COUNTY OF ALAMEDA PROFESSIONAL SERVICES REQUEST FOR QUALIFICATIONS #3056 ****** SPECIFICATIONS, TERMS & CONDITIONS FOR DMA 2000 MITIGATION PLANNING

Transcription

1 COUNTY OF ALAMEDA PROFESSIONAL SERVICES REQUEST FOR QUALIFICATIONS #3056 ****** SPECIFICATIONS, TERMS & CONDITIONS FOR DMA 2000 MITIGATION PLANNING NETWORKING AND INFORMATION CONFERENCES At First Networking and Info Conference on Monday, July 11, :00 pm At GSA, Conf. Rm Lakeside Drive Oakland, CA Second Networking and Info Conference on Tuesday, July 19, am At Public Hearing Room, 1 st Floor 224 W. Winton Avenue Hayward, CA RESPONSE DUE 2:00 p.m. on Wednesday, August 10, 2005 at County of Alameda GSA-TSD 1401 Lakeside Drive, Suite 800, Oakland, CA 94612

2 COUNTY OF ALAMEDA PROFESSIONAL SERVICES REQUEST FOR STATEMENT OF QUALIFICATIONS SPECIFICATIONS, TERMS & CONDITIONS For DMA 2000 Mitigation Planning TABLE OF CONTENTS Page 1 Page I. ACRONYM AND TERM GLOSSARY...1 II. III. IV. STATEMENT OF WORK A. Project Description and Overview...1 B. Scope of Services...2 C. Time of Services/Project Schedule...3 D. Other County Requirements...3 INSTRUCTIONS TO APPLICANTS A. County Contacts...3 B. Calendar of Events...4 C. Networking/RFQ Conferences...4 D. Submittal of Responses...5 E. Response Format...7 F. Response Content/Submittals...7 G. Evaluation Criteria/Evaluation Committee...8 H. Notice of Award I. Protest/Appeals Process TERMS AND CONDITIONS A. Award B. Method of Contracting C. County Provisions V. STANDARD ATTACHMENTS Exhibit A Acknowledgement Exhibit B Not Used Exhibit C Insurance Requirements Exhibit D Not Used Exhibit E SLEB Certification Application Package Exhibit F Small and Local Business Partnering Exhibit G Not Used Exhibit H First Source Agreement Exhibit I Exceptions, Clarifications, Amendments Exhibit J Draft Professional Services Agreement Exhibit K Proposal Evaluation Form

3 I. ACRONYM AND TERM GLOSSARY DMA 2000 MITIGATION PLANNING RFQ Unless otherwise noted, the terms below may be upper or lower case. Acronyms will always be uppercase. ABAG Association of Bay Area Governments Applicant Shall mean specific person or firm responding to this RFQ BMD Building Maintenance Department in the Alameda County General Services Agency Board Shall refer to the County of Alameda Board of Supervisors CDA Community Development Agency of Alameda County Consultant When capitalized, shall refer to the selected firm that is awarded a contract County When capitalized, shall refer to the County of Alameda DBA Shall mean Doing Business As DMA 2000 Shall refer to the Disaster Mitigation Act of 2000 EC Shall refer to County s Evaluation Committee Federal Refers to United States Federal Government, its departments and/or agencies FEMA Federal Emergency Management Agency F.O.B Shall mean without charge for delivery to destination and placing on board a carrier at a specified point (Free On Board) GIS Shall mean Geographic Information Systems GSA The General Services Agency of Alameda County IRS Refers to Internal Revenue Service Labor Code Refers to California Labor Code LHMP Local Hazard Mitigation Plan MC Mitigation Consultant MJMP Multi-Jurisdictional Mitigation Plan OES Refers to California State Office of Emergency Services OSHA Refers to California Occupational Safety and Health Administrations Applicant Shall mean specific person or firm responding to this RFQ PO Shall refer to Purchase Order(s) Submittal Shall mean applicant s response to this RFQ Request for Qualifications Shall mean this document, which is the County of Alameda s request for consultants Statement of Qualifications being solicited herein. Also referred herein as RFQ Response Shall refer to consultant s Statement of Qualifications submitted in reply to this RFQ RFP Request for Proposal RFQ Request for Qualifications SF Standard Form SLEB Small Local Emerging Business SOQ Statement of Qualifications, which is submitted in reply to this RFQ State TSD Refers to State of California, its departments and/or agencies Technical Services Department in the Alameda County General Services Agency (Rev. 3/14/05) Page 1 of 21

