Request for Qualifications. As-Needed Environmental Consulting Services

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1 City and County of San Francisco Port of San Francisco Request for Qualifications As-Needed Environmental Consulting Services ISSUED: OCTOBER 19, 2005 CONTRACT ADMINISTRATION PIER 1 THE EMBARCADERO SAN FRANCISCO, CA (415)

2 ANNOUNCEMENT Request for Qualifications (RFQ) As-Needed Environmental Consulting Services This document represents a legal notice informing all qualified firms of the Port of San Francisco s (a department within the City and County of San Francisco) intent to solicit and receive qualification statements for As-Needed Environmental Consulting Services work per this RFQ solicitation document published on October 19, 2005, as authorized by Port Commission Resolution The Request for Qualifications, a copy of this notice and any changes to the solicitation document by addendum will be posted to the Bids and Contracts page on the City s website at: and on the Port s website at Firms receiving the RFQ electronically are encouraged to provide contact information to the Port s Contract Administrator via at The Port is establishing a list of three pre-qualified consulting teams which will be selected for future environmental consulting work, as needed. The current approved contracting capacity over three years is $2.0 million. Interested consulting teams must have expertise in 1) site investigation and remediation, 2) air and water quality regulation (including storm water management), 3) hazardous materials, hazardous waste, and solid waste management, 3) environmental review, permitting and analysis, 4) dredging planning and permitting, 5) lead and asbestos abatement, and 5) Geographic Information Systems/Information Management Systems support. Each selected consulting team must be led by an environmental consulting firm ( Lead Consultant ) with a minimum of ten years relevant experience, preferably providing technical support on environmental issues related to maritime operations and development. The Lead Consultant must have demonstrated ability to manage multidisciplinary teams of consultants or sub-consultants. This contract opportunity includes a 20% Disadvantaged Business Enterprise (DBE) subconsulting goal. A Pre-Submittal Meeting will be held in the Bayside 1 meeting room at the Port s Pier 1 offices in San Francisco on Tuesday, November 8, 2005, from 2:00 to 3:00 p.m. Sign-in begins at 1:30 p.m. Qualifications must be received by the Port of San Francisco by 5:00 p.m., Monday, November 28, Postmarks will not be considered. Qualifications may be delivered in person to the Port receptionist at Pier 1, between the hours of 8:00 a.m. and 5:00 p.m., or mailed to the above address, to the attention of Norma Nelson, Contract Administrator. The Port reserves the right to reject or cancel this solicitation in whole or in part, as well as to waive any minor irregularities in the procurement process. ii

3 Table of Contents I. Introduction Page 1 II. Background... Page 1 III. Scope of Work.. Page 2 IV. Submission Requirements.. Page 5 V. Evaluation and Selection Criteria.. Page 9 VI. Schedule Page 12 VII. Contract Negotiation and Reward Page 13 VIII. Terms and Conditions for Receipt of Proposals Page 14 IX. City Contract Requirements.. Page 21 X. Protest Procedures. Page 22 XI. Contact Information. Page 23 XII. Disclaimer. Page 24 Appendices: A. Human Rights Commission Forms to be Submitted with Qualifications and Requirements B. Standard Forms: Listing and Internet addresses of Forms related to Taxpayer Identification Number and Certification, to Business Tax Declaration, and to Chapters 12B, 12C and 14A of the S.F. Administrative Code. C. Agreement for Professional Services (form P-500) iii

