible interests, direct or indirect, which Consultant believes any member of Port, or other officer, agent or employee of Port or any department presently has, or will have, in this Agreement, or in the performance thereof, or in any portion of the profits thereunder. Willful failure to make such disclosure, if any, shall constitute ground for termination of this Agreement by Port for cause. Consultant agrees to comply with all conflict of interest codes adopted by the City of Oakland and Port of Oakland and their reporting requirements.
9.3 Consultant covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of Services required under this Agreement. Without limitation, Consultant represents to and agrees with the Port that Consultant has no present, and will have no future, conflict of interest between providing the Port the Services hereunder and any interest Consultant may presently have, or will have in the future, with respect to any other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency) which has any interest adverse or potentially adverse to the Port, as determined in the reasonable judgment of the Port. The provisions of this Section 9 shall remain fully effective indefinitely after termination of Services to the Port hereunder. 9.4 Consultant acknowledges and agrees that, in the performance of the Services under this Agreement or in the contemplation thereof, Consultant may have access to private or confidential information which may be owned or controlled by Port and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to Port. Consultant agrees that all information disclosed by Port to or discovered by Consultant shall be held in strict confidence and used only in performance of the Agreement. Consultant shall exercise the same standard of care to protect such information as a reasonably prudent Consultant would use to protect its own proprietary data, and shall not accept employment adverse to the Port’s interests where such confidential information could be used adversely to the Port’s interests. Consultant agrees to notify the Port immediately in writing if it is requested to disclose any information made known to or discovered by Consultant during the performance of or in connection with this Agreement. 9.5 Any publicity or press releases with respect to the Project or Services shall be under the Port’s sole
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discretion and con