4 DMA 2000 MITIGATION PLANNING RFQ II. STATEMENT OF WORK AND SCOPE OF SERVICES A. PROJECT DESCRIPTION AND OVERVIEW: DMA 2000 Background: DMA 2000 requires local governments to develop and adopt pre-disaster mitigation plans in order to minimize property damage and the risk to public health and safety that might otherwise result from the effects of a natural or man-made disaster. To implement DMA 2000 planning requirements, FEMA published Interim Final Rules (IFR s) in the Federal Register on February 26, 2002 and October 1, These IFR s established the planning procedures, content requirements, due dates, and review criteria to be used by local governments when preparing their mitigation plans. Alameda County Background: Alameda County, with its 14 cities and unincorporated areas, is comprised of 813 square miles and a population of 1.4 million. Located on the east side of San Francisco Bay, it has experienced its share of disasters, including the Loma Prieta Earthquake of 1989 and the Oakland Hills Fire Storm of The County currently owns and occupies approximately 6.3 million square feet of office and institutional space, leases another 1.3 million, and also owns, operates, and maintains bridges, dams, and other infrastructure. Currently, the Association of Bay Area Governments is developing a Multi- Jurisdictional Mitigation Plan (MJMP) for the Bay Area which the County is participating in. For more information on Alameda County, visit our website at To learn more about ABAG and their MJMP, visit their website at B. SCOPE OF SERVICES The Scope of Work may include the following general tasks associated with the delivery of a FEMA-approved mitigation plan: 1. Facilitation of County-specific task force meetings and activities; 2. Planning and facilitation of County-specific public participation activities; 3. Coordination with ABAG sufficient to develop a project schedule for the County-specific plan that dovetails with ABAG events, schedule, and milestones; 4. Attendance at ABAG mitigation events and meetings; 5. Development and incorporation of the County-specific plan into the ABAG MJMP; 6. Review of relevant County documents, plans, and GIS data and incorporation of same into the planning process. 7. Research of, and application to, potential funding sources for mitigation grants. 8. Risk assessments, including hazard identification and profiling of natural hazards common to Alameda County, assessments of vulnerabilities, and estimates of potential losses; 9. Development of the Mitigation Plan, including process documentation, capability assessment, development of mitigation goals, identification and analysis of mitigation measures, writing and reviewing plan drafts; (Rev. 3/14/05) Page 2 of 21

5 DMA 2000 MITIGATION PLANNING RFQ 10. Incorporate review comments from County staff, ABAG, OES, and FEMA into the plan as necessary to complete it in compliance with DMA 2000 and FEMA requirements. Final deliverable: a County-specific multi-hazard mitigation plan incorporated into, and coordinated with, the ABAG MJMP that is approved by the California State OES and FEMA. C. TIME OF SERVICES/PROJECT SCHEDULE The County anticipates the following general schedule/milestones (These dates may change at the County s discretion): October 2005 November 2005 December 2005 January 2005 March 2006 April 2006 Contract Start Date/Organize Resources Assess Risks Develop the Mitigation Plan FEMA Review and Approval. Note that these dates are approximations and may change due to project coordination with ABAG and/or County s decisions regarding planning matters. The selected firm shall provide a schedule which demonstrates achievement of services within this general time frame, but allows for modification of intermediate dates to fit the proposing firm s methodology. D. OTHER COUNTY REQUIREMENTS 1. Local Participation: Note that it is a requirement for award that all contracts such as this one include local (defined as Alameda County based) businesses to the maximum extent possible consistent with the nature of the services to be provided. In summary, the County s Small Local and Emerging Business (SLEB) Program requires that to be awarded this contract the lead firm must be a SLEB or, if the lead firm is not a SLEB, the lead firm must partner with SLEBs to the maximum extent reasonable and possible, with a minimum of 20% SLEB participation required. Please note detailed provisions in IV.C, of this RFQ. III. INSTRUCTIONS TO APPLICANTS A. COUNTY CONTACTS The General Services Agency (GSA) is managing the RFQ/SOQ process for this project on behalf of the County. All contact during the competitive process is to be through GSA only. (Rev. 3/14/05) Page 3 of 21

6 DMA 2000 MITIGATION PLANNING RFQ The evaluation phase of the RFQ/SOQ process shall begin upon receipt of SOQ s until a contract has been awarded. Applicants shall not contact or lobby evaluators during the evaluation process. Attempts by Applicants to contact evaluators may result in disqualification of Applicant. All questions regarding these specifications, terms and conditions are to be submitted in writing, preferably via , by 2 PM on July to: Michael E. Cadrecha, Architect County of Alameda GSA-TSD 1401 Lakeside Drive, Suite 800, Oakland, CA michael.cadrecha@acgov.org FAX: The GSA Contracting Opportunities website will be the official notification posting place of all Request for Qualifications and Addenda. Go to to view current contracting opportunities. B. CALENDAR OF EVENTS Event Date/Location RFQ Issued Wednesday, June 22, 2005 Written Questions Due BY 2:00 p.m. on Thursday, July 7, 2005 Networking/RFQ Conference 1 Monday, July 11, :00 p.m. LOCATION: GSA Conf. Rm. 201, Second Floor 1401 Lakeside Drive, Second Networking/RFQ Conference 2 Tuesday, July 19, a.m. Oakland, CA LOCATION: County Office Building Public Hearing Room, 1 st Floor (Rm. 160), 224 W. Winton Avenue Hayward, CA Addendum Issued Thursday, July 21, 2005 Response Due Wednesday, August 10, 2005 NO LATER THAN 2:00 p.m. Evaluation Period August 11 through August 25, 2005 Notification of Short List Friday, August 26, 2005 Oral Presentation/Interviews Thursday, September 1, 2005 Board Letter Issued Friday, October 7, 2005 Board Award Date Tuesday, October 18, 2005 Contract Start Date Monday, October 24, 2005 (approximately) Note: Award and start dates are approximate. It is the responsibility of each Applicant to be familiar with all of the specifications, terms and conditions of this RFQ. By the submission of a SOQ, Applicant certifies (Rev. 3/14/05) Page 4 of 21

