OAKLAND UNIFIED SCHOOL DISTRICT 955 HIGH STREET OAKLAND, CA 94601
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1 OAKLAND UNIFIED SCHOOL DISTRICT 955 HIGH STREET OAKLAND, CA REQUEST FOR QUALIFICATIONS AND PROPOSAL FOR ASBESTOS HAZARD EMERGENCY RESPONSE ACT (AHERA) INSPECTION AND MANAGEMENT PLAN SERVICES January 22, 2014 Oakland Unified School District ( District ) requests qualified firms ( Firm(s) ) to submit their qualifications and proposal for Asbestos Containing Building Material surveying, testing and on-site observations at District facilities and services in accordance with the Asbestos Hazard Emergency Response Act. Should you have any questions concerning the information contained in this Request For Qualifications and Proposals ( RFQ/RFP ) document, please submit them via no later than January 29, 2014 to Rebecca Cingolani at Rebecca.cingolani@ousd.k12.ca.us. Responses will be made available to Firms by February 2, 2014 at 2:00P.M. SCHEDULE 1. RFQ/RFP advertise: January 22, Pre-bid conference: January 28, 2014 at 11:00 a.m. at: Oakland Unified School District Buildings & Grounds / Facilities 955 High Street Oakland, CA Proposals Responses due: February 18, 2014 at 2:00 p.m. to Oakland Unified School District Environmental Health & Safety Department c/o Rebecca Cingolani 955 High Street Oakland, CA Interviews: February 25, Finalists notified of recommendation to Board of Education: March 11, Final determination/award: March 26, 2014 at OUSD Board of Education meeting 7. Contract(s) Start Date: April 9, 2014 This RFQ/RFP is not a formal request for bids, or an offer by the District to contract with Firm(s) responding to this RFQ/RFP. The District reserves the right to reject any and all Proposals. The District also reserves the right to amend this RFQ/RFP as necessary. All materials submitted to the District in response to this RFQ/RFP shall remain the property of the District. The District reserves the right to seek proposals from, or to contract with, any Firm not participating in this process. The District shall not be responsible for the costs of RFQ/RFP OUSD - HAZMAT Inspection & Plan Development Page 1
2 preparing any proposal in response to the RFQ/RFP. A. DESCRIPTION OF SERVICES I. Firm shall provide Asbestos Containing Building Material ( ACBM ) surveying, testing and on-site observations at District facilities and services in accordance with the Asbestos Hazard Emergency Response Act ( AHERA ). II. The scope of services shall include but not be limited to the following: a. Conduct an initial inspection to identify and map the location of ACBM. i. The initial inspection to identify and map the location of ACBM shall be done by testing. A properly qualified AHERA inspector shall take samples for lab testing. The goal is to identify material that actually contains asbestos. b. Draft complete and updated asbestos management plans for District sites to ensure compliance with AHERA. i. The Designated Person needs to be identified in the plan. The plan should also document the training of the Designated Person, training of custodian and maintenance staff if required, immediate response and abatement actions, the current amount of ACBM, and compliance with other parts of the AHERA regulations. III. General Requirements: a. The Firm will assign only those consultant(s) who are bona-fide employees of said Firm to perform the functions specified under this RFQ/RFP ( Asbestos Inspectors ). Any consultant(s) assigned to provide services under the terms of the Independent Contractor Agreement ( Agreement ) awarded must hold a valid, current license in the appropriate discipline(s) issued by the authorized California agency. b. Upon award of Agreement, and prior to initiating the inspection, the Asbestos Inspector(s) shall work with the District identified Designated Person. Prior to visiting District sites to initiate inspections, the Asbestos Inspector(s) shall coordinate with the Designated Person and present a current, valid form of identification and a current, valid Asbestos Inspector license issued by the authorized California agency. c. The inspection shall be performed pursuant to 40 CFR (4)(b)(3)(i) through (vii), and at a minimum, the consultant(s) shall: i. Visually inspect and assess, under , the condition of all friable known or assumed ACBM. ii. Collect samples and submit the samples for analysis in accordance with and for each homogeneous area of friable material that is assumed to be ACBM. All samples will analyzed by a laboratory with current National Voluntary Laboratory Accreditation Program accreditation. RFQ/RFP OUSD - HAZMAT Inspection & Plan Development Page 2
3 iii. The selected Firm shall test at least seventy percent (70%) of all ACBM and ACM to determine whether asbestos is contained in the material. No more than thirty percent (30%) of the ACBM or ACM can be assumed to contain asbestos. d. The inspection report will clearly indicate the date of inspection, and shall be signed by each inspector and/or management planner who contributes to the inspection and the review or revision of the management plan. e. The inspection report will identify homogeneous areas consistent with the terms and intent of AHERA. For the purpose of satisfying the scope of work under this RFQ/RFP, only materials that are uniform in color, texture and size will be considered homogeneous. f. The Firm will submit the inspection report in a user-friendly document that, when reviewed by parents, teachers or other interested parties, will clearly identify the types, locations, amounts and condition of the following: i. any