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1994-07-13 ARRA PacketMeeting of the Governing Body of the Alameda Reuse and Redevelopment Authority AGENDA Alameda City Hall Council Chamber (2nd Floor) 2263 Santa Clara Ave. Alameda, CA Wednesday, July 13, 1994 5:00 p.m. IF YOU WISH TO ADDRESS THE AUTHORITY: 1) Please file a speaker's slip with the Secretary, and upon recognition by the Chair, approach the rostrum and state your name. Speakers are limited to three (3) minutes per item. 2) Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3) Applause, signs or demonstrations are prohibited during Authority meetings. 1. ROLL CALL A. Approval of Minutes (May 19, 1994) AGENDA ITEMS A. Designation by Each Authority Member of His/Her Proxy. B. Report from the Executive Director Recommending Adoption of a Resolution Establishing the Powers and Authority of the Executive Director, the Secretary, the Finance Director and the General Counsel. C. Report from the Executive Director Recommending Adoption of the Procurement Policy for the Alameda Reuse and Redevelopment Authority. D. Report from the Executive Director Regarding the Assignment of the City of Alameda 's Grant from the Office of Economic Adjustment (OEA) to the Alameda Reuse and Redevelopment Authority. IV. V. E. Report from the Executive Director Regarding Adoption of Base Conversion Budget by the Alameda Reuse and Redevelopment Authority Until the Authority Submits Its Own Budget to OEA (Fall 1994). F. Report from Executive Director Recommending Approval of Selection of Consultant and Authorization for Executive Director to Negotiate and Execute a Contract. G. Discussion and Action (if any) Regarding Appointment of the Superintendent of the Alameda Unified School District to the Alameda Reuse' and Redevelopment Authority as a non-voting, ex-officio member. 0 COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT) (Any person may address the Governing Body in regard to any matter over which the Governing Body has jurisdiction or of which it may take cognizance, that is not on the agenda.) COMMUNICATIONS FROM GOVE p JOU ' MENT 1 ING BODY *********REVISED********* MINUTES OF THE FIRST REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Thursday, May 19, 1994 5:00 p.m. The meeting convened at 5:10 p.m. with Alameda City Manager/Executive Director William E. Norton presiding. I. ROLL CALL: Present: Councilmember Ralph Appezzato, City of Alameda; Councilman Lil Arnerich, City of Alameda; Mayor Ellen Corbett, City of San Leandro; Mr. Mark Friedman, Aide to Supervisor Don Perata, District 3; Councilmember Karin Lucas, City of Alameda; Vice-Mayor Richard Roth, City of Alameda; Mr. Sandre Swanson, District Director, 9th Congressional District; Mayor E. William Withrow, Jr., City of Alameda; Councilmember Dezie Woods-Jones, City of Oakland. (District Director Sandra Swanson arrived at 5:15 p.m.; Councilmember Dezie Woods-Jones arrived at 5:20 p.m. replacing her alternate City of Oakland Project Director Barry Cromartie) II. AGENDA ITEMS: A. SELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON OF THE GOVERNING BODY. City Manager/Executive Director William E. Norton announced that the first item on the agenda was the selection of the Chair and Vice-Chair of the Governing Body. Mr. Norton requested nominations for Chair and Vice-Chair from the Alameda Reuse and Redevelopment Authority members, and noted that there must be three votes from the City of Alameda pursuant to the rules of the Authority. Vice-Mayor of Alameda, Richard Roth, moved to nominate Alameda Mayor E. William Withrow, Jr. as Chair and District Director Sandre Swanson as Vice-Chair. The motion was seconded by Councilmember Karin Lucas and carried by a unanimous voice vote. Chair Withrow indicated that the intent of the meeting was to organize and establish basic guidelines and bylaws. He requested that the next meeting focus on orientation and the third meeting address substantive matters. B. Report on Designation of Executive Director Chair Withrow announced that the designation of the Executive Director was specified in the Joint Powers Agreement (JPA). City Manager/Executive Director William E. Norton stated that Section 9-C.1 of the JPA provides that the City Manager from the City of Alameda serve as the Executive Director and has the authority to designate a person to act in his place; he was appointing Don Parker as his designee; Mr. Parker has been with the Base Conversion Office project for ten months and is well qualified; and no action was required from