san francisco port commission

REQUEST FOR PROPOSALS

Engineering Design Services

For the Brannan Street Wharf Project Contract #2726

July 24, 2008

SAN FRANCISCO PORT COMMISSION Kimberly Brandon, Commission President

Monique M. Moyer, Executive Director

KEY SUBMITTAL REQUIREMENTS Through this Request for Proposals ("RFP") the City and County of San Francisco, acting by and through the Port of San Francisco (referred to as "City" or "Port") invites proposals from all firms qualified to provide the services described herein. Please review the requirements to avoid any delays in the procurement and contract award process. Failure to abide by the requirements cited in the RFP may result in a proposal being deemed non-responsive and/or disqualification for contract award. I. Seven (7) sets of the proposal (Marked Engineering Design Services for the Brannan Street

Wharf Project) with one unbound to include the following: 1. Cover letter signed by an official with the firm authorized to contractually bind the firm as a

Prime and any Proposed Subcontractors 2. Proposer (Respondent to RFP) Information Sheet (attached as next page in RFP) 3. Narrative Proposal Offer in response to the RFP 4. Fee Proposal (in a separate sealed envelop marked “Fee Proposal”)

II. HRC Forms (See Appendix A) - Two sets in one separate envelope marked HRC Forms. 1. Form 2A – HRC Contract Participation Form 2. Form 2B – HRC “Good Faith” Outreach Requirements Form 3. Form 3 – HRC Non-Discrimination Affidavit 4. Form 4 – Joint Venture Participation Schedule (if applicable) 5. Form 5 – HRC Employment Form

III. Contract Documents (One set in separate sealed envelope marked Contract Documents)

1. City and County of San Francisco Vendor Number or Application for Vendor Number (See Appendix B)

2. Business Tax Declaration (See Appendix B) 3. Minimum Compensation Ordinance (MCO) Declaration (See Appendix B) 4. Health Care Accountability Ordinance (HCAO) Declaration (See Appendix B) 5. First Source Hiring Program Declaration (See Appendix B) 6. Statement of Intent to sign contract in substantially the same form as provided in the RFP

without exception or with noted exceptions. Exceptions may cause a firm to be deemed non-responsive to RFP. (See Appendix C)

7. Non-Collusion Affidavit (See Appendix D) 8. Certificate(s) of Insurance with letter from Insurer (or representative) confirming that Additional

Insured Policy Endorsements as specified in the form contract (Appendix C to RFP) will be provided within seven business days from the date of the Notice of Intent to Award (See Appendix E)

Pre-proposal conference: August 7, 2008; 10:00 a.m. Proposal due date: August 22, 2008; noon Inquiries regarding this RFP must be directed to: [email protected]. However, first please thoroughly review the RFP.

SPECIAL INSTRUCTIONS TO PROSPECTIVE RFP RESPONDENTS

P-590 (11-07 Contract #2726 July 24, 2008

CONFLICT OF INTEREST The successful respondent to this RFP/proposer will be required to comply fully with and be bound by the applicable provisions of state and local laws related to conflicts of interest, including Section 15.103 of the City's Charter, Article III, Chapter 2 of City’s Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California. The successful proposer will be required to acknowledge that it is familiar with these laws; certify that it does not know of any facts that constitute a violation of said provisions; and agree to immediately notify the City if it becomes aware of any such fact during the term of the Agreement. Individuals who will perform work for the City on behalf of the successful proposer might be deemed consultants under state and local conflict of interest laws. If so, such individuals will be required to submit a Statement of Economic Interests, California Fair Political Practices Commission Form 700, to the City within ten calendar days of the City notifying the successful proposer that the City has selected the proposer. Obligations: It is the obligation of all respondents to this RFP, as well as their subconsultants, to determine whether or not participation on this proposed contract constitutes a conflict of interest. While the Port of San Francisco maintains records regarding award and execution of contracts, it does not have the resources to ascertain whether or not a conflict of interest exists for every prospective respondent to this RFP or its partners, subconsultants or team members. Each respondent to this RFP must evaluate whether or not a conflict of interest exists involving any member of its team or its firm. If it appears that there may be a conflict of interest based upon the information and general guidelines provided by this RFP, the Port must be promptly notified. Prospective respondents to this RFP should consult their legal counsel to determine whether a potential or actual conflict exists. However, if it becomes apparent to the Port that conflict of interest does exist; the matter will be addressed on a case by case basis. The Port's determination whether a specific conflict exists will depend upon the specific facts of each situation. Phases of Work/General Guidelines for All Port RFQs/RFPs:

1. Preplanning. Participation in preplanning work, which may include a needs assessment report or scoping for an engineering detailed condition survey would likely involve a conflict only to the extent that such work was included in the development of the Request for Information (RFI); Request for Qualifications (RFQ) or Request for Proposal (RFP).

2. Program Management or Advisory Services. Since these services necessarily assist in

general definitions likely to be used defining the project or program, then a conflict of interest is likely for the design phase of any project or implementation of a program.

3. Planning. The planning phase of any project establishes the facts pertaining to the project and

possible options for consideration. Involvement in this phase may involve into a conflict of interest if the planning work is later used for a subsequent contract award associated with the project or program. Examples include but are not limited to: Preferred Concept Plans, Program Alternative Analysis Reports or Detailed Condition Assessment Reports.

SPECIAL INSTRUCTIONS TO PROSPECTIVE RFP RESPONDENTS

P-590 (11-07 Contract #2726 July 24, 2008

ATTACHMENT

PROPOSER INFORMATION SHEET

RFP: Engineering Design Services for the Brannan Street Wharf Project – Contract #2726

(This form must be returned with your proposal in order to be deemed responsive.)

Company Legal Name: ________________________________________________________ Business Headquarters Address: _________________________________________________ Local Address: ________________________________________________________________

Telephone Number: _____________________________ Fax Number: __________________ Legal organization status: _______________________________________________________ (Sole proprietorship, partnership, corporation, joint venture and etc.) Corporation organized under the laws of the State of __________________________________ List names and addresses of all members of the firm or names and titles of all officers of the corporation authorized to bind the company in contracts (provide copy of Corporate By-Laws, Articles of Incorporation or other appropriate official documentation designated such authority) 1. Name:__________________________________ Title: ___________________________ Business Address: ________________________________________________________ 2. Name: ________________________________ Title: ___________________________ Business Address: ________________________________________________________ 3. Name: ________________________________ Title: ___________________________ Business Address: ________________________________________________________

4. Name: ________________________________ Title: ___________________________ Business Address: ________________________________________________________

5. Name: ________________________________ Title: ___________________________ Business Address: ________________________________________________________

City and County of San Francisco Vendor #: _________FEIN: __________________ Dun & Bradsheet # ________________________ Applicable License #: ______________

P-590 (11-07) i July 24, 2008

Request for Proposals for Engineering Design Services for the Brannan Street Wharf Project – Contract #2726

Table of Contents

Page I. Introduction and Schedule........................................................................................ 1-2 II. Scope of Work ......................................................................................................... 3-10 III. Submission Requirements ........................................................................................11-14 IV. Evaluation and Selection Criteria.............................................................................15-17 V. Pre-proposal Conference and Contract Award......................................................... 18 VI. Terms and Conditions for Receipt of Proposals.......................................................19-24 VII. City Contract Requirements .....................................................................................25-28 VIII. Protest Procedures ................................................................................................... 29 Appendices: A. HRC Attachment 2: Requirements for Architecture, Engineering and Professional Services Contracts, for contacts $29,000 and over (separate document). Respondents must submit the following forms: Form 2A HRC Contract Participation Form Form 2B HRC “Good Faith” Outreach Requirements Form

Form 3 HRC Non-discrimination Affidavit Form 4 Joint Venture Participation Schedule (if applicable)