ACBM that is assumed to be ACM, ii. any material that was sampled and determined to be non-asbestos containing, and iii. any material that was sampled and determined to be ACM. g. The Firm will develop a management plan for each District site that is consistent with the industry standard and demonstrates a state of the art work product that reflects current technology and best practices. h. The Firm will submit the inspection report to the DISTRICT within 30 days of the inspection, for inclusion into the newly drafted management plan. i. The Firm shall ensure that response action(s) recommendations described in the management plan are specific to each site and to the ACBM involved, and that the implementation schedule is clear. j. The Firm shall assign its properly licensed consultant(s) to develop the management plan which shall include accurate quantities and locations of ACM. k. The Firm shall assign its properly licensed consultant(s) to draft the management plan to verify that all AHERA required elements are present, pursuant to (e)(1) through (12). l. The Firm shall assign its properly licensed consultant(s) to ensure that all recordkeeping requirements are met, pursuant to , including: i. A current designated person statement, ii. Dated copies of annual notifications and method of notification, 1 iii. Training records, iv. Periodic surveillance records, v. Response action records, 1 The firm will consult with the Designated Person on methods to be used by the District for annual notification and outside contractor notification, so that the plan reflects the actual methods employed by the District. RFQ/RFP OUSD - HAZMAT Inspection & Plan Development Page 3
4 v. Outside contractor notification, 2 and vi. The Firm shall notify the District which, if any, of these documents are missing from the management plan. m. The Firm shall assign its properly licensed consultant(s) to review the adequacy of the Operations and Maintenance Program (O&M) and make updates or revisions as necessary. The Firm shall ensure that the O&M program is site-specific, and incorporates best practices and/or industry standards for the in-place management of the types, amounts, locations and condition of the ACBM identified or assumed to be present in each school or administrative building. The Firm shall ensure that any analytical reports for bulk sample analysis are included in the O&M program. i. As part of the O&M Program, the Firm shall provide an updated evaluation of resources needed to complete response actions successfully and carry out inspection, operations and maintenance activities, periodic surveillance and training. n. The Firm shall assign its properly licensed consultant(s) to provide response action recommendations that are consistent with AHERA pursuant to (b) through (f). o. The Firm will ensure that the management plans developed for the District contain the proper protocols for the District to correct any non-compliance that is within the District s authority to correct, including but not limited to: i. Failure to designate a person to ensure AHERA requirements are fulfilled, ii. Failure to train the designated person or maintenance/custodial personnel, iii. Failure to implement a response action, and iv. Failure to post warning labels adjacent to friable and nonfriable ACM in routine maintenance areas, and if the signs are not readily visible upon entry and read as required under AHERA. p. The Firm will provide two complete copies of the inspection report and management plan for each site within the District. Adittionally, Firm shall provide electronic copies of all inspection reports, management plan, and any other work produced by Firm. B. PROPOSAL CONTENT AND FORMAT I. Proposals must be concise, well organized, and demonstrate Firm s qualifications. Proposals shall be formatted as outlined below. Proposals shall be no longer than thirty (30) pages, 8½ x 11 format, inclusive of résumés, forms, and pictures, and tabbed according to the numbering system reflected below. Firm shall submit three (3) copies of its proposal by date and time at the location specified above. In order 2 The firm will consult with the Designated Person on methods to be used by the District for annual notification and outside contractor notification, so that the plan reflects the actual methods employed by the District. RFQ/RFP OUSD - HAZMAT Inspection & Plan Development Page 4
5 to be considered for selection pursuant to this RFQ/RFP, the respondent entities will submit the following items in the specified order: a. Cover Letter i. This letter should introduce the Firm (team) or individual and must be signed by an authorized officer of the Firm. This letter should be no longer than 1 page. ii. iii. If multiple Firms are submitting a proposal as a team, note which Firm is the prime consultant or lead joint venture partner, or if it will be a prime-sub consultant(s) contractual relationship. Identify primary contact person for your Firm (team). b. Firm Information i. Type of organization or company structure. ii. Number of years the Firm has been in business. iii. Location of principal office that will be responsible for the implementation of the Agreement. c. Licenses i. Each proposing Firm is required to submit to the District: a. a copy of the licenses of all employees of the Firm who are authorized to conduct inspections and develop management plans in California. b. a copy of any citations or violations issued to the Firm or any of its employees who are authorized to conduct inspections and develop management plans in California. c. a copy of professional liability insurance for errors and omissions in the amount of $1 million to cover the Asbestos Inspectors and Asbestos Management Planners in its employ. i. Firm shall, at all times during the term of the awarded Agreement, carry, maintain and keep in fill force and effect, a policy or policies of insurance as required by the District. d. a copy of the Firm's business certificate indicating that the Firm is in good standing. d. Project Personnel Qualifications i. Please provide resumes (no more than 2 pages each) for each of the project personnel. These resumes must represent projects over the last 10 years. Please also indicate number of years employed by Firm, or joint venture team member, or sub-consultant. RFQ/RFP OUSD - HAZMAT Inspection & Plan Development Page 5