4 Request for Qualifications As-Needed Environmental Consulting Services I. INTRODUCTION The Port of San Francisco ( Port ), a department of the City and County of San Francisco, is a self-supporting enterprise agency overseeing 7-1/2 miles of property along the San Francisco waterfront extending from Fisherman s Wharf and Aquatic Park to the north to the Pier 98 shipping terminals and Heron s Head Park to the south. Since 1969, the Port has held this property in public trust for the people of California. As trustee of this property, 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. The Port s jurisdictional area and facilities encompass bulk cargo terminals, existing and planned cruise terminals, existing and planned expansion of ferry and excursion passenger terminals, a major ship repair yard and dry-dock, lay berths for vessels, commercial fishing harbors, a fish processing and distribution center, two power plants, world-renowned tourist attractions, such as the landmark Ferry Building, SBC Park, and many other maritime and commercial facilities. Several lines of public transit, including the Municipal Railway (MUNI), and the Bay Area Rapid Transit (BART), travel on or under portions of Port property. This Request for Qualifications (RFQ) seeks qualified consultants to provide timely and efficient consulting assistance to meet environmental and regulatory requirements associated with Port capital project planning, development, property management, maintenance and maritime operations. In the conduct of these activities, the Port requires the assistance of specialized knowledge, expertise, and state-of-the-art techniques and equipment that are beyond the capabilities of its own staff and resources. Requested services may involve an entire project or for a portion of projects or for any project phase. II. BACKGROUND Contract work for these services previously were solicited under an RFQ entitled: As-Needed Professional Engineering and Environmental Services in Two contracts were awarded under that solicitation, which are due to expire June 30, The Port has elected to separate the disciplines for more independent oversight in a direct contract relationship. The work required under this as-needed contract may involve various divisions of the Port including engineering, planning, maintenance and real estate. Firms responding to this request should specialize in environmental work and must include expertise on its team with appropriate licenses to perform the required work. The consultants must have a wide range of expertise in environmental and regulatory compliance, and must have adequate staffing and subconsultant resources to provide the entire range of services described in the RFQ Scope of Work (Section III). Top ranked consultant teams will be invited to oral interviews. Through this RFQ up to three (3) contracts are anticipated to be awarded. The Port s current authorized contracting capacity is $2.0 million over a three-year term. The amount to be awarded to each firm will be determined based upon the Port s needs and the qualifications of 1

5 the firms/teams selected. The Port reserves the option to renew contracts for additional one year terms, subject to appropriation of requisite funds. III. SCOPE OF WORK The following scope of work is to be used as a general guide and is not intended to be a complete list of all work necessary to complete work required under this solicitation. Due to the varying (though environmental related) specialty areas associated with this procurement, respondents are strongly encouraged to assemble teams with expertise in disciplines to meet the Port s anticipated environmental service needs. Professional disciplines that are anticipated include the following (but are not necessarily limited to these areas): Air Quality Biological Studies Community Assessment Chemical Engineering Marine Chemistry Corrosion Control Energy Management Environmental Assessment Environmental Remediation Environmental Compliance Environmental Permitting Geotechnical Engineering Hazardous Wastes Hydraulics Hydrogeology Inspection and Testing Laboratory Services Marine Biology Public Outreach Risk Assessment Sanitary Engineering Ship Surveying Soils Investigation Storm Water Management Toxicology Water Quality A. Description of Tasks Consultants may be required to perform studies and investigations, prepare plans, specifications and cost estimates, write reports, and perform field inspections for various types of regulatory, environmental, and health and safety issues. These professional services shall be provided either by direct assignment of the consultants personnel or through subconsultants listed as a part of the firms team. Requested services may involve an entire project or for a portion of a project or for any project phase. The Port will evaluate on a case by case basis whether or not a conflict of interest exists on a given project. 2

6 Examples of various types of work to be performed include, but are not limited to the following: 1. Environmental Characterization and Compliance Issues including soil, sediment, and groundwater sampling and testing, site assessments, risk assessment and management, records management, construction support, regulatory strategy and liaison, remediation and monitoring, and environmental audits. Applicable laws and regulations include but are not limited to: California Health and Safety Code, California Code of Regulations, Title 22, San Francisco Health Code Article 22A, Toxic Substances Control Act, Resource Conservation and Recovery Act. 2. Air and Water Quality Issues including sampling and analysis of discharges to waters of the State, storm water management, discharge to air, indoor air quality, process and sanitary engineering and corrosion control. 3. Hazardous Materials, Hazardous Waste, and Solid Waste Management Issues including storage, transportation, use, removal, lawful disposal, manifests, business plans, underground tanks, health and safety concerns, and training and permit requirements. 4. Environmental Review, Permitting and Analysis in support of Port capital projects, including the Port dredging program; Regulatory authorities include: San Francisco Planning Department, U.S. Army Corps of Engineers, Regional Water Quality Control Board, U.S. Fish and Wildlife Service, California Department of Fish and Game, Bay Area Air Quality Management District, San Francisco Department of Public Health and the Bay Conservation and Development Commission. 5. Technical support of Port Dredging Program including sediment sampling and analysis, permitting, dredging project planning and management, pre- and postdredging surveys, and other regulatory negotiations. 6. Lead and Asbestos surveys, abatement and oversight work. 7. Geographic Information Systems/Information Management Systems Support for environmental applications, including document control and database development. B. Additional Services In addition to services identified above, the consultant may also be asked to provide or participate in: 1. Presentations to the Port Commission, San Francisco Board of Supervisors, and neighborhood or community meetings. 2. Professional consultations and peer review. 3. Ability and willingness to obtain unusual or specific expertise on short notice. 3