Form 5 HRC Employment form The above listed HRC Forms may be obtained from the following website: http://www.sfgov.org/site/sfhumanrights_page.asp?id=53889

B. Standard Forms: Listing and Internet addresses of Forms related to Taxpayer Identification Number and Certification, to Business Tax Declaration, and to Chapters 12B and 12C, and 14B of the S.F. Administrative Code. C. Agreement for Professional Services (form P-500) – separate document D. Non-Collusion Affidavit E. Statement of Compliance with Insurance Requirements & Risk Manager Letter Attachments: Concept Drawings – Concept Design, Seawall Detail and Site Plan


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I. Introduction and Schedule The Port of San Francisco, a department within the City and County of San Francisco, is a self-supporting, enterprise agency which owns and manages 7 and 1/2 miles of property along the San Francisco Bay. Although overseen by the Mayor and Board of Supervisors for the City and County of San Francisco, Port policies and operations are at the direction of a Commission, consisting of five (5) members appointed by the Mayor. The Port holds this property in “public trust” for the people of California. As trustee of this property since 1969, the Port is required to promote maritime commerce, navigation, and fisheries, as well as to protect natural resources and develop recreational facilities for public use. This proposed Brannan Street Wharf project is located in San Francisco’s South Beach area between piers 32 and 38. The Project is intended to serve visitors to the waterfront and be a central space for the neighborhood. As a recreational facility, this project seeks to enhance the enjoyment of the Embarcadero Promenade and the Bay at all times of the day. A. Introduction This Request for Proposals (RFP) as authorized by Port Commission Resolution No, 08-16 invites qualified design teams to provide professional engineering and related design services through construction of the Brannan Street Wharf Project. The design team’s expertise must be sufficiently comprehensive to assure that the design concept is completed in a timely manner, maximizing the public benefit within the requisite budget. The design team must include, but shall not be limited to the expertise of: geotechnical, marine, civil, structural, mechanical, electrical and design related construction administration. Port staff will provide architectural concepts and architectural design for these components or provide coordination with artists that are not included in the consultant’s scope of services. Consultant services shall include engineering for art and interpretive components which may include as examples – structural support for components located on the deck or in the cutout portion of the deck across from the Brannan Street intersection, or structural design for interpretive displays located throughout the site. The Brannan Street Wharf project will demolish the depilated Pier 36 and repair or replace Pier 34 marginal wharf deck and piling and create a new approximately 55,000 square foot wedge shaped public open space platform supported on concrete piles over the San Francisco Bay. The new open space will start at the southwestern corner of Pier 30-32 and extend 800 feet south along the shoreline. The design will include a 400-foot-long raised lawn area that varies in width from about 50 to 95 feet and is surrounded by a stepped seat wall with openings to provide accessible entries to the lawn area; an opening in the deck for a tidal display; shade structures with tables and seating beneath; an approximately 2,400 square foot float with a low edge suitable for kayak landing, with an accessible access gangway, and a securable portal structure at the gangway entry. The concept design was developed by the Port of San Francisco (Port) and the Bay Conservation and Development Commission (BCDC) working with a citizen advisory committee formed for this project. The design was then endorsed by the South Beach/Rincon Point Citizen Advisory Committee (CAC) and accepted by the Port Commission and the BCDC Commission. The Project was also reviewed by the Waterfront Design Advisory Committee (WDAC) and the BCDC Design Review Board. Further reviews by the design review bodies, the CAC and the Commissions will be required as the design evolves to its final form. The budget for demolition and construction is $15 million.


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The contract shall have an original term of three years. In addition, the City shall have two options to extend the term for a period of one year each, which the City may exercise in its sole, absolute discretion.

B. Tentative Schedule Proposal Phase Tentative Date RFP is advertised and issued by the City July 24, 2008 Pre-proposal conference August 7, 2008; 10:00 a.m. Deadline for submission of written questions or requests for clarification August 15, 2008 Proposals due August 22, 2008; noon Short-list for Oral Interviews August 29, 2008 Oral interview with firms selected for further consideration September 5, 2008 Notice of Intent to Award with draft contract September 5, 2008 (Top Ranking Firm and Alternate; Contingent upon Port Commission and legal approval) Protest Period Ends September 12, 2008 Insurance Documents In Compliance with RFP September 15, 2008 Pre-award Conference with Recommended Firm September 17, 2008 Port Commission Action on Contract Award September 23, 2008 Contract Term Commences November 2008 Key Contract Milestones Phase 1: Complete site investigation, design brief, conceptual design evaluation/revision; preliminary

design and cost estimate Date: March 31, 2009 Phase 2: Complete detailed engineering design, final cost estimate and construction documents Date: December 31, 2009 Phase 3: Bid, Construction Administration and Project Close-out Date: July 31, 2011

II. Scope of Work


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SCOPE OF WORK BACKGROUND Program and Concept Design Plans Generally, the finished Brannan Street Wharf (BSW) project is expected to include the following components and is expected to accomplish the following within the Project budget and as depicted on the attached Concept Drawing documents.

• General limits of construction are defined from the west as the Art Ribbon that runs along the Embarcadero, to the north the southern edge of Pier 30-32, to the south the southern edge of Pier 36, shown as “limit of project” on the Concept Drawings.

• Demolition and removal of the portion of Pier 36 to the east of the project including all structures on the Pier and with piles removed to the bay floor level. Includes stand alone piles north of Pier 36.

• Removal and/or renovation of the portion of Pier 36 deck and piling within the area shown on the Concept Design for the BSW and the wharf area between Pier 30-32 and Pier 36.

• Completion of a total improved area of approximately 55,000 square feet of new or reconstructed pile supported area. Work to include all pile, concreting, and improvements to accommodate the design as shown on the attached Concept Drawing and other sketches.

• Seawall repair and upgrade where required by the project. • Accessible gangway ramp and floating launch of approximately 2,400 square feet suitable for a

variety of small and human powered craft. • Reconstructed Art Ribbon with fewer raised seating features than currently exist. • A series of art and interpretive exhibits that encourage education about bay currents, tides,

wildlife, fisheries, and waterfront history. • Raised planters for durable lawn, with soil profile similar to lawn specified for Chicago’s

Millennium Park and other high use urban turf settings, and other landscaping with surrounding seat walls, subsurface drainage, and an automatic irrigation system.

• Paving similar to the Embarcadero Promenade that is able to support vehicle loads. • Railing at all waterfront edges. • Shade structure(s). • Tables, chairs, litter receptacles, drinking fountain, and other site furniture as necessary. • Bronze simulated rail tracks incorporated into pavement at historic rail locations. • Lighting as needed for security and architectural effect. • Signage for interpretation, information and identification. • Removal of two curb cuts on the Embarcadero and replacement with curb.