the Authority on this item. C. Report from Executive Director Recommending Adoption of Bylaws Alameda Reuse and Redevelopment Authority Executive Director Don Parker stated that the Bylaws are required by the Joint Powers Agreement and set the overall structure of the Authority; one of the undetermined facts in the JPA is the establishment of a fiscal year; and recommended that the Authority adopted a fiscal year that coincides with the Office of Economic Adjustment (OEA) grant fiscal year period, November 1, 1993, through October 31, 1994, to assure ease of transition. Councilmember Karin Lucas inquired if the grant was a one-time grant or whether continued funding was expected. Mr. Parker stated that it would be a continuous process, and the planning process will be primarily supported by ()EA. Councilman Arnerich moved that the Authority accept the recommendation that the fiscal year coincide with the Office of Economic Adjustment (OEA) grant fiscal year period which runs from November 1, 1993 through October 31, 1994. The motion was seconded by Vice-Mayor Richard Roth and carried by unanimous voice vote. Vice-Mayor Richard Roth requested that the Authority require a roll call vote on particular items only. The City Attorney stated that the Bylaws could be amended to state that "the Governing Body shall vote by voice vote unless a roll call is requested by any member of the Governing Body". 2 Councilmember Dezie Woods-Jones moved that the Bylaws be approved as amended. The motion was seconded by Mayor Ellen Corbett and carried by unanimous voice vote. D. Report from Executive Director Recommending Adoption of a Resolution Establishing Rules and Procedures Mr. Parker reported that the Rules deal with procedures for holding meetings and conducting business of the Reuse and Redevelopment Authority. Currently, the rules are written to indicate that the Authority meetings will occur on a monthly basis, and that either the Chair or the majority of the Governing Body can call special meetings with 24 hour notice. Following discussion, Councilman Lil Arnerich moved that the regular monthly meetings of the Alameda Reuse and Redevelopment Authority be held on the first Wednesday of each month from 5:00 p.m. - 7:00 p.m., with the next meeting to be held on Wednesday, July 6, 1994. The motion was seconded by Mr. Mark Friedman and carried by unanimous voice vote. The subject of speaker slip availability was discussed and Mr. Parker informed the Members that speaker slips were currently being provided. Mr. Parker also agreed that the use of speaker slips should be added to the Rules and Procedures and that the speaker slips will be kept as part of the official record of the meetings. The question on timing of receipt of agendas and documents related to the agendas was discussed. Mr. Parker stated that the Agenda for each meeting will be mailed to the Members seven (7) days prior to the meeting. Chair Withrow requested large documents pertinent to an agenda item be mailed in advance of the seven day limit so that Members have more time to review the material. Mr. Parker agreed to this request. Vice-Chair Sandre Swanson inquired about amendments to the Bylaws, to which the City Attorney Carol Korade responded that the Rules and Procedures are adopted and amended by majority vote and resolution. Also, amendments become immediately effective upon adoption . Councilmember Karin Lucas moved for approval of the Rules and Procedures. The motion was seconded by Vice-Chair Sandre Swanson and carried by unanimous voice vote. Vice-Mayor Richard Roth raised the question of public hearings. City Attorney Carol Korade pointed out that the current meeting was not a public hearing and explained that a public hearing requires ten (10) days notice in the 3 newspaper and relates to things such as taxes and assessments. She added that the Alameda Reuse and Redevelopment Authority would require very few "hearings". Chair Withrow stated that the Governing Body should hear information from both proponents and opponents during the hearing so that the members cannot talk to individuals in advance of the hearing because it would put them into a biased positioned. City Attorney Carol Korade explained that the appeals and hearings rules are identical to those of the City of Alameda and reiterated that the Alameda Reuse and Redevelopment Authority would have very few hearings, if any. Councilmember Dezie Woods-Jones requested that if a hearing arise, Staff advise Members of the rules in order to avoid violation. City