7 C. Required Qualifications Through its submittal, the consultant shall demonstrate: 1. That all lead respondents and each member of a joint venture partnership have at least ten (10) years relevant experience providing environmental consulting services. Any proposal that does not demonstrate that the respondent meets these minimum requirements by the deadline for submittal of proposals will be considered nonresponsive and will not be eligible for further consideration. 2. Existence as a legal entity to enter into contract and licensed in good standing with the state of California and the City of San Francisco, including compliance with City contracting requirements described in Section IX of this document. If not currently qualified to do business in San Francisco, the consultant must have ability to secure such qualification by the submittal deadline for proposals. 3. Evidence of adequate staffing of professional and technical personnel to perform in the manner required by the Port. Key professional personnel must possess appropriate State of California licenses or other required licenses, registrations or certification in the particular discipline (e.g., Certified Asbestos Consultant). 4. Commitment to providing a single project manager/program manager as a primary point of contact for all Port work. 5. Knowledge of current local, state and federal regulations governing the design of maritime facilities, and related contracting, environmental, and health and safety issues. 6. Demonstrated experience in successfully dealing with the regulations of, and with personnel within, various regulatory agencies with jurisdiction over Port activities including, but not limited to, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Administration, U.S. Environmental Protection Agency, California Regional Water Quality Control Board, Bay Conservation and Development Commission, Bay Area Air Quality Management District, San Francisco Department of Public Health, San Francisco Planning Department, Cal/EPA and CalOSHA. 4

8 IV. Submission Requirements A. Time and Place for Submission of Proposals Proposals must be received by 5:00 p.m., on November 28, Postmarks will not be considered in judging the timeliness of submissions. Proposals may be delivered in person and left with the receptionist, Port of San Francisco, Pier 1, San Francisco or mailed to: Norma Nelson Port of San Francisco Pier 1 San Francisco, CA Respondents shall submit eight (8) copies of the proposal in a sealed envelop clearly marked As-Needed Environmental Services Qualifications, and one (1) copy, separately bound, of required HRC Forms in a sealed envelope clearly marked As- Needed Environmental Services HRC Forms to the above location. Reponses that are submitted by fax will not be accepted. Late submissions will not be considered. After written qualifications have been received, no modifications or changes to the qualifications will be allowed, unless requested and/or approved by the Port. The Port reserves the right to request additional information from any firm or person responding to this RFQ. B. Format and Content of Proposals Firms interested in responding to this RFQ must submit the following information, in the order specified below: 1. Introduction and Executive Summary (up to 5 pages) This section must include: a. A letter of introduction and executive summary of the submittal. The letter must be signed by a person authorized by your firm to represent the services described in the submittal. The letter should discuss the firm s commitment to the Port s As-Needed Environmental Services agreement. It should briefly address the consultant team s approach to as-needed environmental services. Submission of the letter will constitute a representation by your firm that your firm is willing and able to perform the types of work described in your submittal. The letter should identify a contact for future communications regarding the submittal. b. An organizational chart that describes the structure of the Consulting Team, including the role of each member. 5