Incorporation of Art and Interpretive Elements into the Brannan Street Wharf Project The Port anticipates that the BSW will include several features described as art or interpretive information. These elements may include but are not limited to:

• Art or interpretive information about the history of the immediate area • Art or interpretive information about the labor struggles that occurred in the 1930’s at or near the

site • Art or interpretive information about the Bay tides • Other information or expressions about the Bay

PORT STAFF SCOPE OF WORK


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Due to the nature of this project and the availability of Port or city staff with expertise to render some of the professional services required to complete this work, the services solicited are focused primarily on engineering design and related services. Certain architectural and project management services will be rendered by Port staff as described below. Port Project Management

• Provide existing design concept drawings vetted by CAC and Port Commission • Provide drawings of existing structures and soil boring • Submit and obtain required regulatory agency permits for the Project, including but not limited to

Planning, BCDC, Army Corp of Engineers • Provide copies of permits • Review and input on the condition survey, geotechnical investigations, structural remediation

report, hazardous material report, consultant design brief, conceptual design findings and presentation materials, LEED standards as adapted for public open space

• Selection of alternate structural design • Review and comment on design, construction drawings and technical specifications at designated

stages of progress. • Staff reports required for Port Commission presentations • Coordination of public review and outreach meetings • Coordination with Port Permit Department • Develop and provide administrative portion of the Project Manual • Provide access to the project area and available pertinent Port documents as needed for consultants

to complete the scope of work. Port Architectural Scope

• Coordination with Art Commission personnel for modification of art ribbon • Coordination with Project Art, Interpretive Display elements • Water edge railing design • Selection of site furnishings • Planter wall configuration and materials design • Access ramps to lawn areas • Planting design and selection of plant materials • Signage for interpretation, information and identification. • Shade structure(s) and float portal designs • Selection of and locate drinking fountain, • Selection of and locate light fixtures for walkways and float • Material sample boards

ENGINEERING DESIGN TEAM SCOPE OF WORK This description of the Scope of Work for the Engineering Design Team is to be used as a general guide and is not intended to be a complete list of all services that will be required under the contract. Proposing teams may suggest a modified scope as part of their proposal. However, such a modified scope must be in addition to the requested scope and submitted as a separate document. Teams are encouraged to visit the project site prior to attending the pre-proposal meeting or otherwise prior to preparing a proposal in response to this RFP.


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The consultant team’s (Consultant) will also participate in meetings with Port staff, further design review, presentation to Port staff at interdivisional review / coordination / funding meetings for review and comments, public presentations and the entitlement process, all of which will be directed by Port staff. The Port may award all, none, or any part of the scope included in this RFP. The proposed contract to be awarded from this RFP process will be divided into three phases as follows: Phase 1: Site investigation, design brief, conceptual design evaluation / revision, preliminary design

and cost estimate Phase 2: Detailed engineering design including drawings, specifications and cost estimate Phase 3: Bid and Construction support The Port has identified the tasks below as necessary to accomplish the objectives for each phase and the overall project objectives. However, these tasks do not necessarily represent all tasks sufficient to accomplish the objectives for each phase and the overall project objectives. It is the proposer’s responsibility to identify all of the requirements, both necessary and sufficient, to accomplish the project’s objectives during each of the established phases. Consultant shall provide safety equipment and training meeting CalOSHA standards as required for the work. Phase 1 Site investigation, design brief, conceptual design evaluation / revision, preliminary

design and cost estimate In this phase, the consultant will perform the following tasks: Task 1: Review existing data Review existing drawings, soil boring, other technical documents and permits. Task 2: Review Port architectural design input Review Port architectural design requirements and define Port / consultant design interfaces. Task 3: Perform surveys and investigations Task 3A: Perform condition survey of marginal wharf deck, piling and seawall

• Perform above water and below water condition surveys of piling, decking and seawall. • Determine the extent of pilings, decking and seawall which will be required to be repaired or built

new for the project based on specific codes, design loads and seismic requirements. • Provide a summary report indicating a comprehensive pier condition survey presented in drawing

and text formats, including photographs of the various damage conditions. The Summary Report shall indicate locations and extent of damage and shall quantify all of the observed damage to the structural members. The condition survey shall be formatted so that a cost estimator can use this survey for repair pricing as part of Task 4.

Task 3B: Perform hazmat survey of Pier 36

• Review building drawings and site to identify existing hazmat materials present and originally specified.


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• Provide a site survey and collect samples. Survey shall include any necessary destructive testing in order to get access to concealed suspect materials. Provide required containment and cleanup of any materials dislodged during testing per hazmat standards.

• Analyze samples and record and evaluate quantities, conditions, accessibility and abatement cost estimates. Indicate on drawings where samples of suspect material have been collected.

• Provide comprehensive report presenting the observations, sampling results, laboratory reports, quantity and abatement cost estimates. The report shall be reviewed and approved by Consultant’s Certified Industrial Hygienist (CIH) and Port personnel.

Task 3C: Perform geotechnical investigation

• Provide soil borings both in water and on land representative of locations where pilings will be driven and where other geotechnical work will be performed. Meet and confirm locations and number of borings with Port personnel.

• Provide a site specific response spectrum and geotechnical design criteria for the project. Task 4: Develop design criteria and determine various design alternatives Task 4A: Develop project design criteria document

• Perform comprehensive Code Study; • Provide a comprehensive summary of all design criteria to be compiled in a document; • Provide anticipated design loads.

Task 4B: Determine various design alternatives

• Perform preliminary structural analysis and design for the wharf structure including interaction with the seawall.

• Develop at least three (3) structural design alternates for the Wharf Project, with consideration of the Port Architect's project scope of work and the extent of the damage repair required for the existing marginal wharf. The design alternates shall consider the preliminary geotechnical engineering recommendations for foundations supporting vertical dead and superimposed live loads, earthquake loads, wave and tide loads. Lateral soil loads against the existing seawall shall also be considered.

• Provide cost estimates for each of the design alternates. • Provide a summary report for this task incorporating all DESIGN CRITERIA, findings, analyses,

recommendations and conclusions. • Meet with Port personnel to discuss Summary Report. Modify report per Port's comments. • Port shall select the preferred Alternate Design.

Task 5: Prepare a Design Brief

• Define key design objectives including design parameters, Port architectural design, ADA, environmental, utility, code, and planning requirements; permitting, hazmat abatement, special inspection and art commission requirements, performance criteria, LEED standards, art and interpretive elements, scope and schedule of the Project.

• The Design Brief is a dynamic document that begins with a set of key objectives that may be varied as design studies are undertaken to arrive at design parameters, criteria and solutions to meet those objectives.


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• The Design Brief is to include a list of major project design milestones and critical path method (CPM) schedule.

• Meet with Port personnel to discuss Summary Report. The Design Brief is to be prepared with close coordination of Port staff and will be subject to review and recommended changes by Port staff. Modify report per Port's comments.

The Design Brief will evolve through Project phases and tasks and the Consultant shall be responsible for signing off on meeting the objectives of the Design Brief as the Project progresses. Task 6: Review, Evaluate and Revise as Necessary the Conceptual Design

• Analyze the Project’s existing Conceptual Design considering Tasks 1-5, to determine its constructability within the defined project budget. The design shall be tailored to meet the funding available.

• Prepare a cost estimate and written report of probable costs reflecting the Conceptual Design or prepare a modified concept design that reflects the project budget of how the Conceptual Design might be altered to be constructible within the Project budget while continuing to substantially meet the Project components described in Appendix D, cost and schedule.

• Provide a computerized rendered color perspective using REVIT or equal of a modified concept design as necessary to thoroughly represent the design in public meetings. The rendering will be subject to review and recommended changes by Port staff. Modify report per Port's comments.

• Present the findings along with the rendering to 1) Port staff, 2) Port Commission, 3) at a joint meeting of the Port’s Waterfront Design Advisory Committee (WDAC) with the Bay Conservation and Development Commission’s Design Review Board (BCDC-DRB).

Task 7: Provide Preliminary (30% complete) Design Drawings The objective of the Preliminary Design is to provide further resolution and verification of the Conceptual Design. The Consultant team shall optimize the Project design and value, coordinate and resolve interfaces with other disciplines. Preliminary Design shall include, but not necessarily limited to the following:

• Refinement of the preferred project structural design alternative based on feedback from the Port; • Perform value engineering and constructability studies of proposed design; • Evidence of consideration of key engineering requirements of the Project based on Task 4; • Report on how the Project may conform to the highest reasonable level of LEED standards as

adapted for a public space project and agreed to by the Port; • Update the Design Brief and sign-off of completed tasks on the Design Brief; • Undertake other tasks as may be necessary to develop a preliminary design that could be

constructed within the Project budget and be able to secure the necessary entitlements; • Update the cost estimate and confirm that it reflects the above alternatives; • Provide updated computerized rendered color perspectives as necessary to thoroughly represent

the preliminary design in public meetings; • Attend meetings with Port staff at other governmental agencies and forums as may be required;

and • Present Preliminary design drawings to Port staff for review, comment and approval.