7 DMA 2000 MITIGATION PLANNING RFQ that if awarded a contract they will make no claim against the County based upon ignorance of conditions or misunderstanding of the specifications. C. NETWORKING/RFQ CONFERENCE NOTE: Applicants are required to attend at least one of the Networking/RFQ Conferences in order to be eligible to submit an SOQ. Two (2) networking/rfq conference(s) will be held to: Provide an opportunity for small and local and emerging businesses (SLEBs) and large firms to network and develop partnering relationships in order to participate in the contract(s) that may result from this RFQ. Provide an opportunity for Applicants to ask specific questions about the project and request RFQ clarification. Provide Applicants an opportunity to receive documents, etc. necessary to respond to this RFQ. Provide the County with an opportunity to receive feedback regarding the project and RFQ. Written questions submitted prior to the networking conference(s), in accordance with the Calendar of Events, and verbal questions received at the networking conference(s), will be addressed whenever possible at the networking conference(s). All questions will be addressed and the list of attendees will be included in an RFQ Addendum following the networking/rfq conference(s) in accordance with the Calendar of Events. Applicants are required to attend at least one of the Networking Conference(s) in order to be eligible to submit an SOQ. Networking/RFQ conference(s) will be held on: FIRST Monday, July 11, 2005, 2:00 pm At Alameda County, General Services Agency Conference Room 201, 2 nd Floor 1401 Lakeside Drive Oakland, CA Additional Information: Please allow enough time for parking at metered street parking or public parking lot and entry into secure building. SECOND Tuesday, July 19, :00 am. At Alameda County Office Building Public Hearing Room (Rm. 160), 1 st Floor 224 W. Winton Avenue Hayward, CA Additional Information: Please allow enough time for parking at metered street parking or public parking lot and entry into secure building; Paid parking is available at the adjacent County on-site parking lot & garage. D. SUBMITTAL OF RESPONSES (Rev. 3/14/05) Page 5 of 21

8 DMA 2000 MITIGATION PLANNING RFQ 1. All SOQ s must be received at the Office of Alameda County GSA-TSD NO LATER THAN 2:00 p.m. on the due date specified in the Calendar of Events. NOTE: LATE SOQs CANNOT BE ACCEPTED. IF HAND DELIVERING SOQs PLEASE ALLOW TIME FOR METERED STREET PARKING OR PARKING IN AREA PUBLIC PARKING LOTS AND ENTRY INTO SECURE BUILDING. SOQ s will be received only at the address shown below, and by the time indicated in the Calendar of Events. Any SOQ s received after said time and/or date or at a place other than the stated address cannot be considered and will be returned to the Applicant unopened. All SOQ s, whether delivered by an employee of Applicant, U.S. Postal Service, courier or package delivery service, must be received and time stamped at the stated address prior to the time designated. The GSA-TSD timestamp shall be considered the official timepiece for the purpose of establishing the actual receipt of SOQ s. 2. SOQ s are to be addressed and delivered as follows: DMA 2000 Mitigation Planning Michael E. Cadrecha, Architect County of Alameda GSA-TSD 1401 Lakeside Drive, Suite 800, Oakland, CA michael.cadrecha@acgov.org FAX: Applicant name and return address must also appear on the mailing package. 4. No telegraphic, or facsimile SOQ s will be considered. 5. By submission of its SOQ, Applicant agrees and acknowledges all RFQ specifications, terms and conditions and indicates ability to perform. 6. All costs required for the preparation and submission of a SOQ shall be borne by Applicant. 7. Only one SOQ will be accepted from any one person, partnership, corporation, or other entity. 8. It is the responsibility of the applicants to clearly identify information in their SOQ s that they consider to be confidential under the California Public Records Act. To the extent that the County agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. (Rev. 3/14/05) Page 6 of 21

