Certified Unified Program Agency (CUPA) Consultation Services

COUNTY OF ALAMEDA

REQUEST FOR PROPOSAL No. 900534

SPECIFICATIONS, TERMS & CONDITIONS

for

Certified Unified Program Agency (CUPA) Consultation Services

NETWORKING/BIDDERS CONFERENCE

at

2:00 PM
on
March 19, 2009
at
Fremont Main Library
Conference Room A
2400 Stevenson Boulevard
Fremont, CA94538

For complete information regarding this project see RFP posted at or contact the person listed below. Thank you for your interest!

Contact Person:Jennifer Chan, Contracts Specialist I

Phone Number: (510) 208-9604

E-mail Address:

RESPONSE DUE

by

2:00 p.m.

on

April 7, 2009

at

AlamedaCounty, GSA-Purchasing

1401 Lakeside Drive, Suite 907

Oakland, CA 94612

COUNTY OF ALAMEDA

REQUEST FOR PROPOSAL No. 900534

SPECIFICATIONS, TERMS & CONDITIONS

for

Certified Unified Program Agency (CUPA) Consultation Services

TABLE OF CONTENTS

Page 1 of 2

Page

I.ACRONYM AND TERM GLOSSARY...... 4

II.STATEMENT OF WORK

1. Intent 5
2. Scope 5
3. Vendor Qualifications ...... 6
4. Specific Requirements...... 6
5. Debarment and Suspension...... 7
6. General Environmental Requirements...... 7
7. Deliverables/Reports...... 8

III.INSTRUCTIONS TO BIDDERS

1. County Contacts...... 8
2. Calendar of Events...... 9
3. Networking/Bidders Conference...... 9
4. Submittal of Bids...... 10
5. Response Format...... 12
6. Evaluation Criteria/Selection Committee...... 12
7. Contract Evaluation and Assessment...... 16
8. Notice of Award...... 17
9. Bid Protest / Appeals Process...... 17

IV.TERMS AND CONDITIONS

1. Term / Termination / Renewal...... 19
2. Quantities...... 19
3. Pricing...... 19
4. Award 20
5. Method of Ordering...... 20
6. Invoicing...... 21
7. County Provisions...... 21
8. Online Contract Compliance Management System...... 24
9. Compliance Information and Records...... 25
10. Account Manager/Support Staff...... 26
11. General Requirements...... 26

COUNTY OF ALAMEDA

REQUEST FOR PROPOSAL No. 900534

SPECIFICATIONS, TERMS & CONDITIONS

for

Certified Unified Program Agency (CUPA) Consultation Services

TABLE OF CONTENTS

Page 2 of 2

ATTACHMENTS

Exhibit A – Acknowledgement

Exhibit B – Bid Form

Exhibit C – Insurance Requirements

Exhibit D1 – Current References – intentionally omitted

Exhibit D2 – Former References – intentionally omitted

Exhibit E – SLEB Certification Application Package

Exhibit F – Small and Local Business Subcontracting Information

Exhibit G – Request for Small and Local or Emerging Preference

Exhibit H – First Source Agreement

Exhibit I – Exceptions, Clarifications, Amendments

Exhibit J – Standard Agreement Contract Draft

Exhibit K – Environmental Certification – intentionally omitted

Exhibit L – RFP Vendor Bid List

Exhibit M – Response/Content Submittal; Completeness Check List

Exhibit N – Debarment and Suspension Certification

Exhibit O – Inspection Samples

Specifications, Terms & Conditions

for Certified Unified Program Agency (CUPA) Consultation Services

I.ACRONYM AND TERM GLOSSARY

Unless otherwise noted, the terms below may be upper or lower case. Acronyms will always be uppercase.