Provide six (6) copies each and electronic files of reports, rendered color perspectives and material sample boards, Design Brief and Drawings.


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Phase 2 Detailed engineering design including drawings, specifications and cost estimate Consultant team shall thoroughly complete and coordinate all necessary design drawings, details, and specifications to a standard enabling efficient and effective bidding and construction. Construction Documents shall include, but not necessarily be limited to the following:

• From the agreed preliminary design, develop all construction drawings and documentation necessary to accurately define and dimension all elements, allow an efficient competitive bid process, and completely construct the project. Ensure that the Project design is accomplishable within the Project budget;

• Ensure Project design meets all applicable municipal, state and federal laws; • Investigate and recommend material and system options to enhance the design and address the

Design Brief; • Resolve engineering coordination issues between all members of the Consultant Team; • Verify and sign-off Project design details, materials, and project components; • Verify code compliance; • Provide Port with technical sections for the project scope and specifications for the construction

bid, including but not limited to materials and services required for the Project based on Appendix D, hazmat abatement, pier and pilings demolition, and environmental remediation, float and gangway, soil and lawn, electrical and plumbing;

• Assist in determination of construction schedule • Ensure that project scope and specifications, including demolition constraints conform to permit

requirements. • Provide proposed demolition and construction phasing, CPM schedule and identify long lead

procurement items; • Provide update of the Code Study of the Project Design; • Provide update of report on how the Project may conform to the highest reasonable level of

LEED standards as adapted for a public space project and agreed to by the Port; • Update of the Design Brief and sign-off of completed tasks on the Design Brief; • Other tasks as may be necessary to develop a design that could be constructed within the Project

budget and be able to secure the necessary entitlements; • Confirm ADA requirements have been addressed; • Locate all existing utilities by potholing when necessary and develop utility composite plan. • Identify utility conflicts and develop plans for utility relocation if required; • Identify and provide details of utility tie-ins to existing utilities or any new utilities required; • Develop plans for deck, walkways, demolition of curb cut and installation of curbs, rail tracks,

and reconfiguration of the art ribbon based on Port architectural design; • Develop plans for accessible gangway and small craft float; • Develop plans for walkway and float lighting and power supply; • Develop plans for water service to lawn, sprinklers, controls, irrigation system and drinking

fountain, based on Port architectural design; • Develop structural details supporting Port’s architectural design of water edge railing, planter

wall, planter access ramps, shade structure and portal design, and attachment of selected site furnishings;

• Identify all special inspection requirements; • Confirmation that the cost estimate reflects the Project Design; • Provide 60% complete and 95% complete demolition and construction drawings, specifications

and cost estimates to Port staff for review and comment. Incorporate required changes for approval;


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• Provide wet stamped and signed 100% complete demolition and construction drawings and specifications by California registered professional engineers and electronic files of all drawings and documents;

• Develop the technical portion of the Project Manual for construction bids; and • Attend meetings with Port staff and other governmental agencies and forums as may be required.

Provide six (6) half size copies each and electronic files of reports, rendered color perspectives, Design Brief, drawings and specifications. Phase 3: Bid and Construction support The third phase will consist of assisting Port staff during the bidding and construction phase, including responding to questions on bid documents (QBD), attending pre-bid conference(s), and revising drawings or technical specifications as required to issue addenda. The consultant shall provide engineering services during the demolition and construction process to assure that construction is proceeding in accordance with the contract documents and other Port requirements. Services shall include, but not be limited to answering requests for information (RFI’s), review and approval of submittals and maintaining a submittal log, review of claims, review of contractor correspondence, review and approval of shop drawings, review and analysis of change orders for scope and cost, providing cost estimates, and travel to material and equipment suppliers for quality assurance review prior to shipment. In this phase, the consultant will perform the following tasks: Task 1: Bidding Stage At the Bidding Phase the Port will advertise for a contractor to construct the Project. The Consultant will assist the Port in the following:

• Assisting the Port in answering all questions on bid documents (QBD); • Provide modifications or additional drawings and specifications as required through the bid

process in a timely fashion to meet bid timeline requirements; • Attending pre-bid conference(s), and • Assist in evaluating bid proposals.

Task 2: Construction Support During Construction the Consultant will assist the Port in resolving construction issues brought forward by the Contractor and in determining the Project is constructed as per the approved design. Construction Stage professional engineering services shall include, but not limited to the following:

• Review and comment on Contractor’s proposed inspection and test plans, including verification of the scope of inspection, testing, witness points, hold points, sample submissions, prototype submissions, etc;

• Provide prompt advice on the interpretation of the drawings and technical specifications, issuing supplementary details and instructions as required, and update drawings to reflect details issued as part of the Request For Information (RFI) process;

• Review and approve material and equipment submittals and maintain log; • Prepare field design sketches; • Provide geotechnical service to document pile blow counts and confirm adequacy of piling;


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• Provide assurance to Port that the demolition and hazmat abatement is in accordance with the specifications and statutory requirements;

• Document pile, deck and seawall repairs; • Evaluate temporary shoring; • Review and comment on Contractor’s design alternatives; • Assess, evaluate and report on change order requests and claims; • Provide routine attendance on site by all appropriate consultant team members to verify Project is

being constructed in compliance with bid drawings, codes, and specifications, followed with documentation through standardized construction observation reports;

• Punch out the completed work; • All other tasks as may be necessary to ensure the project is constructed within the Project design

drawings, specifications, entitlements and budget; • Attend weekly meetings with the Port, construction manager and Contractor as directed by Port. • Travel to inspect quality of construction equipment and materials of major items of concern prior

to shipment, as directed by Port.


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III. Submission Requirements A. RFP Coordination From the date of issuance of this RFP until announcement of the successful consultant (as approved by the Port Commission), consultants may contact only the Port’s Contract Manager as the RFP Coordinator for this procurement. The RFP Coordinator will respond only to questions regarding the procurement process. Questions related to the interpretation of this RFP must be submitted in writing to the RFP Coordinator in accordance with this RFP. All questions and inquiries from prospective consultants and other interested parties will be referred to the RFP Coordinator for response. B. Time and Place for Submission of Proposals Proposals must be received by 2:00 p.m., on August 22, 2008. Postmarks will not be considered in judging the timeliness of submissions. Proposals may be delivered in person and left with the Port’s receptionist between the hours of 8:30 a.m. and 5:00 p.m. or mailed to: Norma Nelson, Contract Manager

Port of San Francisco Pier 1 – The Embarcadero San Francisco, Ca 94111

Proposals that are submitted by fax will not be accepted. Late submissions will not be considered. C. Format Proposers shall submit seven (7) copies of the proposal in a sealed envelope clearly marked Engineering Design Services for the Brannan Street Wharf Project addressed as indicated above. Please see the Special Instructions at the beginning of the RFP which lists all documents to be submitted in response to the RFP. (One of the seven sets of the proposal must be unbound. The Port will place proposals in three-ring binders for the review panel. Use three-hole punch-recycled paper, print double-sided to the maximum extent practical, and bind the proposal with a binder clip, rubber band or single staple or submit it is a three-ring binder. You may use tabs or other separators within the document.) For word processing documents, the Port prefers that text be unjustified (i.e., with a ragged-right margin) and use a serif font (e.g. Times Roman, and not Arial), and that pages have margins of at least 1” on all sides (excluding headers and footers). If your response is lengthy, please include a Table of Contents with numbered pages. You must also submit an electronic version of the proposal. The fee proposal must be submitted in a separate envelope with seven (7) copies. A. Content of Proposals Firms interested in responding to this RFP must submit the following information, in the order specified:


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Phase 1: Site investigation, design brief, conceptual design evaluation / revision, preliminary design and cost estimate

Phase 2: Detailed engineering design including drawings, specifications and cost estimate Phase 3: Bid and Construction support 1. Introduction and Executive Summary

Submit a letter of introduction and executive summary of the proposal. The letter must be signed by a person authorized by your firm to obligate your firm to perform the commitments contained in the proposal. Documentation of authorization to bind the company in contracts must be submitted with the letter. Submission of the letter will constitute a representation by your firm that your firm is willing and able to perform the commitments contained in the proposal. Proposers must acknowledge having read the P-500 Sample Contract and agree to execute a contract in substantially the same form. Proposers must also confirm that the Appendix E - Insurance requirements and Memorandum from the City’s Risk Manager, also listed in the RFP – Appendix C: P-500 Agreement for Professional Services; paragraph 15 have been discussed with the firm’s insurer or insurer representative to determine the ability to comply within seven business days from the Notice of Intent to Award. The receipt of any and all addenda must be acknowledged.