9 DMA 2000 MITIGATION PLANNING RFQ 9. All other information regarding the SOQ s will be held as confidential until such time as the County Evaluation Committee has completed their evaluation and, or if, an award has been made. Applicants will receive mailed award/nonaward notification(s), which will include the name of the applicant to be awarded this project. In addition, award information will be posted on the County s Contracting Opportunities website, mentioned above. 10. Each SOQ received, with the name of the applicant, shall be entered on a record, and each record with the successful SOQ indicated thereon shall, after the award of the order or contract, be open to public inspection. E. RESPONSE FORMAT 1. SOQ s are to be straightforward, clear, concise and specific to the information requested. Submit in 8-1/2 x 11 format one (1) original plus four (4) copies of the SOQ. The entire submittal package shall be bound and limited to approximately 100 pages. Faxed submittals will not be accepted. Submittals shall contain only material directly related to response to requirements, not general marketing material. Organize your information under tabs in the same order delineated below under Response Content. 2. In order for SOQ s to be considered complete, applicant must provide all information requested. F. RESPONSE CONTENT/SUBMITTALS 1. SOQ s must be signed in ink. The signatures of all persons required under the applicable organizational documents in order to bind the Applicant must be on the SOQ. Provide applicable signature documentation pursuant to Applicant s organizational structure verifying the authority of the person signing the SOQ on behalf of the Applicant. 2. The SOQ shall include the following information organized under tabs in this order: a. Cover Letter of Interest. b. Firm History. c. Recent Work performed on similar projects. d. References: Provide one to three references for clients/projects which are similar to this one and who can attest to Applicant s team performance. Provide name, contact address and telephone number, with brief description of the project. The County prefers completed projects, but one may be ongoing. e. Résumé s of your Principle-in-Charge and key personnel who will be managing and performing the work. f. Standard Hourly Billing Rate Sheet, including rate fee schedules for your office and each key consultant indicating the job classifications for the proposed staff intended to work on the project. g. Insurance Certificates, per the requirements in Exhibit C. (Rev. 3/14/05) Page 7 of 21

10 DMA 2000 MITIGATION PLANNING RFQ h. Litigation: Indicate if your firm has been involved with any litigation in connection with your prior planning projects. If yes, briefly describe the nature of the litigation and the result. i. SLEB certificates, if any, or an explanation of status in this regard. 3. Exhibits/Attachments Applicants shall include in their submittal completed and signed documentation for all listed Exhibits, including any attachments required by the Exhibit. Any material deviation from these requirements may be cause for rejection of the SOQ, as determined in the County s sole discretion. The content and sequence for each required document shall be as follows: Exhibit A Acknowledgement, signed Exhibit C Insurance Requirements Exhibit E SLEB Certification Application Package, completed, signed, required documentation attached (if applicable) Exhibit F - Small Local Emerging Business (SLEB) Partnering Information Sheet, completed and signed Exhibit H, First Source Agreement, completed and signed Exhibit I, Exceptions, Clarifications and Amendments Form, completed and signed. Any exceptions, clarifications and amendments should also address the attached Exhibits, particularly Exhibit J, Agreement (the County is under no obligation to accept any exceptions and such exceptions may be a basis for proposal disqualification). Exhibit K - Proposal Evaluation Form, fill in firm name G. EVALUATION CRITERIA/SELECTION COMMITTEE All submittals will be evaluated by the County s Evaluation Committee (EC). The EC may be composed of County staff and other parties that may have expertise or experience in the professional services described herein. The EC will review the submittals and rank the Applicants. The four (4) highest ranked Applicants will be invited for an interview in accordance with the evaluation criteria set forth below. The evaluation of the SOQ s shall be within the sole judgment and discretion of the EC. All contact during the evaluation phase shall be through the GSA-TSD Department contact only. Applicants shall neither contact nor lobby evaluators during the evaluation process. Attempts by Applicant to contact and/or influence members of the EC may result in disqualification of Applicant. The EC will evaluate each submittal meeting the qualification requirements set forth in this RFQ. Applicants should bear in mind that any submittal which is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend DMA 2000 and the County s requirements as set forth in this RFQ. (Rev. 3/14/05) Page 8 of 21

11 DMA 2000 MITIGATION PLANNING RFQ As a result of this RFQ, the County intends to interview the four (4) highest ranked applicants. However, the County reserves the right to determine the number of interviews it will conduct for this project. Following the interviews, the EC will request the highest ranked applicant to submit a fee proposal. Upon acceptance of a fee proposal and successful contract negotiations, the EC will recommend a contract be awarded. Should an agreement not be reached on a fair and reasonable fee with the highest ranked firm, the next highest ranked firm will be requested to submit a fee proposal. Each of the following Evaluation Criteria below will be used in ranking and determining the quality of the submittals. SOQs will be evaluated according to each Evaluation Criteria, and scored on a five-point scale. The scores for all the Evaluation Criteria will then be added according to their assigned weight (below) to arrive at a weighted score for each submittal. A SOQ with a high weighted total will be deemed of higher quality than a SOQ with a lesser-weighted total. The final maximum score for any SOQ is five hundred (500) points. Submittals will be evaluated, graded, and ranked according to the following weighted criteria: 1. Proposed project team, including key personnel qualifications demonstrating strong experience in the field of emergency management, and its status as an Alameda County SLEB, or incorporation of a SLEB as part of the consulting team (25 points); 2. Comprehensive knowledge of DMA 2000, related IFR s, guidelines published by FEMA and the California State OES, the California Environmental Quality Act, Freedom of Information Act, other applicable regulations, and a knowledge of how to integrate the Prerequisite Elements of the LHMP and MJMP Review Crosswalks into the mitigation planning process (20 points); 3. Demonstrated experience in the research of, and application for, mitigation grants (15 points); 4. A demonstrated ability to deliver a FEMA-approved mitigation plan in conformance with established project schedule and budget objectives (15 points); 5. Relevant work experience involving document preparation, public interaction, team coordination, and experience working regionally and with local jurisdictions of comparable size (10 points). 6. Oral Interviews (15 points) Each of the following Evaluation Criteria below will be used in ranking and determining the quality of the submittals, which will be evaluated according to each Evaluation Criteria, and rated on a zero to five-point scale where the range is defined as follows 0 Not Non-responsive, fails to meet RFQ specifications. The approach has (Rev. 3/14/05) Page 9 of 21