Bid / Shall mean the bidders’/contractors’ response to this Request
Bidder / Shall mean the specific person or entity responding to this RFP
Board / Shall refer to the County of Alameda Board of Supervisors
Cal ARP / California Accidental Release Program
CIH / Certified Industrial Hygienist
Contractor / When capitalized, shall refer to selected bidder that is awarded a contract
County / When capitalized, shall refer to the County of Alameda
CUPA / Certified Unified Program Agency
Environmentally Preferable Products / Products manufactured in a manner such that the impact on the environment is minimized throughout the entire lifecycle of the product by implementing sustainable practices during material sourcing, manufacturing, transportation, and by providing products that can be used and disposed of in an environmentally sound manner
EPA / United States Environmental Protection Agency
Federal / Refers to United States Federal Government, its departments and/or agencies
F.O.B. / Shall mean without charge for delivery to destination and placing on board a carrier at a specified point (Free On Board)
HMBP / Hazardous Materials Business Plans
ICC / International Code Council
Labor Code / Refers to California Labor Code
LQG / Large Quantity Generator
MSDS / As used herein shall refers to Material Safety Data Sheets
OSHA / Refers to California Occupational Safety and Health Administrations
PBTs / Persistent, Bioaccumulative Toxins including compounds such as dioxins, polychlorinated biphenyls, and mercury as defined by the United States Environmental Protection Agency and listed on the EPA’s website at
Proposal / Shall mean bidder/contractor response to this RFP
PO / Shall refer to Purchase Order(s)
Request for Proposal / Shall mean this document, which is the County of Alameda’s request for contractors’/bidders’ proposal to provide the goods and/or services being solicited herein. Also referred herein as RFP
Response / Shall refer to bidder’s proposal submitted in reply to RFP
RFI/PQ / Request for Interest Pre-Qualification
RFP / Request for Proposal
SLEB / Small Local Emerging Business
SPCC / Spill Prevention Countermeasure Control
Source Reduction / Refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging.
State / Refers to State of California, its departments and/or agencies
UST / Underground Storage Tanks

II.STATEMENT OF WORK

A.INTENT

It is the intent of these specifications, terms, and conditions to select an approved pre- qualified vendor to provide technical consultation services for the Certified Unified Program Agency (CUPA) Program.

The County intends to award a three (3) year contract (with option to renew for 2 more years) to the bidder(s) selected as most capable of meeting the County’s requirements.

B.SCOPE

Under the California Health & Safety Code, Chapters 6.5, 6.67, 6.7, 6.91 & 6.95, are the description of the responsibilities of CUPA with regard to underground storage tanks, clandestine lab cleanup, California Accidental Release Program (Cal ARP), hazardous waste generators, tiered permits, Hazardous Materials Business Plans (HMBP), and above ground storage tanks. AlamedaCounty’s Environmental Health Department, in its role as CUPA, will review plans and inspect eligible facilities under these programs. Property contamination caused by clandestine labs is remediated under the Department’s oversight as well.

The scope of services to be performed by vendor will include, but may not be limited to the following:

1. Review of Cal ARP technical documentation, audit and inspection of facilities to insure compliance, and provide enforcement actions on noted violations if required; and

2.Inspections of underground storage tanks (UST) conducted by an International Code Council (ICC) Certified Inspector. The Environmental Health Department is limited to one UST certified staff. This service will be a back-up in the event an additional Certified Inspector is needed.

3. Certified Industrial Hygienist (CIH) cleanup oversight of clandestine lab site contamination, issue warning notice, notice of order and liens; review and approve work plans for methamphetamine contamination assessment and remediation; issue no further action/clearance letter.

C.VENDOR QUALIFICATIONS

Vendors participating in this Request for Proposal (RFP) must be pre-qualified by the County according to the requirements and submittals of Request for Interest Pre-Qualification (RFI/PQ) No. 900534. Qualified vendors were determined by submission and completion of the RFI/PQ No. 900534 Prequalification Checklist, Questionnaire and References. Only those Vendors who qualified through the prequalification process and deemed acceptable by the County are eligible to submit a proposal response to this RFP.

The following is a full list of vendor requirements including those described in the RFI/PQ. Qualified vendors must be:

1. A Certified Industrial Hygienist (CIH) possessing the requisite skills to make informed decisions on the future safe habitability of properties impacted by clandestine lab wastes. Properties involved in illegal production of drugs, such as methamphetamine, will require regulatory oversight to insure that environmental hazards are removed or abated.

2.Vendor must have verifiable experience in the CUPA program elements for at least seven (7) years.

3.Vendors must be an ICC certified inspector of UST.

D.SPECIFIC REQUIREMENTS.