2. Project Approach

Describe the services and activities that your firm proposes to provide to the Port. Include the following information:

a. Overall scope of work tasks (technical and management); and b. Schedule and ability to complete the project within the Port’s required time frame; and c. Assignment of work within your firm’s work team.

d. Quality control to assure that the Port is provided recommendations and preliminary design based upon the best information in the marketplace/industry best practices, suitable for the Port of San Francisco.

e. Budget Controls for the recommended design(s)

3. Firm Qualifications

Provide information on your firm’s background and qualifications (lead consultant firm to sign the contract with the Port). In your statement of qualifications address the following:

a. Name, address, and telephone number of a contact person; and

b. A brief description of your firm, as well as how any joint venture or association would be structured; and

c. A description of not more than three projects similar in size and scope completed by

your firm including client, reference and telephone numbers, staff members who worked on each project, budget, schedule and project summary. Descriptions should be limited to one page for each project. If joint consultants or sub consultants are proposed provide the above information for each.


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4. Team Qualifications

a. Provide a list identifying: (i) each key person on the project team, (ii) the project manager, (iii) the role each will play in the project, and (iv) a written assurance that the key individuals listed and identified will be performing the work and will not be substituted with other personnel or reassigned to another project without the Port’s prior approval.

b. Provide a description of the experience and qualifications of the project team members,

including brief resumes if necessary. 5. References

Provide references for the lead project manager, and all sub consultants, including the name, address and telephone number of three or more recent clients (preferably other public agencies).

6. Fee Proposal (Submit in a Separate Sealed Envelope)

The Port intends to award a single contract to the firm that it considers will provide the best overall program services. The Port reserves the right to accept other than the lowest priced offer and to reject any proposals that are not responsive to this request. Include a schedule of hourly rates and other charges as well as an itemization of costs for each phase of work required to complete the Scope of Work. The schedule of hourly rates for all team members by professional discipline and other charges may be used for additional services or to negotiate the fee. The Port reserves the right to negotiate fees for Phases II and III, or award another separate contract, for those phases.

Provide a fee proposal that includes a total fee for all three phases of services offered in

response to this solicitation. A detailed budget must be provided for each phase proposed in response to the RFP.

Phase 1: Site investigation, design brief, conceptual design evaluation / revision, preliminary design and cost estimate - Firm-fixed fee

PHASE 1 FEE PROPOSAL SUMMARY Task 1: Review existing data $__________ Task 2: Review Port architectural input $__________ Task 3: Perform surveys and investigations $__________ Task 4: Develop design criteria and determine various design alternatives $__________ Task 5: Prepare a Design Brief $__________ Task 6: Review, Evaluate and Revise as Necessary the Conceptual Design $__________ Task 7: Provide Preliminary (30% complete) Design Drawings $__________ TOTAL FEE PROPOSED $__________

Phase 2: Detailed engineering design including drawings, specifications and cost estimate - Percentage of final construction cost estimate


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Phase 3: Bid and Construction support - Percentage of final construction cost estimate

FEE PERCENTAGES FOR PHASES 2 AND 3 FOR THE VARIOUS RANGES OF CONSTRUCTION COST ESTIMATES

Percentage (%) Final Construction Cost Estimate Phase 2 (%) Phase 3 (%) Lower Range Higher Range

<$10,000,000 $10,000,000 $14,999,999 $15,000,000 +


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IV. Evaluation and Selection Criteria A. Minimum Qualifications To be considered qualified, firms responding to this RFP must be engaged in the line of business that is primarily structural engineering. Such firms must have been established a minimum of five recent (and continuous) years providing structural engineering services. Experience must include a minimum of three similar pier repair projects with condition assessment surveys and engineering design services. All firms responding to this RFP must meet the requirements of the City and County of San Francisco’s Local Business Enterprise (LBE) Program in order to be deemed eligible for consideration as a part of the oral interview phase of the evaluation and selection process. (See RFP Section VI. Terms and Conditions for Receipt of Proposals – paragraph N.) The City’s Human Rights Commission (HRC) has established a 20% LBE subconsulting participation goal for this project. Any proposal that does not meet this goal or demonstrate good faith effort compliance as defined by the HRC, by the deadline for submittal of proposals, will be considered non-responsive and will not be eligible for award of the contract. B. Overview of the Evaluative and Selection Process

• Responsiveness to RFP o Compliance with the RFP Submission Requirements o Each proposal will be evaluated according to completeness, content, experience

of the proposer and their staff, and cost. o The HRC will evaluate proposals for responsiveness to the Local Business

Enterprise (LBE) Program requirements. • Proposals meeting the Responsiveness requirements will be forwarded to the Selection

Committee for technical evaluation and scoring. • Fee Proposals will be evaluated and scored • After the Selection Committee has evaluated and scored the proposals, up to four (4)

firms will be invited to participate in the oral interview phase to form the “Short List”. • Reference Checking will be performed • Oral Interviews will be held • Final scores will be completed.

C. Evaluation Criteria The proposals will be evaluated by a selection committee comprised of parties with expertise in Professional Engineering and Related Services. The Port intends to evaluate the proposals generally in accordance with the criteria itemized below. A maximum of (4) firms with the highest scoring proposals will be interviewed by the committee to make the final selection. The Port reserves the option to reduce or expand the number of firms to be interviewed based upon the range of scores. 1. Project Approach (35 points)

a. Understanding of the project and the tasks to be performed (management and technical);

b. Reasonableness of work schedule and approach to keeping the project on schedule;


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c. Cost effectiveness and approach to budget control; d. Innovation and application of industry best practices; and e. Quality Control. 2. Assigned Project Staff (25 points)

a. Relevant experience of staff assigned to the project and a description of the tasks to be performed by each staff person; and

b. Professional qualifications and education; and c. Workload, staff availability and accessibility. 3. Experience of Firm and Sub consultants (25 points)

a. Expertise of the firm and sub consultants in developing pier engineering design and provision of construction support; and

b. Quality of recently completed projects, including adherence to schedules, deadlines and budgets; and

c. Experience with similar projects.

4. Fee proposal (15 points) Lowest fee = maximum points; highest fee = 0 points, etc.

5. Reference Checks (15 points) a. Completion of projects listed for experience and firm’s role b. Completion of projects on time and within budget c. Effectiveness in amicably resolving disputes d. Use of staffing listed in the SOQ/Proposal e. Staffing Performance f. Management Performance g. Project relevance to the RFP project h. Communication i. Overall Quality of Work 6. Oral Interview (85 points)

Following the evaluation items 1-5, a maximum of four (4) proposers with the highest scores will be invited to an oral interview. The interview will consist of standard questions asked of each of the proposers. Ranking of interview scores may be based upon the same criteria listed above for the short list or questions evolving from the proposal evaluation. Final scoring will be based upon the proposer providing the best quality of services at the most reasonable price. If during fee negotiation with the highest ranked proposer, the Port is unable to reach a fee agreement deemed reasonable, such negotiations shall terminate and the Port will terminate such negotiation and may commence negotiations with the next highest ranked firm. Additional evaluation factors to be considered during the interview process include the following:

1. Project Management and Administration 2. Communication 3. Quality assurance 4. Demonstrated ability to keep costs contained and within project budgets. 5. Knowledge of local conditions and familiarity with the project facility or similar pier.