12 DMA 2000 MITIGATION PLANNING RFQ Acceptable 1 Poor 2 Fair 3 Average 4 5 Above Average/Good Excellent/ Exceptional no probability of success. For mandatory requirement this score will result in disqualification of proposal. Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving project objectives per RFQ. Has a reasonable probability of success, however, some objectives may not be met. Acceptable, achieves all objectives in a reasonable fashion per RFQ specification. This will be the baseline score for each item with adjustments based on interpretation of proposal by Evaluation Committee members. Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFQ requirements and expectations. Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFQ specification. H. NOTICE OF AWARD 1. At the conclusion of the RFQ/SOQ response evaluation process ( Evaluation Process ), all applicants will be notified in writing of the contract award recommendation. The document providing this notification is the Notice of Award. The Notice of Award will provide the following information: a) The name of the applicant being recommended for contract award; b) The names of all other applicants; and, c) In summary form, evaluation points for each applicants. 2. Debriefings for unsuccessful applicants may be scheduled and provided upon written request and will be restricted to discussion of the unsuccessful applicant s submittal with the Chair of the Evaluation Committee. a) Under no circumstances will any discussion be conducted with regard to contract negotiations with the successful applicant, etc. b) Debriefing may include review of successful applicant s submittal. I. PROPOSAL PROTEST/APPEALS PROCESS The County prides itself on the establishment of fair and competitive contracting procedures and the commitment made to following those procedures. The following is provided in the event that applicants wish to protest the submittal process or appeal the recommendation to award a contract for this project. 1. Any submittal protest must be submitted in writing to the Deputy Director of GSA - BMD, 1401 Lakeside Drive, 6 th Floor, Oakland, CA The (Rev. 3/14/05) Page 10 of 21

13 DMA 2000 MITIGATION PLANNING RFQ submittal protest must be submitted before 5:00 p.m. of the fifth (5 th ) business day following the date of the Notice of Award. a) The submittal protest must contain a complete statement of the basis for the protest. b) The protest must include the name, address and telephone number of the person representing the protesting party. c) The party filing the protest must concurrently transmit a copy of the protest and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. d) The procedure and time limits are mandatory and are the Applicant s sole and exclusive remedy in the event of Submittal Protest. 2. Applicant s failure to comply with these procedures shall constitute a waiver of any right to further pursue the Submittal Protest, including filing a Government Code claim or legal proceedings. 3. Upon receipt of written protest/appeal, the Deputy Director of GSA-BMD will review and provide an opportunity to settle the protest/appeal by mutual agreement and will schedule a meeting to discuss or issue a written response to advise an appeal/protest decision within five (5) working days of review date. a) Responses will be issued and/or discussed at least five (5) days prior to Board hearing date. b) Responses will inform the applicant whether or not the recommendation to the Board is going to change. 4. The decision of the Deputy Director, BMD may be appealed to the Director, GSA. All appeals to the Director, GSA shall be in writing and submitted within five (5) calendar days of notification to protesting party of the decision by the Deputy Director, BMD. 5. The decision of the Director, GSA is the final step of the appeal process. Appropriate action will be determined by the Director s decision. IV. TERMS AND CONDITIONS A. AWARD 1. The Evaluation Committee will recommend award to the applicant who, in its opinion, has submitted the SOQ that best serves the overall interests of the County, attains the highest overall point score, submits an acceptable fee proposal upon request and completes successful contract negotiations. (Rev. 3/14/05) Page 11 of 21