9 2. Project Approach (up to 2 pages) Describe the services and activities that your firm proposes to provide to the City. Include the following information: a. Overall approach to the as-needed contract; b. Ability to complete work assignments within the Port s required time frame and, as necessary, on short notice; c. Approach to assignment of work within your firm s team and how your team will conduct tasks and prepare anticipated deliverables; and d. Possible constraints, problems and issues that should be anticipated during execution of services under the contract, and suggested approaches to resolving these constraints, problems and issues. 3. Consultant Qualifications (up to 6 pages) Provide information on your firm s or team s background and qualifications which addresses the following: a. A brief description and background summary; and b. Demonstrated ability to provide high quality environmental professional services in multiple environmental disciplines in a timely manner; and c. A description of not more than four projects prepared by your firm typical of those ordinarily performed under an as-needed environmental services contract 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 subconsultants are proposed provide the above information for each. 4. Team Qualifications (up to 4 pages) Because the Port places great emphasis on the individuals who will be providing the requested services, please be specific in addressing the following: a. Provide a summary identifying: (i) the project manager, (ii) each key person on the project team, (iii) the role each team member will play in providing services under this contract, 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 City s prior approval. b. Provide a description of the experience, qualifications and availability of the project team members, including brief resumes if necessary. Resumes may be included as an Appendix to the proposal. 6

10 5. References (up to 3 pages) Provide references for the lead consulting firm, lead project manager, and all subconsultants, including the name, address and telephone number of three or more recent clients (preferably other public agencies). 6. Fee Proposal The Port intends to award this contract to the firm that it considers will provide the best overall program services. The City reserves the right to accept other than the lowest priced offer and to reject any submittal that is not responsive to this RFQ. However, if reasonable fees cannot be negotiated with the top ranked firm(s), the Port will proceed to the next ranked firm(s) to select the final three firms/teams. Please provide a fee proposal in a separate sealed envelope that includes the following: a. Direct and billable hourly rates for proposed staff, listed by firm; b. Overhead and profit rates; c. Markup on sub-contractor services and materials, as well as charges for field equipment owned by the firm. (Note: The Port will be limiting the mark-up for subconsultant coordination to 5% of the subconsultant s invoice.) Refer to the Sample Contract for As-Needed Professional Services included as Appendix C to this document for specified allowances and restrictions on fee proposals. The proposal shall include fee schedules applicable for a three year period. Such fee schedules shall be submitted in a separate sealed envelope with the proposal. The fee schedules will not affect the initial selection process and shall remain sealed until an applicant is selected and contract negotiations begin. 7. Human Rights Commission (HRC) Forms and Other Standard Forms One copy of the following HRC Forms are to be submitted in a separate packet as part of the response, addressed to Selormey Dzikunu, HRC Contract Compliance Officer: a. HRC Forms 1, 2A and 2B, 3, 4 and 5. All qualifications submitted must include Human Rights Commission (HRC) Form 1 (included in Appendix A) whether or not a rating discount is applied for. Forms can be found at the HRC website: /uploadedfiles/sfhumanrights/dbe/attachment%203-wf doc Chapter 14A Rules and Regulations (Word) If the required forms are not returned with the qualifications, the qualifications may be deemed non-responsive and rejected. 7

11 b. Other Standard Forms Please refer to Appendix B, Standard Forms, for instructions about other forms that must be submitted and approved by the City prior to award of contract. These forms are not to be submitted with the qualifications response, but are required to enter into a contract. 8

12 V. Evaluation and Selection Criteria A. Minimum Qualifications a. All lead respondents and each member of a joint venture partnership shall have at least ten (10) years relevant experience providing environmental consulting services. Any proposal that does not demonstrate that the respondent meets these minimum requirements by the deadline for submittal of proposals will be considered non-responsive and will not be eligible for further consideration. b. Each sub-consultant must have demonstrable and verifiable experience in one or more of the disciplines described in the Scope of Work for this RFQ. c. The respondent(s) must demonstrate the ability to comply with all City Requirements. d. All required HRC forms must be submitted and demonstrate that the respondent meets applicable DBE participation requirements. e. Respondent must submit a proposed fee schedule. B. Selection Process 1. Submittal Evaluation The Submittals will be evaluated by a selection committee comprised of individuals with expertise in environmental management and regulatory affairs. The Port intends to evaluate the proposals generally in accordance with the criteria itemized below. The number of firms selected for interview will depend on the number, quality and ranking of submittals received. 2. Selection for Interview Firms short-listed from the submittal evaluation will be invited to oral interviews. All firms selected for an interview will be considered equal for the interview and re-scored during the interview process. The submittal scores will not be carried forward into the interview process. 3. Interview Evaluation Through the interview, the selection committee will evaluate and rank those selected firms according to predetermined criteria outlined hereinafter. 4. DBE Incentive Rating Percentages All certified economically disadvantaged business enterprises (DBEs) shall have incentive rating percentages added to their raw scores. Refer to section VIII.N for a description of DBE participation and rating incentives. 9