Attorney Carol Korade stated that Members would be advised in advance of a hearing. E. Report from Executive Director Discussing Primary Functions of the Alameda Reuse and Redevelopment Authority Mr. Parker stated that the National Defense and Authorization Act of 1994 specifies that an established Redevelopment Authority becomes recognized by the Secretary of Defense as the entity responsible for developing the Redevelopment Plan and submitting that plan to the Navy. On May 3, 1994, after the Joint Powers Agreement (JPA) had been signed, the Executive Director of the Alameda Reuse and Redevelopment Authority, City Manager William E. Norton, wrote Rear Admiral Ernest Tedeschi, Commander of the Naval Base, San Francisco, requesting that his office recognize the Alameda Reuse and Redevelopment Authority as the body responsible for submitting the Community Reuse Plan. On May 18, Admiral Tedeschi responded to the letter indicating that he had forwarded a copy of the request, along with a copy of the Joint Powers Agreement (JPA), to the Assistant Secretary of the Navy for Installations and Environment, with his full endorsement. It will take approximately thirty days for official recognition to occur. Mr. Parker further reported that, assuming recognition is received, the Alameda Reuse and Redevelopment Authority's primary task is the development of the Community Reuse Plan, and forwarding it on to the Navy for approval. This will then become the basis for the Navy to undertake its NEPA documentation, the EIS. Connected with that activity and anticipating that this would be the role of the Reuse Authority, staff has undertaken the process of creating a Request for Proposals (RFP) for consultants which was issued approximately one week ago. The proposal requires a team of consultants, most likely led by a planning firm, who will broadly assist in 4 developing a process for putting together a Reuse Plan for the Naval Air Station Alameda. The Lead Consultant and its team will be reporting back to the Reuse Authority as to the progress being made. The bid proposals are due on June 7, 1994, and the contract will be awarded immediately following. Another major function of the Alameda Reuse and Redevelopment Authority is to act as its own fiscal body; will apply for federal and state grants, create its own budget, may incur debts, sue and be sued, and can enter into contracts. It is also the Governing Body that will receive land from the federal government and determine how the land will be utilized and/or disposed of. The specific terms and functions are listed in the Joint Powers Agreement (JPA). Mr. Parker then discussed the Agenda Items/Actions which would probably be recommended to the Members at the next meeting. The first item will be the designation by each Authority Member of his or her proxy who will act on their behalf if they are unable to attend a meeting. The second item will be a resolution establishing the powers and authority of the Executive Director, the Secretary, the Finance Director, and the General Counsel. The third item will be a resolution adopting the procurement policy for the Reuse Authority. The fourth item will be the assignment of the City of Alameda's grant from OEA to the Reuse Authority. Councilman Arnerich asked for clarification on the assignment of a proxy. City Attorney Carol Korade stated that the Joint Powers Authority provides that each person on the Authority, including the five Alameda City Councilmembers, may, and are supposed to designate a proxy. This person will have the same rights, duties, and voting authority as the Authority Member. The specific intent of this is to provide a proxy or alternate that may have, for example, specific technical expertise. She then clarified that the Chair's (Mayor Withrow) proxy would have the same voting rights but would not be the Chair of the specific meeting, the Vice-Chair (District Director Sandre Swanson) would be the Chair in the event that Mayor Withrow could not attend and his Proxy was attending in his place. She also stated that the Authority could establish certain limitations on votes for proxies, for example, reserving those eight significant issues in the Joint Powers Agreement to be voted on just by the Authority Members or other issues as specified. Vice-Chair Sandre Swanson clarified that the Proxies are not flexible choices and that once a choice is made, it cannot be changed; if a Member is not at a meeting, everyone knows who the Proxy will be; and no one can at the last moment designate someone