The awarded vendor will perform the following tasks under contract:

1. Conduct Cal ARP reviews, audits, public notifications, plan checks and inspections of all CUPA facilities;

1. Conduct HMBP reviews, plan checks and inspections of CUPA facilities;

1. Conduct Tiered Permits reviews, plan checks and inspections of CUPA facilities;

1. Conduct UST inspections, removals, installations and modifications on CUPA facilities;

1. Conduct follow-ups (including complaints) on CUPA facilities;

1. Conduct routine and enforcement inspections on CUPA facilities;

1. Issue UST permits;

1. Conduct Aboveground Storage Tank inspections, removals and installations;

1. Conduct Hazardous waste generator waste inspections on Large Quantity Generator (LQG) and Recyclers;

1. Review Spill Prevention Countermeasure Control (SPCC) plans;

1. Review methamphetamine contaminated site assessments;

1. Review remediation plans for methamphetamine contaminated sites; and

1. Issue liens and clean up orders and clearances on methamphetamine contaminated sites.

E.DEBARMENT/SUSPENSION POLICY:

In order to prohibit the procurement of any goods or services ultimately funded by Federal awards from debarred, suspended or otherwise excluded parties, each bidder will be screened at the time of RFP response to ensure bidder, its principal and their named subcontractors are not debarred, suspended or otherwise excluded by the United States Government in compliance with the requirements of 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.

• The County will verify bidder, its principal and their named subcontractors are not on the Federal debarred, suspended or otherwise excluded list of vendors located at and
• Bidders are to complete a Debarment and Suspension Certification form, Exhibit N attached, certifying bidder, its principal and their named subcontractors are not debarred, suspended or otherwise excluded by the United States Government.

F.GENERAL ENVIRONMENTAL REQUIREMENTS: The requirements outlined in this section apply to all product categories contained in this bid.

1.Persistent Bioaccumulative Toxins:

In January 2002, the County passed a resolution “to encourage the reduction and where feasible, the elimination of [persistent, bioaccumulative and toxic chemical] (PBT) emissions…” The United States Environmental Protection Agency has established a list of twelve priority PBTs including dioxins, polychlorinated biphenyls, mercury and its compounds, lead and others. The most current list can be found at the EPA’s website at Additionally, PBTs are listed in the CCR in Section 66261.24.

Contractors must provide products and services that allow the County to comply with the PBT Resolution and must complete the certification statement included in the Attachments. The Resolution requires that the County eliminate and reduce the procurement of products and services which contain or cause the generation and release of PBTs into the environment during their manufacture, use, or destruction/disposal. Bidders should provide products that do not contain, use, or generate PBTs. If no alternative materials are available, Bidders should notify the County in writing prior to providing such materials to the County or using these materials when providing services to the County.

G.DELIVERABLES/REPORTS

1. To follow ACDEH CUPA inspection, compliance and enforcement procedures and Methamphetamine Lab Cleanup Guidelines and procedures have been provided in Exhibit O – Inspection Samples.

III.INSTRUCTIONS TO BIDDERS

H.COUNTYCONTACTS

GSA-Purchasing is managing the competitive process for this project on behalf of the County. All contact during the competitive process is to be through the GSA-Purchasing Department only.

The evaluation phase of the competitive process shall begin upon receipt of sealed bids until a contract has been awarded. Bidders shall not contact or lobby evaluators during the evaluation process. Attempts by Bidder to contact evaluators may result in disqualification of bidder.

All questions regarding these specifications, terms and conditions are to be submitted in writing, preferably via e-mail by March 17, 2009to:

Jennifer Chan, Contracts Specialist, I

AlamedaCounty, GSA-Purchasing

1401 Lakeside Drive, Suite 907

Oakland, CA 94612

E-Mail:

FAX: 510-208-9626

The GSA Contracting Opportunities website will be the official notification posting place of all Requests for Interest, Proposals, Quotes and Addenda. Go to to view current contracting opportunities.

I.CALENDAR OF EVENTS

Event / Date/Location
Request Issued / February 25, 2009
Written Questions Due / by12:00 Noon on March 17, 2009
Networking/Bidders Conference / March 19, 2009 at 2:00 PM / at: Fremont Main Library
Conference Room A
2400 Stevenson Boulevard
Fremont, CA94538
Addendum Issued / March 24, 2009
Response Due / April 7, 2009 by2:00 PM
Evaluation Period / April 7 – May 7, 2009
Vendor Interviews / April 20, 2009
Board Letter Issued / May 8, 2009
Board Award Date / June 9, 2009
Contract Start Date / July 1, 2009

Note:Award and start dates are approximate.

It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition. By the submission of a Bid, theBidder certifies that if awarded a contract they will make no claim against the County based upon ignorance of conditions or misunderstanding of the specifications.

J.NETWORKING/BIDDERS CONFERENCE

A networking/bidders conference will be held to:

• Provide an opportunity for small and local and emerging businesses (SLEBs) and large firms to network and develop subcontracting relationships in order to participate in the contract(s) that may result from this RFP.
• Provide an opportunity for bidders to ask specific questions about the project and request RFP clarification.
• Provide the County with an opportunity to receive feedback regarding the project and RFP.