13 C. Selection Criteria Proposals and interviews will be evaluated using the following criteria to determine the firms that are the most qualified to perform the required services. 1. As-Needed Approach (15 points) a. Understanding of the nature of As-Needed professional services contracts and expected tasks to be performed; b. Approach to addressing and completing the tasks to be assigned on an asneeded basis; and c. Overall clarity and completeness of approach. 2. Experience (40 points) a. Expertise of the project team in the disciplines necessary to complete the tasks listed in this RFQ; b. Experience and results with similar professional services contracts; and c. Professional qualifications and education. 3. Assigned Project Staff (30 points) a. Expertise of the consultant team in the fields necessary to complete anticipated tasks; b. Quality of recently completed projects, including adherence to schedules, deadlines and budgets; c. Experience with similar projects; and d. Results of reference checks. 4. Organization (15 points) a. Current workload, staff availability, organizational resources, and accessibility; b. Capacity and flexibility to complete high quality work in a timely manner; and c. Ability to perform on short notice. 10

14 D. Disadvantaged Business Enterprise (DBE) Rating Discounts Pursuant to San Francisco Administrative Code Chapter 14A, a rating discount will be in effect for contracts awarded through this solicitation for any respondents who are certified by the San Francisco Human Rights Commission (HRC) as a DBE, or joint venture partners who are certified as a DBE by the submittal due date. The application of rating discounts is as follows: (1) A 5% discount to a joint venture with DBE participation that equals or exceeds 35%, but is under 40%; or (2) A 7.5% discount to a joint venture with DBE participation that equals or exceeds 40%; or (3) A 10% discount to a DBE or joint venture between or among multiple DBEs. Please refer to Subsection N of Section VIII., Terms and Conditions for Receipt of Qualifications, for a full description of DBE participation goals and rating discounts. 11

15 VI. Schedule The anticipated schedule for evaluating and selecting consultant team is shown below: RFQ is advertised and issued: Wednesday, October 19, 2005 Pre-Submittal Conference: Tuesday, November 8, :00-3:00 p.m.; (Sign-in begins at 1:30 p.m.) Port of San Francisco Pier 1 Bayside 1 Meeting Room The Embarcadero San Francisco, CA Deadline for Submission of Written Questions or Requests for Clarification: Monday, November 14, 2005, 4:00 p.m. RFQ Responses Due: Wednesday, November 28, 2005, 5:00 p.m. Postmarks will not be accepted Port of San Francisco Pier 1 The Embarcadero San Francisco, CA Attn: Ms. Norma Nelson Oral Interviews: Week of January 2, 2006 Anticipated Recommendation to Commission for Contract Award: January 24, 2006 Process Master Contracts: February 2006 New Contracts Commence: March 2006 Any requests for information or clarification whether submitted before or after the pre-submittal conference must be in writing, and any substantive replies will be issued as written addenda to all parties who have requested and received a copy of the RFQ. Oral inquiries will not be accepted, except at the pre-submittal conference. If any substantive new information is provided in response to questions raised at the pre-submittal conference, it will also be memorialized as a written addendum to this RFQ. All addenda will be posted on the Port s website (ww.sfport.com) for parties that downloaded the RFQ from the Port s website. Written questions or requests for clarification will not be accepted after 4:00 p.m., Monday, November 14,

16 VII. Contract Award The Port intends to select the three highest ranked Consulting Teams (highest total points based on oral interviews, plus incentive rating points), with whom staff shall commence contract negotiations. The selection of any submittal shall not imply acceptance by the Port of all terms of the submittal, which may be subject to further negotiation and approvals before the City may be legally bound thereby. Selected consulting teams will be required to enter into a master contract with the Port before they are included on the As-Needed list or contracted for work. If a satisfactory contract cannot be negotiated in a reasonable time the Port, in its sole discretion, may terminate negotiations with the highest ranked Consulting Team(s) and begin contract negotiations with the next highest ranked Consulting Team(s). Although the Port anticipates selecting three Consultant Teams for its Environmental As- Needed contracts, the Port reserves the right to determine, at its sole discretion, the number of Consulting Teams to negotiate a contract for As-Needed services, based on responses received to this RFQ. As specific scopes of work are defined over time, Port project managers will request one or more of the selected firms to submit proposals, including a cost estimate for the work. Port staff will evaluate proposals and negotiate fees with the Consulting Team offering the highest value of services for the Port s requirements. Work will be assigned in the form of a Contract Service Order (CSO) or Task Order subject to the terms and agreements of the master contract. Per the schedule in Section VI, Port staff intends to process the master contracts with the selected Consulting Teams in February 2006, with the contract term commencing in March