else. City Attorney Carol Korade agreed and stated that this is the purpose of this agenda item next time, so that everyone 5 will know who the Proxies are. Additionally, Vice-Chair Swanson suggested that the Rules and Procedures include something about items on the agenda being passed over to the next meeting, and the number of Member votes required to do so. Councilmember Dezie Woods-Jones suggested that the Rules and Procedures also include a statement regarding the replacement of a permanent proxy, and a mechanism in which to do so. City Attorney Carol Korade stated that currently this matter is not included in the Rules and Procedures, but is an example of future the Rules and Procedures changes that can be done through majority vote. Vice-Chair Sandre Swanson asked Mr. Parker whether the Procurement Policy would be received well in advance of the next meeting, in order for Members to have time to provide comments back to the staff. Mr. Parker agreed that the Procurement Policy could be issued two weeks prior to the next meeting in order to allow time for comments. City Attorney Carol Korade stated that to avoid any problems with the Brown Act, any comments made by Members will be part of the public record and that the majority of Members cannot meet and discuss the issue prior to the meeting. All comments should be sent to the Executive Director, and after receipt of all comments, they will be made available to the public, as well as all Members of the Authority. Mayor Ellen Corbett inquire whether the Joint Powers Agreement included any rules, policies, or procedures regarding meeting in any other venues besides the Alameda City Hall. Councilman Arnerich stated that the Bylaws specify that the Authority can go to a particular site, if necessary. III. ORAL COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT) A. Reverend Henry Willi s representing a member of the Humanity Baptist Church under Pastor George Anderson and the Chair of Job Work Development in Oakland addressed the Alameda Reuse and Redevelopment Authority on his desire to bring warehousing, piers, ships, and jobs into Oakland and Alameda. B. Bill Smith representing Bases Commercialization Bureau in Emeryville addressed the Alameda Reuse and Redevelopment Authority on his desire to bring jobs into Alameda and Oakland and to present a proposal regarding the helicopter industry. 6 IV. Communications From Governing Body Vice-Chair Sandre Swanson commended, and offered support, for the work of the Alameda City Council in leading the region to deal with the difficult problem of base closure during the last year. He stated that all of the Members of the Alameda Reuse and Redevelopment Authority are currently faced with a very serious challenge and that many of the other base closure activities around the country have been stalled because of a number of hurdles. The fact that regional participants are working together is being held in the state, and country, as a model of what can happen. He further added that all of the Members should feel very good at this moment given the difficult challenge before them and look forward to working on the Authority. Chair Withrow extended his thanks for the comments. He stated that it was an exciting time; the Alameda City Council had taken some hits in this area; however, believed it is truly an exciting time when the Alameda Reuse and Redevelopment Authority can move forward in a way that will involve a region, as opposed to strictly a city, take on issues that are beyond just the closing of the base, and do some things that can really have a positive impact on the East Bay. Additionally, Chair Withrow expressed his hope that the Alameda Reuse and Redevelopment Authority can, from the standpoint of re-energizing the economy, get business back into the base with not only jobs, but jobs which are truly meaningful and will carry us into the next century. Councilmember Dezie Woods-Jones moved to adjourn. Councilmember Appezzato requested that the appointment of Superintendent of Schools District as a non-voting ex-officio member be placed on the agenda of the next Reuse Authority meeting. V. Adjournment Chair Withrow adjourned the meeting at 6:18 p.m. Respectfully submitted, Elizabeth Brydon Secretary 7 Alameda Reuse and Redevelopment Authority Inter-office Memorandum July 1, 1994 TO: Honorable Members of the Alameda Reuse and Redevelopment Authority FROM: Don Parker Executive Director Alameda Reuse and Redevelopment Authority SUBJ: Designation by Each Authority Members of His/Her Proxy