Written questions submitted prior to the networking/bidders conference, in accordance with the Calendar of Events, and verbal questions received at the networking/bidders conference, will be addressed whenever possible at the networking/bidders conference. All questions will be addressed and the list of attendees will be included in an RFP Addendum following the networking/bidders conference in accordance with the Calendar of Events.

Potential bidders are strongly encouraged, but not required, to attend a networking/bidders conference in order to further facilitate subcontracting relationships. Vendors who attend a networking/bidders conference will be added to the Vendor Bid List (see Exhibit L).

Failure to participate in a networking/bidders conference will in no way relieve the Contractor from furnishing goods and/or services required in accordance with these specifications, terms and conditions. Attendance at a networking/bidders conference is strongly encouraged and recommended but is not mandatory.

Networking/bidders conference will be held on:

March 19, 2009 at 2:00 PM
at
Fremont Main Library
Conference Room A
2400 Stevenson Boulevard
Fremont, CA94538
Additional Information: Free parking available at on-site parking lot

K.SUBMITTAL OF BIDS

1. All bids must be SEALED and must be received at the Office of the Purchasing Agent of Alameda County BY 2:00 PM on the due date specified in the Calendar of Events.

NOTE: LATE AND/OR UNSEALED BIDS CANNOT BE ACCEPTED. IF HAND DELIVERING BIDS PLEASE ALLOW TIME FOR METERED STREET PARKING OR PARKING IN AREA PUBLIC PARKING LOTS AND ENTRY INTO SECURE BUILDING.

Bids will be received only at the address shown below, and by the time indicated in the Calendar of Events. Any bid 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 bidder unopened.

All bids, whether delivered by an employee of Bidder, 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 Purchasing Department's timestamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids.

1. Bids are to be addressed and deliveredas follows:

Certified Unified Program Agency (CUPA) Consultation Services

RFP No. 900534

AlamedaCounty, GSA-Purchasing

1401 Lakeside Drive, Suite 907

Oakland, CA 94612

1. Bidders are to submit an original plus four (4)copies of bids may be requested; however, they should be on a disk and enclosed with the sealed bid(never have them e-mailed to you) copies of their proposal. Original proposal is to be clearly marked and must be either loose leaf or in a 3-ring binder, not bound.

1. Bidder's name and return address must also appear on the mailing package.

1. No telegraphic, email (electronic) or facsimile bids will be considered.

1. Bidder agrees and acknowledges all RFP specifications, terms and conditions and indicates ability to perform by submission of its bid.

1. Submitted bids shall be valid for a minimum period of 180 days.

1. All costs required for the preparation and submission of a bid shall be borne by Bidder.

1. Only one bid response will be accepted from any one person, partnership, corporation, or other entity; however, several alternatives may be included in one response. For purposes of this requirement, “partnership” shall mean, and is limited to, a legal partnership formed under one or more of the provisions of the California or other state’s Corporations Code or an equivalent statute.

1. Proprietary or Confidential Information: No part of any bid response is to be marked as confidential or proprietary. County may refuse to consider any bid response or part thereof so marked. Bid responses submitted in response to this RFP may be subject to public disclosure. County shall not be liable in any way for disclosure of any such records. Additionally, all bid responses shall become the property of County. County reserves the right to make use of any information or ideas contained in submitted bid responses. This provision is not intended to require the disclosure of records that are exempt from disclosure under the California Public Records Act (Government Code Section 6250, et seq.) or of “trade secrets” protected by the Uniform Trade Secrets Act (Civil Code Section 3426, et seq.).

1. All other information regarding the bid responses will be held as confidential until such time as the County Selection Committee has completed their evaluation and, or if, an award has been made. Bidders will receive mailed award/non-award notification(s), which will include the name of the bidder to be awarded this project. In addition, award information will be posted on the County’s “Contracting Opportunities” website, mentioned above.

1. Each bid received, with the name of the bidder, shall be entered on a record, and each record with the successful bid indicated thereon shall, after the award of the order or contract, be open to public inspection.

L.RESPONSE FORMAT

1. Bid responses are to be straightforward, clear, concise and specific to the information requested.

1. In order for bids to be considered complete, Bidder must provide all information requested. See Exhibit M, Response Content and Submittals, Completeness Checklist.

M.EVALUATION CRITERIA/SELECTION COMMITTEE