17 VIII. Terms and Conditions for Receipt of Proposals A. Errors and Omissions in RFQ Potential respondents are responsible for reviewing all portions of this RFQ. Potential respondents should promptly notify the Port, in writing, of any ambiguity, discrepancy, omission, or other error in the RFQ. 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 submittals. Modifications and clarifications will be made by addenda as provided below. B. Inquiries Regarding RFQ Inquiries regarding the RFQ and all oral notifications of intent to request written modification or clarification of the RFQ, must be directed to: Norma Nelson Contract Administrator Port of San Francisco Pier 1 San Francisco, CA Phone: (415) Fax: (415) C. Objections to RFQ Terms Should a potential respondent object on any ground to any provision or legal requirement set forth in this RFQ, the respondent must, not more than ten calendar days after the RFQ is issued, provide written notice to the Department setting forth with specificity the grounds for the objection. The failure of a respondent to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection. D. Addenda to RFQ The Port may modify the RFQ, prior to the submittal due date, by issuing written addenda. The addenda will be posted on the Port s website ( and the Office of Contract Administration website at: Those parties downloading copies of the RFQ from either website are responsible for obtaining any addenda through the website. The respondent shall be responsible for ensuring that its submittal reflects any and all addenda issued by the Port prior to the submittal due date. Therefore, the Port recommends that potential respondents check the website prior to making their submission. 14

18 E. Term Submission of a proposal signifies that the proposed services and that the quoted prices are genuine and not the result of collusion or any other anti-competitive activity. F. Revision of the Submittal A respondent may revise its submittal on the respondent s own initiative at any time before the deadline for submission. The respondent must submit the revised submission in the same manner as the original. A revised submission must be received on or before the submission due date. In no case will a statement of intent to submit a revised response, or commencement of a revision process, extend the submission due date for any potential respondent. At any time during the submittal evaluation process, the Port may require a respondent to provide oral or written clarification of its proposal. The Port reserves the right to make an award without further clarifications of submittal received. G. Errors and Omissions in Submittal Failure by the Port to object to an error, omission, or deviation in the submittal will in no way modify the RFQ or excuse the vendor from full compliance with the specifications of the RFQ or any contract awarded pursuant to the RFQ. H. Financial Responsibility The City accepts no financial responsibility for any costs incurred by a firm in responding to this RFQ. Submissions of the RFQ will become the property of the City and may be used by the City in any way deemed appropriate. I. Respondents Obligations under the Campaign Reform Ordinance Respondents must comply with Section 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 respondent 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 respondent is prohibited from making contributions to: the officer s re-election campaign a candidate for that officer s office 15

19 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: (i) a vendor contacts a city officer or employee to promote himself or herself as a candidate for a contract; and (ii) a city officer or employee contacts a contractor to propose that the contractor apply for 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 may result in the following criminal, civil, or administrative penalties: a) Criminal. Any person who knowingly or willfully violates section is subject to a fine of up to $5,000 and a jail term of not more than six months, or both. b) Civil. Any person who intentionally or negligently violates section may be held liable in a civil action brought by the civil prosecutor for an amount up to $5,000. c) Administrative. Any person who intentionally or negligently violates section 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, respondents should contact the San Francisco Ethics Commission at (415) J. Sunshine Ordinance In accordance with S.F. Administrative Code Section 67.24(e), contractors bids, responses to RFQs 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 respondent 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 respondent must comply with Chapter 12L. The respondent must include in its proposal (1) a statement describing its efforts to comply with the Chapter 12L provisions regarding public access to respondent s meetings and records, and (2) a summary of all complaints concerning the respondent 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 respondent shall include a statement to that effect. Failure to comply with the reporting requirements of Chapter 12L or material misrepresentation in respondent s Chapter 12L submissions shall be grounds for rejection of the submittal and/or termination of any subsequent Agreement reached on the basis of the submittal. 16