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6. Demonstrated interest of the consultant in the success, efficiency, and workability of the project during construction and post construction operation.

7. Ability of the consultant to furnish effective and timely construction observation services 8. Experience on other projects which have similar size and scope as the proposed project. 9. Innovation in project approach, suitable for the project work.

D. Selection Criteria

The scores will be combined. The selection committee will recommend award of the contract to the firm with the highest total score as described above. Staff may conduct further reference checks to confirm concurrence with the recommendation. Staff will provide a notice of intent to award to the recommended firm and proceed to seek the Port Commission’s approval to award the contract to the recommended firm.

Written Proposal Phase Maximum Score

Interview Phase Maximum Score

Combined Maximum Score

Proposal 85 85 170 Fee: 15 References: 15 30

Total Score =100 Total Score=100 Total Score = 200

At each phase of the selection process, final scores for that phase will be ranked. The final ranking will be based upon the combined scores for both the written proposal phase and the interview phase.


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V. Pre-proposal Conference and Contract Award

A. Mandatory Pre-Proposal Conference

Proposers are required to attend the pre-proposal conference on August 7, 2008, at 10:00 a.m. to be held at Pier 1 in Bayside Room 1. All questions will be addressed at this conference and any available new information will be provided at that time. If you have further questions regarding the RFP, please contact the individual designated in Section VI.B.

After downloading a copy of the RFP, prospective respondents to the RFP are asked to send an e-mail notice to RFP Coordinator listed in VI-B advising of interest in attending the pre-proposal conference and number of representatives to attend. . The notice should include all contact information such as firm name, person to contact, their title, telephone number, fax number, mailing address, business address and name of the firm. Any requests for information concerning the RFP whether submitted before or after the pre-proposal conference, must be in writing, and any substantive replies will be issued as written addenda to be posted on the Port of San Francisco website: www.sfport.com or Office of Contract Administration website: http:/www.ci.sf.ca.us/purchase/. Questions raised at the pre-proposal conference may be answered orally. If any substantive new information is provided in response to questions raised at the pre-proposal conference, it will also be memorialized in a written addendum to this RFP. No questions or requests for interpretation will be accepted after August 15, 2008.

B. Contract Award

The Port of San Francisco will select a proposer with whom Port of San Francisco staff shall commence contract negotiations. The selection of any proposal shall not imply acceptance by the City of all terms of the proposal, which may be subject to further negotiations and approvals before the City may be legally bound thereby. If a selected respondent does not meet the contract and insurance submittal requirements within the time period of seven (7) business days from the Notice of Intent to Award, the Port may automatically terminate negotiations and proceed with contract negotiations with the next highest ranked respondent based upon ranking in the selection process.

If a satisfactory contract cannot be negotiated within 30 days from the Notice of Award the Port of San Francisco, in its sole discretion, may terminate negotiations with the highest ranked proposer and begin contract negotiations with the next highest ranked proposer. In the event that the Port finds it necessary to terminate negotiations with a firm noticed with the intent to award a contract or after given a Notice of Award, the Port, in its sole discretion, may select another firm and may proceed against the original selectee for damages. The Port reserves the right to award a contract from this process in whole, part or not at all. However, it is the Port’s intent to award the contract in phases with contract amendments to add subsequent phases as deemed appropriate by the Port.


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VI. Terms and Conditions for Receipt of Proposals A. Errors and Omissions in RFP Respondents to the RFP are responsible for reviewing all portions of this RFP, including addendums posted on the Port of San Francisco and Office of Contract Administration websites. Prospective respondents are to promptly notify the Port of San Francisco, in writing, if the prospective respondent discovers any ambiguity, discrepancy, omission, or other error in the RFP. Any such notification should be directed to the Port promptly after discovery, but in no event later than five working days prior to the date for receipt of proposals. Modifications and clarifications will be made by addenda as provided below. B. Inquiries Regarding RFP Inquiries regarding the RFP and all oral notifications of intent to request written modification or clarification of the RFP must be directed to: Norma Nelson, Contract Manager Port of San Francisco Pier 1 – The Embarcadero San Francisco, Ca. 94111

[email protected] C. Objections to RFP Terms Should a prospective respondent object on any ground to any provision or legal requirement set forth in this RFP, the prospective respondent must, not more than ten calendar days after the RFP is issued, provide written notice to the Port of San Francisco setting forth with specificity the grounds for the objection. The failure of a prospective respondent to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection. D. Change Notices The Port of San Francisco may modify the RFP prior to the proposal due date by issuing a written addendum to the RFP or change notice. All addenda will be posted on the Port's website: www.sfport.com or the Office of Contract Administration website: http://www.ci.sf.ca.us/purchase/. The prospective respondent shall be responsible for ensuring that its proposal reflects any and all Change Notices issued by the Port of San Francisco prior to the proposal due date regardless of when the proposal is submitted. Therefore, the City recommends that prospective respondents consult the aforementioned websites frequently, including shortly before the proposal due date to determine if the prospective respondent has downloaded all Addenda/Change Notices. E. Term of Proposal Submission of a proposal signifies that the proposed services and prices are valid for 120 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. F. Revision of Proposal


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A proposer (respondent) may revise a proposal on the proposer’s own initiative at any time before the deadline for submission of proposals. The proposer must submit the revised proposal in the same manner as the original. A revised proposal must be received on or before the proposal due date. In no case will a statement of intent to submit a revised proposal, or commencement of a revision process, extend the proposal due date for any proposer. At any time during the proposal evaluation process, the Department may require a proposer to provide oral or written clarification of its proposal. The Department reserves the right to make an award without further clarifications of proposals received. G. Errors and Omissions in Proposal Failure by the Port of San Francisco to object to an error, omission, or deviation in the proposal will in no way modify the RFP or excuse the vendor from full compliance with the specifications of the RFP or any contract awarded pursuant to the RFP. H. Financial Responsibility The Port of San Francisco/City accepts no financial responsibility for any costs incurred by a firm in responding to this RFP. Submissions of the RFP will become the property of the City and may be used by the City in any way deemed appropriate. I. Proposer’s Obligations under the Campaign Reform Ordinance Proposers must comply with Section 1.126 of the S.F. Campaign and Governmental Conduct Code, which states: No person who contracts with the City and County of San Francisco for the rendition of personal services, for the furnishing of any material, supplies or equipment to the City, or for selling any land or building to the City, whenever such transaction would require approval by a City elective officer, or the board on which that City elective officer serves, shall make any contribution to such an officer, or candidates for such an office, or committee controlled by such officer or candidate at any time between commencement of negotiations and the later of either (1) the termination of negotiations for such contract, or (2) three months have elapsed from the date the contract is approved by the City elective officer or the board on which that City elective officer serves. If a proposer is negotiating for a contract that must be approved by an elected local officer or the board on which that officer serves, during the negotiation period the proposer is prohibited from making contributions to:

• the officer’s re-election campaign • a candidate for that officer’s office • a committee controlled by the officer or candidate.

The negotiation period begins with the first point of contact, either by telephone, in person, or in writing, when a contractor approaches any city officer or employee about a particular contract, or a city officer or employee initiates communication with a potential contractor about a contract. The negotiation period ends when a contract is awarded or not awarded to the contractor. Examples of initial contacts include: (1) a vendor contacts a city officer or employee to promote himself or herself as a candidate for a contract; and (2) a city officer or employee contacts a contractor to propose that the contractor apply for


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a contract. Inquiries for information about a particular contract, requests for documents relating to a Request for Proposal, and requests to be placed on a mailing list do not constitute negotiations. Violation of Section 1.126 may result in the following criminal, civil, or administrative penalties:

1. Criminal. Any person who knowingly or willfully violates section 1.126 is subject to a fine of up to $5,000 and a jail term of not more than six months, or both.