Background: Pursuant to section VI.B. (Governing Body of Authority) of the "Joint Exercise of Power Agreement" each member of the Alameda Reuse and Redevelopment Authority shall appoint one alternate as a representative. Discussion/Analysis: At the organizational meeting of the Alameda Reuse and Redevelopment Authority on May 19, 1994, each Member was asked to be prepared at the next meeting to designate their alternate. The alternate shall have all the rights and authority of a Member; however, these rights and authority may only be exercised in the absence of the designated Member. Fiscal Impact: None. Recommendation: It is recommended that each Alameda Reuse and Redevelopment Authority designate his/her alternate. Re ectfu ly submitted, Don Parker Executive Director DP:JM:eb Alameda Reuse and Redevelopment Authority Inter-office Memorandum July 6, 1994 TO: Honorable Members of the Alameda Reuse and Redevelopment Authority FROM: Don Parker Executive Director Alameda Reuse and Redevelopment Authority SUBJ Report From the Executive Director Recommending Adoption of a Resolution Establishing the Powers and Authority of the Executive Director, the the Secretary, the Finance Director, and the General Counsel Background: At the May 16, 1994, organizational meeting of the Alameda Reuse and Redevelopment Authority, Bylaws were adopted. Section 2.04 of the Bylaws state that the powers of the Executive Director shall be established by resolution adopted by the Governing Body. Discussion/Analysis: Attached for the Governing Body's consideration is a Resolution establishing the powers and authority of the Executive Director, Secretary, General Counsel and Finance Director. According to the previously adopted Bylaws, the Secretary shall be appointed by the Executive Director and shall serve at the pleasure of the Executive Director; the Authority shall contract with the City Attorney of the City of Alameda or the City Attorney's designee to serve as the General Counsel of the Authority; the Authority shall contract with the Finance Director of the City of Alameda or the Finance Director's designee to serve as Finance Director of the Authority. Fiscal Impact: None. Recommendation: It is recommended that the Alameda Reuse and Redevelopment Authority adopt the Resolution "Establishing the Powers and Authority of the Executive Director, the Secretary, the Finance Director, and the General Counsel". DP:JM:eb spectful y sUbmtted, Don Parker Executive Director Attachment: Resolution Establishing the Powers and Authority of the Executive Director, the Secretary, the Finance Director, and the General Counsel ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY RESOLUTION NO. ESTABLISHING POWERS AND AUTHORITY OF THE EXECUTIVE DIRECTOR, SECRETARY, FINANCE DIRECTOR 'AND GENERAL COUNSEL WHEREAS, the Joint Exercise of Powers Agreement between the City of Alameda and County of Alameda created the Alameda Reuse and Redevelopment Authority; and WHEREAS, the Governing Body of the Alameda Reuse and Redevelopment Authority has adopted Bylaws; WHEREAS, the Alameda Reuse and Redevelopment Authority Joint Exercise of Powers Agreement and Bylaws set forth certain powers of the Executive Director, such as the general supervision over the administration of Authority business, affairs, and employees in accordance with all applicable laws; and WHEREAS, those Bylaws state that the powers and authority of the Executive Director of the Alameda Reuse and Redevelopment Authority shall be established by resolution; NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Alameda Reuse and Redevelopment Authority that the Executive Director of the Alameda Reuse and Redevelopment Authority shall have the power and it shall be his/her duty: 1. To administer and execute policies and undertakings formulated by the Governing Body of the Alameda Reuse and Redevelopment Authority; 2. To attend all meetings of the Governing Body of the Alameda Reuse and Redevelopment Authority unless excused by the Governing Body or its Chairperson. 