14 DMA 2000 MITIGATION PLANNING RFQ 2. The County reserves the right to reject any or all responses that materially differ from any terms contained herein or from any Exhibits attached hereto and to waive informalities and minor irregularities in responses received. 3. The County reserves the right to award to a single or multiple consultants. 4. The County has the right to decline to award this contract for any reason. 5. Board approval to award a contract is required. 6. Consultant shall sign an acceptance of award letter prior to Board approval. 7. The RFQ specifications, terms, conditions and Exhibits, RFQ Addenda and Applicant s SOQ, may be incorporated into and made a part of any contract that may be awarded as a result of this RFQ. B. METHOD OF CONTRACTING 1. A signed Professional Services Agreement will be issued upon Board approval. 2. Agreement will be faxed, transmitted electronically or mailed and shall be the only authorization for the Consultant to begin work. 3. Payments will be issued only in the name of Consultant. 4. Change orders shall be agreed upon by Consultant and County and issued as needed in writing by County. C. COUNTY PROVISIONS 1. Small, Local, and Emerging Business: A small business for purposes of this RFQ is defined by the United States Small Business Administration as having no more than Four million dollars ($4,000,000 ) in average annual gross receipts over the last three (3) years. An emerging business, as defined by the County is one having annual gross receipts of less than one-half (1/2) of the above amount over the same period of time. In order to participate herein, the small or emerging business must also satisfy the locality requirements and be certified by the County as a Small or Emerging, local business. A certification application package (consisting of Instructions, Application and Affidavit) has been attached hereto as Exhibit E and must be completed and returned by a qualifying consultant. A locally owned business, for purposes of satisfying the locality requirements of this provision, is a firm or dealer with fixed offices and having a street address within the County for at least six (6) months prior to the issue date of this RFQ; and which holds a valid business license issued by the County or a city within the County. (Rev. 3/14/05) Page 12 of 21

15 DMA 2000 MITIGATION PLANNING RFQ The County is vitally interested in promoting the growth of small and emerging local businesses by means of increasing the participation of these businesses in the County s purchase of goods and services. As a result of the County s commitment to advance the economic opportunities of these businesses the following provisions shall apply to this RFQ: a. Applicants not meeting the small or emerging local business requirements set forth above must partner, joint venture or subcontract with one or more County certified small and/or emerging local businesses for at least twenty percent (20%) of Applicant s total contract amount in order to be considered for the contract award. Applicant, in its SOQ, must submit written documentation evidencing a firm contractual commitment to meeting this minimum local participation requirement. Participation of a small and/or emerging local business must be maintained for the term of any contract resulting from this RFQ. Evidence of participation shall be provided immediately upon request at any time during the term of such contract. Consultant shall provide quarterly participation reports during the term of said contract and a final account statement at the end of the contract to the County Business Outreach Officer. The County reserves the right to waive these small/emerging local business participation requirements in this RFQ, if the additional estimated cost to the County, which may result from inclusion of these requirements, exceeds five percent (5%) of the total estimated contract amount or Ten Thousand Dollars ($10,000), whichever is less. If additional information is needed regarding this requirement, please contact Linda Moore, Business Outreach Officer, Alameda County General Services Agency, at (510) or via at linda.moore@acgov.org. 2. First Source Program: The First Source Program is a component of the SLEB Program and has been developed to create a public/private partnership that links CalWORKs job seekers, unemployed and under employed County residents to sustainable employment through the County s relationships/connections with business, including contracts that have been awarded through the competitive process, and economic development activity in the County. Welfare reform policies and the new Workforce Investment Act require that the County do a better job of connecting historically disconnected potential workers to employers. The First Source program will allow the County to create and sustain these connections. Consultants awarded contracts for goods and services for $100,000 or more as a result of this RFQ are required to provide Alameda County within ten (10) working days to refer to Consultant potential candidates to be considered by Consultant to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County and that (Rev. 3/14/05) Page 13 of 21

16 DMA 2000 MITIGATION PLANNING RFQ Consultant has available during the life of the contract before advertising to the general public. Potential candidates referred by County to Consultant will be pre-screened, qualified applicants based on Consultant s specifications. Consultant agrees to use its best efforts to fill its employment vacancies with candidates referred by County, but the final decision of whether or not to offer employment, and the terms and conditions thereof, rest solely within the discretion of the Consultant. Consultants participating in the First Source Program may be eligible for incentives, including but not limited to tax credits for employees hired, Enterprise Zone credits, and on the job training subsidy. Applicants are required to complete, sign and submit in their proposal response, the First Source Agreement that has been attached hereto as Exhibit H, whereby they agree to notify the First Source Program of job openings prior to advertising elsewhere (ten day window) in the event that they are awarded a contract as a result of this RFQ. Exhibit H will be completed and signed by County upon contract award and made a part of the final contract document. If additional information is needed regarding this requirement, please contact Linda Moore, Business Outreach Officer, Alameda County General Services Agency, at (510) or via at linda.moore@acgov.org (Rev. 3/14/05) Page 14 of 21