2. Civil. Any person who intentionally or negligently violates section 1.126 may be held liable

in a civil action brought by the civil prosecutor for an amount up to $5,000. 3. Administrative. Any person who intentionally or negligently violates section 1.126 may be

held liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter for an amount up to $5,000 for each violation.

For further information, proposers should contact the San Francisco Ethics Commission at (415) 581-2300. J. Sunshine Ordinance In accordance with S.F. Administrative Code Section 67.24(e), contractors’ bids, responses to RFPs and all other records of communications between the City and persons or firms seeking contracts shall be open to inspection immediately after a contract has been awarded. Nothing in this provision requires the disclosure of a private person’s or organization’s net worth or other proprietary financial data submitted for qualification for a contract or other benefits until and unless that person or organization is awarded the contract or benefit. Information provided which is covered by this paragraph will be made available to the public upon request. K. Public Access to Meetings and Records If a proposer is a non-profit entity that receives a cumulative total per year of at least $250,000 in City funds or City-administered funds and is a non-profit organization as defined in Chapter 12L of the S.F. Administrative Code, the proposer must comply with Chapter 12L. The proposer must include in its proposal (1) a statement describing its efforts to comply with the Chapter 12L provisions regarding public access to proposer’s meetings and records, and (2) a summary of all complaints concerning the proposer’s compliance with Chapter 12L that were filed with the City in the last two years and deemed by the City to be substantiated. The summary shall also describe the disposition of each complaint. If no such complaints were filed, the proposer shall include a statement to that effect. Failure to comply with the reporting requirements of Chapter 12L or material misrepresentation in proposer’s Chapter 12L submissions shall be grounds for rejection of the proposal and/or termination of any subsequent Agreement reached on the basis of the proposal. L. Reservations of Rights by the City The issuance of this RFP does not constitute an agreement by the City that any contract will actually be entered into by the City. The City expressly reserves the right at any time to:

1. Waive or correct any defect or informality in any response, proposal, or proposal procedure; 2. Reject any or all proposals; 3. Reissue a Request for Proposals; 4. Prior to submission deadline for proposals, modify all or any portion of the selection

procedures, including deadlines for accepting responses, the specifications or requirements


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for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the proposals;

5. Procure any materials, equipment or services specified in this RFP by any other means; or 6. Determine that no project will be pursued.

M. No Waiver

No waiver by the City of any provision of this RFP shall be implied from any failure by the City to recognize or take action on account of any failure by a proposer to observe any provision of this RFP. N. Local Business Enterprise Goals and Outreach

1.1 Subcontracting Goal

a) Starting September 1, 2006, the City and County of San Francisco implemented chapter 14B ''Local Business Enterprise and Non-Discrimination in Contracting Ordinance'' of the San Francisco Administrative Code. According to the Local Business Enterprise Ordinance, a subcontracting goal must be established for every contract on a case-by-case basis.

The LBE subconsultant participation goal for this contract is 20 percent of the total value of the services to be procured.

b) Pursuant to Sec. 14B.9 of the Administrative Code, proposers are hereby advised that the

availability of Minority Business Enterprises (MBE), Woman Business Enterprises (WBE) and Other Business Enterprises (OBE) to perform subcontract work on this project is as follows:

13 % MBE; 4% WBE; 3% OBE. Proposers are further advised that they may not discriminate in the selection of subconsultants on the basis of race, gender, or any other basis prohibited by law, and that they shall undertake all required good faith outreach steps in such a manner as to ensure that neither MBEs nor WBEs nor OBEs are unfairly or arbitrarily excluded from the required outreach.

c) Only Human Rights Commission certified LBEs can be utilized to comply with the subconsulting goal.

d) The City will monitor the amounts paid to verify compliance throughout the life of the contract.

Each firm responding to this solicitation shall demonstrate in its response that it has used good-faith outreach to select LBE subconsultants as set forth in S.F. Administrative Code §§14B.8 and 14B.9, and shall identify the particular LBE subconsultants solicited and selected to be used in performing the contract. For each LBE identified as a subconsultant, the response must specify the value of the participation as a percentage of the total value of the goods and/or services to be procured, the type of work to be performed, and such information as may reasonably be required to determine the responsiveness of the proposal. LBEs identified as subconsultants must be certified with the San Francisco Human Rights Commission at the time the proposal is submitted, and must be contacted by the proposer (prime contractor) prior to listing them as subconsultants in the proposal. Any proposal that does not meet the requirements of this paragraph will be non-responsive.

In addition to demonstrating that it will achieve the level of subconsulting participation required by the contract, a proposer shall also undertake and document in its submittal the good faith efforts


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required by Chapter 14B.8(C)&(D) and HRC Attachment 2, Requirements for Architecture, Engineering and Professional Services Contracts. Proposals which fail to comply with the material requirements of S.F. Administrative Code §§14B.8 and 14B.9, HRC Attachment 2 and this RFP will be deemed non-responsive and will be rejected. During the term of the contract, any failure to comply with the level of LBE subconsultant participation specified in the contract shall be deemed a material breach of contract. Subconsulting goals can only be met with HRC-certified LBEs located in San Francisco. An LBE participating as a prime consultant or prime consultant Joint Venture partner cannot be counted in meeting the subconsulting goal.

e) Questions regarding the subconsultant participation goal for this contract may be directed to the

HRC contract compliance officer at the following address:

Selormey Dzikunu Human Rights Commission c/o Port of San Francisco Pier 1, The Embarcadero San Francisco, CA 94111 (415) 274-0511.

1.2 References

Chapters 12B and 14B of the San Francisco Administrative Code and the implementing

rules and regulations are incorporated herein by reference and made a part of the Contract. Copies of these documents are available upon request at the HRC Office, and at the Web at http://www.sfgov.org/site/sfhumanrights_index.asp

1.3. LBE Participation

The City strongly encourages proposals from qualified LBEs. Pursuant to Chapter 14B, the following rating discount will be in effect for the award of this project for any proposers who are certified by HRC as a LBE, or joint ventures where the joint venture partners are in the same discipline and have the specific levels of participation as identified below. Certification applications may be obtained by calling HRC at (415) 252-2500. The rating discount applies at each phase of the selection process. The application of the rating discount is as follows:

(1) A 10% discount to an LBE; or a joint venture between or among LBEs; or (2) A 5% discount to a joint venture with LBE participation that equals or exceeds 35%,

but is under 40%; or (3) A 7.5% discount to a joint venture with LBE participation that equals or exceeds 40%; or (4) A 10% discount to a certified non-profit entity. If applying for a rating discount as a joint venture: The LBE must be an active partner in the joint venture and perform work, manage the job and take financial risks in proportion to the required level of participation stated in the proposal, and must be responsible for a clearly defined portion of the work to be performed and share in the ownership, control, management responsibilities, risks, and profits of the joint venture. The portion of the LBE joint venture’s work shall be set forth in detail separately from the work to be performed by


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the non-LBE joint venture partner. The LBE joint venture’s portion of the contract must be assigned a commercially useful function.

1.4 HRC Forms to be Submitted with Proposal (1) All proposals submitted must include the following Human Rights Commission (HRC) Forms contained in the HRC Attachment 2:

1) HRC Contract Participation Form 2A 2) HRC “Good Faith Outreach” Requirements Form 2B 3) HRC Non-Discrimination Affidavit Form 3 4) HRC Joint Venture Form 4 (if applicable), and 5) HRC Employment Form 5.