3. To keep the Governing Body of the Alameda Reuse and Redevelopment Authority at all times advised as to the needs of the Authority and to recommend such measures and policies as he/she may deem expedient; 4. To conduct such investigations and prepare, or cause to be prepared, such plans, specifications or reports as may be specified by the Governing Body of the Alameda Reuse and Redevelopment Authority; 5. To take such steps as are necessary to arrange for funds to conduct Alameda Reuse and Redevelopment Authority's affairs, from contributions, state or federal grants, and from any other sources available; 6. To request approval of the Governing Body of the Alameda Reuse and Redevelopment Authority for any expenditure exceeding the amount specified in the approved budget; 7. To lease or grant concessions, privileges, franchises, permits, licenses or easements of real or personal property of the Alameda Naval Air Station and Depot, or any portion thereof or building or structure situated therein for a period of no longer than seven (7) years; 8. To supervise all concessions, privileges, franchises, permits, licenses or easements of real or personal property. of Alameda Naval Air Station and Depot, or any portion thereof or building or structure situated therein and to report all violations thereof to the Governing Body of the Alameda Reuse and Redevelopment Authority; 9. To accept or reject all grants of personal property of Alameda Naval Air Station and Depot, or any portion thereof or building or structure situated therein, from the United States of America; 10. To approve and execute all contracts, agreements and documents within the scope of delegated Authority and consistent with the procurement policy adopted by the Governing Body of the Alameda Reuse and Redevelopment Authority; 11. To see that all contracts and agreements entered into by the Alameda Reuse and Redevelopment Authority are faithfully performed and to report all violations thereof to the Governing Body of the Alameda Reuse and Redevelopment Authority; 12. To appoint or retain technical advisory experts such as architects, engineers and other professionals within the scope of delegated authority and consistent with the procurement policy adopted by the Governing Body of the Alameda Reuse and Redevelopment Authority; 13. To develop the Alameda Reuse and Redevelopment Authority's position, consistent with its general policies, on pending legislation of local, state, and federal agencies and to communicate such position to the appropriate agency, subject to rescission by the Governing Body of the Alameda Reuse and Redevelopment Authority; 14. To prepare the Alameda Reuse and Redevelopment Authority's comments, consistent with its general policies, on pending decisions of or pending proposals to local, state, and federal agencies and to communicate such comments to the appropriate agency, subject to rescission by the Governing Body of the Alameda Reuse and Redevelopment Authority; 15. To negotiate and execute agreements with local, state and federal agencies and public utilities regarding decisions impacting the reuse of the Alameda Naval Air Station and Depot, provided that such agreements shall not require the expenditure of more than $75,000 and shall be consistent with the general policies of the Alameda Reuse and Redevelopment Authority; 16. To prepare and submit a budget within sixty (60) days after the Alameda Reuse and Redevelopment Authority Joint Exercise of Powers Agreement takes effect and annually thereafter; 17. To hire, compensate, discipline, and discharge any employees of the Authority in accordance with all applicable laws; 18. To formulate rules and regulations for officers and employees under his/her direction; 19. To evaluate all employees under his/her direction on an annual basis and review the evaluations with said employees; 20. To appoint, discipline, and remove the Secretary of the Alameda Reuse and Redevelopment Authority; 21. To investigate the conduct and proceedings of any officer, Alameda Reuse and Redevelopment Authority member, or employee, when so directed by a majority of the Governing Body of the Alameda Reuse and Redevelopment Authority; and 22. To perform such other duties and functions as may from time to time be required by the Governing Body of the Alameda Reuse and Redevelopment Authority. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY that neither the Authority nor its members shall interfere with the execution by the Executive Director of his/her powers and duties. Except for purposes of inquiry, the Authority and its members shall deal with that portion of the administrative service for which the Executive Director is responsible solely through him/her. BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY that the Secretary of the Alameda Reuse and Redevelopment Authority shall have the power and it shall be his/her duty to: 1. To maintain, or cause to be maintained, the correspondence, library, records, and archives of the Alameda Reuse and Redevelopment Authority; 