17 DMA 2000 MITIGATION PLANNING RFQ EXHIBIT A RFQ ACKNOWLEDGEMENT COUNTY OF ALAMEDA REQUEST FOR QUALIFICATIONS For DAM 2000 Mitigation Planning The County of Alameda is soliciting SOQ s from qualified vendors to furnish its requirements per the specifications, terms and conditions contained in the above referenced RFQ. This RFQ Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the RFQ response. Obligations assumed by such signature must be fulfilled. 1. Preparation of RFQ Responses: (a) All RFQ responses must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing proposal. No alterations or changes or any kind shall be permitted to Exhibits attached herein unless indicated otherwise in writing. Responses that do not comply shall be subject to rejection in total. 2. Failure to submit proposal: If you are not submitting a proposal but want to remain on the mailing list and receive future proposals, complete, sign and return this RFQ Acknowledgement and state the reason you are not submitting a proposal. 3. Award: (a) Unless otherwise specified by the applicant or the RFQ gives notice of an all-or-none award, the County may accept any item or group of items of any proposal. (b) Proposals are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFQ. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful applicant within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California. 4. Patent indemnity: Vendors who do business with the County shall hold the County of Alameda, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order. 5. California Government Code Section 4552: In submitting a proposal to a public purchasing body, the proposer offers and agrees that if the proposal is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the proposer for sale to the purchasing body pursuant to the proposal. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the proposer. 6. No guarantee or warranty: The County of Alameda makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order. The undersigned acknowledges receipt of above referenced RFQ and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the vendor indicated below, in accordance with the specifications, terms and conditions of this RFQ Acknowledgement. Firm: Address: State/Zip What advertising source(s) made you aware of this RFQ? By: Date Print Name Signed Above: Title: Phone (Rev. 3/14/05) Page 15 of 21

18 EXHIBIT C INSURANCE A B C D E Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following insurance coverage, limits and endorsements: TYPE OF INSURANCE COVERAGES MINIMUM LIMITS Commercial General Liability Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and Advertising Liability Commercial or Business Automobile Liability All owned vehicles, hired or leased vehicles, non-owned, borrowed and permissive uses. Personal Automobile Liability is acceptable for individual contractors with no transportation or hauling related activities Workers Compensation (WC) and Employers Liability (EL) Required for all contractors with employees Professional Liability/Errors & Omissions Includes endorsements of contractual liability Endorsements and Conditions: $1,000,000 per occurrence (CSL) Bodily Injury and Property Damage $1,000,000 per occurrence (CSL) Any Auto Bodily Injury and Property Damage WC: Statutory Limits EL: $100,000 per accident for bodily injury or disease $1,000,000 per occurrence $2,000,000 project aggregate 1. ADDITIONAL INSURED: All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers Compensation and Employers Liability, shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and representatives. 2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement. 3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additional Insured(s). Pursuant to the provisions of this Agreement, insurance effected or procured by the Contractor shall not reduce or limit Contractor s contractual obligation to indemnify and defend the Indemnified Parties. 4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the County. Acceptance of Contractor s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. 5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by any one of the following methods: Separate insurance policies issued for each individual entity, with each entity included as a Named Insured (covered party), or at minimum named as an Additional Insured on the other s policies. Joint insurance program with the association, partnership or other joint business venture included as a Named Insured. 7. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation. 8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent to: - Department/Agency issuing the contract - With a copy to Risk Management Unit (1106 Madison Street, Room 233, Oakland, CA 94607) Certificate C-2 Form Exhibit C Page 1 of 1 (Rev. 3/14/05)

19 EXHIBIT E SLEB CERTIFICATION/APPLICATION PACKAGE FOR COUNTY OF ALAMEDA DMA 2000 MITIGATION PLANNING COUNTY OF ALAMEDA SMALL, LOCAL AND EMERGING BUSINESS CERTIFICATION INSTRUCTIONS Complete Exhibit E, pages 3, 4, 5 and 6 of 6 as follows: Section A: Check Applicable Box(es): Small Business = Federal Small Business Administration gross receipts limit by Standard Industry Classification Codes. Local Business = Business license issued by a city within Alameda County and the owner maintains a fixed office located in and having a street address within the County Emerging Business = One half of the Federal Small Business Administration gross receipts limit by Standard Industry Classification Codes. Section B: Complete all areas. If one or more areas are not applicable, please indicate by N/A. Section C: Please provide all information listed. If you own less than 51% interest in your business, please indicate other owner(s) name(s), title(s) and percentage of ownership. List all current business and professional licenses. The gross receipts listed should reflect the average of gross receipts received for the last three tax years filed. If you have been in business for less than three years, please provide your actual gross receipts received for the period that you have been in business. If you have not completed been in business for a complete tax year, please provide actual gross receipts received to date. Section D: This information will assist us in entering your business in our SLEB database. You will be coded for all of your business activities and services. If you do not know your SIC codes, you may obtain them from the internet at Section E: This section is mandatory. This information will be used to monitor contracting opportunities provided by Alameda County. Alameda County continues to provide equal opportunity to all individuals. The information collected will not be used to determine if an individual or business will receive a particular contract opportunity. Section F: You may seek recertification if your initial certification is less than 3 years. Please complete sections A, B, & E. Section C should be completed only if there are changes to information on your initial Application. You must sign and date your Renewal Application in order for your application to be considered. Exhibit E Page 1 of 6 I:\purch\word\ \.doc 9/23/04