If these forms are not returned with the proposal, the proposal may be determined to be non-responsive and may be rejected. (2) Please submit only two copies of the above forms with your proposal. The forms should be placed in a separate, sealed envelope labeled HRC Forms. If you have any questions concerning the HRC Forms, you may call Selormey Dzikunu, the Human Rights Commission Contract Compliance Officer for the Port of San Francisco at (415) 274-0511.


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VII. City Contract Requirements A. Standard Contract Provisions The successful respondent to this RFP will be required to enter into a contract substantially in the form of the Agreement for Professional Services, attached hereto as Appendix C. Failure to timely execute the contract, or to furnish any and all insurance certificates and policy endorsement, surety bonds or other materials required in the contract, shall be deemed an abandonment of a contract offer. The City, in its sole discretion, may select another firm and may proceed against the original selectee for damages. Respondents to this RFP are urged to pay special attention to the requirements of Administrative Code Chapters 12B and 12C, Nondiscrimination in Contracts and Benefits, (§34. Nondiscrimination; Penalties in the Agreement); the Minimum Compensation Ordinance (§43 Requiring Minimum Compensation for Covered Employees in the Agreement); the Health Care Accountability Ordinance (§44 Requiring Health Benefits for Covered Employees in the Agreement); the First Source Hiring Program (§45 First Source Hiring Program in the Agreement); and applicable conflict of interest laws (§23 Conflict of Interest in the Agreement), as set forth in paragraphs B, C, D, E and F below. B. Nondiscrimination in Contracts and Benefits

The successful respondent to this RFP will be required to agree to comply fully with and be bound by the provisions of Chapters 12B and 12C of the San Francisco Administrative Code. Generally, Chapter 12B prohibits the City and County of San Francisco from entering into contracts or leases with any entity that discriminates in the provision of benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of employees. The Chapter 12C requires nondiscrimination in contracts in public accommodation. Additional information on Chapters 12B and 12C is available on the HRC’s website at: http://www.sfgov.org/site/sfhumanrights_index.asp.

C. Minimum Compensation Ordinance (MCO) The successful respondent to this RFP will be required to agree to comply fully with and be bound by the provisions of the Minimum Compensation Ordinance (MCO), as set forth in S.F. Administrative Code Chapter 12P. Generally, this Ordinance requires contractors to provide employees covered by the Ordinance who do work funded under the contract with hourly gross compensation and paid and unpaid time off that meet certain minimum requirements. For the contractual requirements of the MCO, see §43 Requiring Minimum Compensation for Covered in the Agreement. For the amount of hourly gross compensation currently required under the MCO, see www.sfgov.org/olse/mco. Note that this hourly rate may increase on January 1 of each year and that contractors will be required to pay any such increases to covered employees during the term of the contract. Additional information regarding the MCO is available on the web at www.sfgov.org/olse/mco. D. Health Care Accountability Ordinance (HCAO)


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The successful respondent to this RFP will be required to agree to comply fully with and be bound by the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in S.F. Administrative Code Chapter 12Q. Contractors should consult the San Francisco Administrative Code to determine their compliance obligations under this chapter. Additional information regarding the HCAO is available on the web at www.sfgov.org/olse/hcao. E. First Source Hiring Program (FSHP) If the contract is for more than $50,000, then the First Source Hiring Program (Admin. Code Chapter 83) may apply. Generally, this ordinance requires contractors to notify the First Source Hiring Program of available entry-level jobs and provide the Workforce Development System with the first opportunity to refer qualified individuals for employment. Contractors should consult the San Francisco Administrative Code to determine their compliance obligations under this chapter. Additional information regarding the FSHP is available on the web at www.sfgov.org/moed/fshp.htm and from the First Source Hiring Administrator, (415) 401-4960. F. Conflict of Interest The successful proposer will be required to agree to comply fully with and be bound by the applicable provisions of state and local laws related to conflicts of interest, including Section 15.103 of the City's Charter, Article III, Chapter 2 of City’s Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California. The successful proposer will be required to acknowledge that it is familiar with these laws; certify that it does not know of any facts that constitute a violation of said provisions; and agree to immediately notify the City if it becomes aware of any such fact during the term of the Agreement. Individuals who will perform work for the City on behalf of the successful proposer might be deemed consultants under state and local conflict of interest laws. If so, such individuals will be required to submit a Statement of Economic Interests, California Fair Political Practices Commission Form 700, to the City within ten calendar days of the City notifying the successful proposer that the City has selected the proposer.

G. Insurance Requirements Within seven (7) business days after Notice of Intent to Award a Contract, the recommended top ranked firm and alternate (next top ranked firm may be asked) must provide requisite documentation of compliance with the following requirements.

a. The firm awarded the contract from this RFP must maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages:

(1) Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less than $1,000,000 each accident, injury, or illness; and

(2) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and


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(3) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned and Hired auto coverage, as applicable.

(4) Professional liability insurance with limits not less than $1,000,000 each claim with respect to negligent acts, errors or omissions in connection with professional services to be provided under this Agreement.

b. Commercial General Liability and Commercial Automobile Liability Insurance policies must

provide the following:

(1) Name as Additional Insured shall be the City and County of San Francisco, Port of San Francisco, its Officers, Agents and Employees. The Contractor shall submit an additional insured policy endorsement in the form of ISO 2010 (11/85) or its equivalent.

(2) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought.

c. All policies shall provide thirty (30) days’ advance written notice to City of reduction or nonrenewal of coverages or cancellation of coverages for any reason. Notices shall be sent to the following address:

Port of San Francisco Pier 1 San Francisco, CA. 94111 Attention: Contract Manager

d. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the contract term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies. e. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above. f. Should any required insurance lapse during the term of this Agreement, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance. g. Before commencing any operations under this Agreement, Contractor shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.


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h. Approval of the insurance by City shall not relieve or decrease the liability of Contractor hereunder.

H. Business Tax Registration

In accordance with City and County of San Francisco Ordinance 345-88, all firms conducting business with the Port are required to maintain a valid business tax registration number. A Notice of Intent to Award can not be issued to any firm that does not a valid business tax registration number or a least has applied for such a number by the schedule date for issuance of the Notice of Intent to Award. Prospective Respondents to this RFP may contact the Tax Collector’s office at (415) 554-4470 to confirm the validity of or apply for a valid business tax registration number. Each prospective respondent must provide a taxpayer federal identification number as well.

I. Signature Requirements

An unsigned or improperly signed proposal will be rejected. A proposal may be signed by an agent of the Respondent to this RFP if he/she is properly authorized by a power of attorney or equivalent document submitted to the Port prior to the submission of the proposal or with the proposal to bind the proposal.


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VIII. Protest Procedures A. Protest of Non-Responsiveness Determination Within five working days of the City's issuance of a notice of non-responsiveness, any firm that has submitted a proposal and believes that the City has incorrectly determined that its proposal is non-responsive may submit a written notice of protest. Such notice of protest must be received by the City on or before the fifth working day following the City's issuance of the notice of non-responsiveness. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the proposer, and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the City to determine the validity of the protest. B. Protest of Contract Award Within five working days of the City's issuance of a notice of intent to award the contract, any firm that has submitted a responsive proposal and believes that the City has incorrectly selected another proposer for award may submit a written notice of protest. Such notice of protest must be received by the City on or before the fifth working day after the City's issuance of the notice of intent to award. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the proposer, and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the City to determine the validity of the protest. C. Delivery of Protests All protests must be received by the due date. If a protest is mailed, the protestor bears the risk of non-delivery within the deadlines specified herein. Protests should be transmitted by a means that will objectively establish the date the City received the protest. Protests or notice of protests made orally (e.g., by telephone) will not be considered. Protests must be delivered to: Norma Nelson Port of San Francisco

Pier 1 – The Embarcadero San Francisco, Ca 94111