20 L. Reservations of Rights by the City The issuance of this RFQ 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, submittal, or procurement procedure; 2. Reject any or all submittals; 3. Reissue a Request for Qualifications; 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 for any materials, equipment or services to be provided under this RFQ, or the requirements for contents or format of the proposals; 5. Procure any materials, equipment or services specified in this RFQ by any other means; or 6. Determine that no work will be pursued. M. No Waiver No waiver by the City of any provision of this RFQ shall be implied from any failure by the City to recognize or take action on account of any failure by a respondent to observe any provision of this RFQ. N. Disadvantaged Business Enterprise Goals The requirements of the Disadvantaged Business Enterprise Ordinance set forth in Chapter 14A of the San Francisco Administrative Code as it now exists or as it may be amended in the future (collectively the DBE Ordinance ) shall apply to this RFQ. 1. Chapter 14A. Requirements a. DBE Subconsultant Participation Goals The DBE subconsulting goal for this project is 20 % of the total value of the goods and/or services to be procured. A respondent may request that the Director of HRC waive or reduce the subcontracting goals by submitting the reasons for the request in writing with its proposal. The factors that the Director will consider in evaluating such a request are set forth in S.F. Administrative Code 14A.14(G). Denial of the request may be appealed to the Human Rights Commission. Each firm responding to this solicitation shall demonstrate in its response that it has used good-faith efforts to employ DBE subcontractors, and shall identify the particular DBE subcontractors to be used in performing the contract. For each DBE identified as a subcontractor, 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. DBEs identified as subcontractors must be certified with the San Francisco Human Rights Commission at the time the proposal is submitted, and must be contacted by the respondent (prime contractor) prior to listing them as subcontractors in the proposal. Any proposal that does not meet the requirements of this paragraph will be non-responsive. 17

21 Good-faith efforts when required of a professional services provider shall mean the steps undertaken to comply with the goals and requirements imposed by the City for participation by DBEs as subcontractors, and shall include the following: (1) Attending any presolicitation or prebid meetings scheduled by the City to inform potential contractors of DBE program requirements for the project for which the contract will be awarded; (2) Identifying and selecting specific items of the project for which the contract will be awarded to be performed by DBEs to provide an opportunity for participation by those enterprises; (3) Advertising for DBEs that are interested in participating in the project, not less than 10 calendar days before the due date for responses to the solicitation, in one or more daily or weekly newspapers, trade association publications, trade journals, or other media, specified by the City. This paragraph applies only if the City gave public notice of the project not less than 15 calendar days prior to the due date for responses to the solicitation; (4) Utilizing HRC lists of enterprises that are certified by the Director of HRC as DBEs not less than 15 calendar days prior to the due date for responses to the solicitation. (5) For each specific trade identified in HRC s lists of certified enterprises, providing written notice of interest in submitting a bid or proposal for the contract to the following numbers of certified DBEs not less than 10 calendar days prior to the due date for responses to the solicitation: If the HRC list of certified enterprises identifies 1-25 available DBEs for the identified trade, the potential contractor must contact all of the identified firms. If the HRC list of certified enterprises identifies available DBEs for the identified trade, the potential contractor must contact 75% of the identified firms. If the HRC list of certified enterprises identifies available DBEs for the identified trade, the potential contractor must contact 50% of the identified firms. If the HRC list of certified enterprises identifies available DBEs for the identified trade, the potential contractor must contact 30% of the identified firms. If the HRC list of certified enterprises identifies 101 or more available DBEs for the identified trade, the potential contractor must contact 25% of the identified firms. (6) Following up initial solicitations of interest by contacting potential DBE subcontractors to determine with certainty whether those enterprises were interested in performing specific items of the project; (7) Providing interested DBEs with information about the plans, specifications, and requirements for the selected subcontracting or material supply work; 18