20 EXHIBIT E SLEB CERTIFICATION/APPLICATION PACKAGE FOR COUNTY OF ALAMEDA DMA 2000 MITIGATION PLANNING The following items must be attached to the following Certification and Renewal Application form and included in the RFQ response: Copies of Signed Federal Tax Returns Showing Gross Business Receipts Copies of Business Licenses Copy of Current Identification i.e. Driver s License, Identification Card Copies of Deed, Rental or Lease Agreement Showing Business Address Copies of Last Three Completed Contracts and Proposals Including Name of Contact Person Personal Net Worth Statement if the business has not ever filed taxes Supporting Affidavit In order for applications to be considered, it must be filled out completely. The Affidavit must be complete, notarized and attached to the Application. An Affidavit is not required for recertifications. If any item is not applicable please put N/A in the designated area. If additional space is needed, please attach additional sheet(s) and label the sections A, B, C, D or E as indicated on the Certification Application. For additional information and/or assistance completing Exhibit E, contact Linda Moore, (510) Exhibit E Page 2 of 6 I:\purch\word\ \.doc 9/23/04

21 EXHIBIT E SLEB CERTIFICATION/APPLICATION PACKAGE FOR COUNTY OF ALAMEDA DMA 2000 MITIGATION PLANNING CERTIFICATION AND RENEWAL APPLICATION Section A: Certification Type Small Business Local Business Emerging Business Renewal (Complete Below) Section B: Personal Information Name: * Business Name: DBA (Circle one): Yes or No Social Security Number: - - *Employer Identification Number: - *Mailing Address: *Business Address: *Business Telephone: Business Fax Number: * address: Section C: Business Information *Business Type: Sole Proprietorship Partnership Corporation Type of Service(s): *No. (#) of Employees: Percentage of Ownership (If less than 51%, please list other owner s names and titles. Attach additional sheets if needed): How Long in Business: Address: How Long in Business at the Above Please List All Current Business and Professional Licenses: License Type: Jurisdiction/Issuing Authority: Date Issued/Expires: Exhibit E Page 3 of 6 I:\purch\word\ \.doc 9/23/04

22 EXHIBIT E SLEB CERTIFICATION/APPLICATION PACKAGE FOR COUNTY OF ALAMEDA DMA 2000 MITIGATION PLANNING *Gross Business Receipts for Last Three Years (If first year in business, please list gross receipts received to date): $ 20 $ 20 $ 19 Section D: SIC and NAIC Codes Information SIC Code(s) NAICS Code(s) Exhibit E Page 4 of 6 I:\purch\word\ \.doc 9/23/04

23 EXHIBIT E SLEB CERTIFICATION/APPLICATION PACKAGE FOR COUNTY OF ALAMEDA DMA 2000 MITIGATION PLANNING CERTIFICATION AND RENEWAL APPLICATION, cont d. Section E: Statistical Information: Mandatory Section (This information is collected for demographic information only) *Gender: Male Female *Ethnicity: American Indian or Alaskan Native (>50%) Asian (>50%) Black or African American (>50%) Filipino (>50%) Hispanic or Latino (>50%) Native Hawaiian or other Pacific Islander 50%) White (>50%) Other (Please Specify) Section F: Renewal Information (Complete each item below if Certification is 3 years old or more) Certification Number: Date of Initial Certification: First Renewal Granted: Second Renewal Granted: Gross Receipts for the First year: Gross Receipts for the Second year: Gross Receipts for the Third year: Expiration Expiration $ $ $ Please Attach Verification of Business Income (Copies of Federal Tax Return) RENEWAL AFFIDAVIT I declare, under penalty or perjury all of the foregoing statements are true and correct. Affidavit for Renewal Date: Second Renewal Date: Exhibit E Page 5 of 6 I:\purch\word\ \.doc 9/23/04

24 EXHIBIT E SLEB CERTIFICATION/APPLICATION PACKAGE FOR COUNTY OF ALAMEDA DMA 2000 MITIGATION PLANNING AFFIDAVIT "The undersigned swears, under penalty of perjury, that the foregoing statements are true and correct and include all material information necessary to identify and explain the operations of (Name of Firm) as well as the ownership thereof. The undersigned also states that he/she is properly authorized by (Name of Firm) to execute the affidavit. Further, the undersigned agrees to provide the County Of Alameda, current, complete and accurate information regarding: actual work performed on the project, any payment(s) made or received, any proposed changes to the activities of the above-referenced firm that affect the firm s eligibility under this program, and to permit the audit and examination of books, records, and files of the named firm. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating appropriate legal action. The undersigned agrees that information provided may be shared with other governmental agencies." Printed Name Title Signature Date NOTARY The foregoing affidavit was subscribed and sworn to before me on this day of, 20 By SEAL Notary Public Commission Expires Exhibit E Page 6 of 6 I:\purch\word\ \.doc 9/23/04