6 e. Firm History (please include for all team member Firms) including: i. Number of Years in business ii. Annual Revenues iii. Number of Employees (company-wide) iv. Number of Employees located in Northern California Counties (Alameda, Contra Costa, Santa Clara, San Mateo, San Francisco, Sonoma, Napa) f. Project Experience & References i. Please provide information in the following format for districts where your Firm provided similar services or is currently providing similar services: g. Litigation Years School District Contact Person Title Phone 20 - XYZ District Smith, James President xxx-xxx-xxxx i. Provide specific information on termination for default, litigation settled or judgments entered, within the last (5) five years, related to your Firm, joint venture partners, or sub-consultants (only provide subconsultant s targeted to perform in excess of 20% of the work). Also, provide information relative to any convictions for filing false claims within the past 5 years. h. Compensation i. Provide Firm s proposed fee, and provide the rates for the body of services your Firm is prepared to provide the District. i. Conflict of Interest i. If applicable, provide a statement of any recent, current, or anticipated contractual obligations that relate to similar work that may have a potential to conflict with the Firm s providing the Services to the District. j. Declaration i. Submit a declaration under penalty of perjury by an authorized corporate officer or principal, stating that reasonable diligence has been used in preparation of the proposal submitted in response to this RFQ/RFP and that all information provided Firm s proposal is true, correct and complete, and that individual or official of this Firm that signed the proposal has the power to contractually bind the Firm. C. DISTRICTS EVALUATION / SELECTION PROCESS I. The The District intends to select one of the Firms but reserves the right to select RFQ/RFP OUSD - HAZMAT Inspection & Plan Development Page 6
7 more than one Firm that best meet(s) the District s needs to perform the Services as described in this RFQ/RFP. From the Firm(s) that provides a Proposal to the District, the District may, at its discretion, interview some or all of those Firms. One or more Firms may be selected and recommended to the governing board of the District for approval. The Firm will be selected based on qualifications and demonstrated competence that include relevant experience with public agencies, including local agencies, and a proven track record success for these type of Services. A best value method of selection will be utilized. The best value method includes, but is not limited to, the following selection criteria: a. Technical expertise; b. Team experience; c. Recent success with similar energy-efficiency systems; d. Proximity of offices and availability of qualified staff; e. Prior experience with District staff and current consultants; f. Approach in providing Services; g. Schedule; and h. Pricing. II. The District reserves the right to contract with any Firm responding to this Request for Proposals for all or portions of the above-described phases, to reject any proposal as non-responsive, and not to contract with any Firm for the Services described herein. The District makes no representation that participation in the Request for Proposal process will lead to an award of contract or any consideration whatsoever. The District reserves the right to seek proposals from or to contract with any Firm not participating in this process. The District shall in no event be responsible for the cost of preparing any proposal in response to this Request for Proposals. III. Responses to this RFQ/RFP will become the property of the District and subject to the California Public Records Act, Government Code sections 6250, et seq. Those elements in each response that are trade secrets as that term is defined in Civil Code section (d) or otherwise exempt by law from disclosure and which are prominently marked as TRADE SECRET, CONFIDENTIAL, or PROPRIETARY may not be subject to disclosure. The District shall not be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. A Firm that indiscriminately identifies all or most of its response as exempt from disclosure without justification may be deemed non-responsive. In the event the District is required to defend an action on a Public Records Act request for any of the contents of a response marked Confidential, Proprietary, or Trade Secret, the Firm agrees, by submission of its response for the District s consideration, to defend and indemnify the District from all costs and expenses, including attorneys fees, in any action or liability arising under the Public Records Act. RFQ/RFP OUSD - HAZMAT Inspection & Plan Development Page 7
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