22 (8) Requesting assistance from community organizations; local contractor or professional groups; local, state or federal small or disadvantaged business assistance offices; or other organizations that provide assistance in the recruitment and placement of small or disadvantaged business enterprises, if any are available; (9) Negotiating in good faith with interested DBEs, and not unjustifiably rejecting as unsatisfactory bids or proposals prepared by any DBEs, as determined by the City; (10) Where applicable, advising and making efforts to assist interested DBEs in obtaining bonds, lines of credit, or insurance required by the City or contractor; (11) Making efforts to obtain DBE participation that the City could reasonably expect would produce a level of participation sufficient to meet the City's goals and requirements. Proposals which fail to comply with the material requirements of S.F. Administrative Code 14A.14 and this RFQ will be deemed non-responsive and will be rejected. During the term of the contract, any failure to comply with the level of DBE subcontractor participation specified in the contract shall be deemed a material breach of contract. Subconsulting goals can only be met with HRC-certified DBEs located in San Francisco. b. DBE Participation The City strongly encourages proposals from qualified DBEs. Pursuant to Chapter 14A., the following rating discount will be in effect for the award of this project for any respondents who are certified by HRC as a DBE, or joint venture partners who are certified as a DBE at the time that the proposal is submitted. Certification applications may be obtained by calling HRC at (415) The rating discount applies at each phase of the selection process. The application of the rating discount is as follows: (1) A 5% discount to a joint venture with a DBE participation that equals or exceeds 35%, but is under 40%; or (2) A 7.5% discount to a joint venture with DBE participation that equals or exceeds 40%. (3) A 10% discount to: A DBE; or A joint venture between or among DBEs. 19

23 c. HRC Forms to be Submitted with Proposal (1) All proposals submitted must include Human Rights Commission (HRC) Form 1 (included in Appendix A) whether or not a rating discount is applied for. (2) HRC Forms 2A and 2B, 3, 4, and 5 for professional services are to be submitted with the proposals. If these forms are not returned with the proposal, the proposal may be determined to be nonresponsive and rejected. HRC Schedule D must be submitted if applicable. All necessary forms are included in Appendix A of this RFQ. (3) Please submit only one copy of the above forms with your proposal. The forms should be submitted in a separate, sealed envelope addressed to: Selormey Dzikunu HRC Contract Compliance Officer Port of San Francisco Pier 1 San Francisco, CA (4) If applying for a rating discount as a joint venture: The DBE 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. The DBE joint venture partner 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 DBE joint venture s work shall be set forth in detail separately from the work to be performed by the non-dbe joint venture partner. The DBE joint venture s portion of the contract must be assigned a commercially useful function. If you have any questions concerning the HRC Forms, you may call Selormey Dzikunu, the Human Rights Commission Contract Compliance Officer at the Port of San Francisco at The forms will be reviewed and approved by HRC prior to the interviews. 20

24 IX. Contract Requirements A. Standard Contract Provisions The successful respondent 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 certificates, 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(s) for damages. B. Minimum Compensation Ordinance (MCO) The successful respondent 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 check Office of Contract Administration website. Note that the gross hourly compensation for covered employees for For-Profit entities is $10.77 beginning January 1, 2005.The MCO rate for non-profit corporations and government entities shall remain at $9.00. Additional information regarding the MCO is available on the web at C. Health Care Accountability Ordinance (HCAO) The successful respondent 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 D. First Source Hiring Program (FSHP) If the contract is for more than $50,000, the successful respondent will be required to agree to comply fully with and be bound by the provisions of the First Source Hiring Program ordinance, as set forth in S.F. Administrative Code Chapter 83. 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 21

25 X. Protest Procedures A. Protest of Non-Responsiveness Determination Within five (5) working days of the Port's issuance of a notice of non-responsiveness, any firm that has submitted a proposal and believes that the Port has incorrectly determined that its submittal is non-responsive may submit a written notice of protest. Such notice of protest must be received by the Port on or before the fifth (5 th ) working day following the Port'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 respondent, and must cite the law, rule, local ordinance, procedure or RFQ provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the Port to determine the validity of the protest. B. Protest of Contract Award Within five (5) working days of the Port's issuance of a notice of intent to award the contract, any firm that has submitted a responsive submittal and believes that the Port has incorrectly selected another respondent for award may submit a written notice of protest. Such notice of protest must be received by the Port on or before the fifth (5 th ) working day after the Port'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 respondent, and must cite the law, rule, local ordinance, procedure or RFQ provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the Port 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 Port 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 Contract Administrator Port of San Francisco Pier 1 San Francisco, CA Fax: (415)

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