2. To keep separate properly indexed books in which he/she shall record all resolutions of the Governing Body of the Alameda Reuse and Redevelopment Authority; 3. To take affidavits and administer oaths, without charge, in all matters affecting the business of 6 the Alameda Reuse and Redevelopment Authority. BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY that the Finance Director shall have the power and it shall be his/her duty to: 1. To maintain the Alameda Reuse and Redevelopment Authority's financial transactions, accounts and records in accordance with the requirements of State and Federal laws and generally accepted accounting principles and practices; 2. To provide for an audit, at least annually, of the Alameda Reuse and Redevelopment Authority's financial operations books and records to assure that they are properly maintained. BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY that the General Counsel shall have the power and it shall be his/her duty to: 1. To obtain consent of the Governing Body of the Alameda Reuse and Redevelopment Authority or the Executive Director prior to initiating litigation; 2. To employ special legal counsel, as he/she may deem necessary, provided that there are budgeted funds, and otherwise seek authorization to employ special legal counsel; 3. To settle, compromise or discuss any litigation or claims in the amount of under $15,000. RESO\ARRA.POWERS Revised 07/06/94 11:30 a.m. Alameda Reuse and Redevelopment Authority Inter-office Memorandum July 6, 1994 TO: Honorable Members of the Alameda Reuse and Redevelopment Authority FROM: Don Parker Executive Director Alameda Reuse and Redevelopment Authority SUBJ: Report from the Executive Director Recommending Adoption of the Procurement Policy for the Alameda Reuse and Redevelopment Authority Background The Governing Body, at its May 19, 1994 meeting, directed staff to prepare the Alameda Reuse and Redevelopment Authority (ARRA) Procurement Policy. A procurement policy is necessary to establish a system for obtaining goods and services for the Authority. Discussion/Analvsis The purpose of the ARRA Procurement Policy is to establish comprehensive procedures for the Authority to procure; (a) materials, supplies, equipment or other personal property; (b) public works and improvements; (c) nonprofessional services; (d) general professional services; and (e) architectural and engineering professional services. The ARRA Procurement Policy has been drafted in conformity with federal procurement regulations for recipients of Department of Defense grants (see Title 32, Part 33 of the Code of Federal Regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"). In addition, the ARRA Procurement Policy incorporates purchasing and procurement procedures similar to those in the California Public Contract Code. The procedures in the ARRA Procurement Policy represent a balance between federal requirements, industry norms, and the unique complexities of military base reuse and conversion. The ARRA Procurement Policy has been organized according to the category of goods or services which the Authority may choose to procure. For instance, one section is devoted to procurement of materials and supplies, and another section to procurement of public works and improvements. Within each category of goods or services, the organization is generally by the form of procurement (i.e., competitive, routine, emergency noncompetitive). Additional sections of the ARRA Procurement Policy address procedures which are common to all categories of goods or services, and to all forms of procurement. Honorable Members of the Alameda Reuse and Redevelopment Authority Financial Impact/Budeet Considerations July 6, 1994 • Page 2 The ARRA Procurement Policy involves no financial impacts or budget considerations at this time. Recommendation It is recommended that the Governing Body of the Alameda Reuse and Redevelopment Authority approve and adopt by motion the attached • • • Procurement Policy. RTpectfully submitted, Don Parker Executive Director DP:CAK:jo Attachment: Procurement Policy DA USE .1 REDEVELOP 1 :Z PROC 1' NT POLICY July 6, 1994 TABLE OF CO NTS I. GENERAL A. Purpose . . . . . . . . . . . . . . . . •••• . 02 B. Management . . . . . . . . . . . . . ..... . 02 C. Recordkeeping . . .......... ..... . 02 II. MATERIALS, SUPPLIES AND EQUIPMENT A. General . . . . . . . . . . . . . . ........ 04 B. Methods of Procurement . . . . . .. OOOOOO . 04 C. Competitive Bid Procurement . . . ......... 05 D. Routine Procurement . . . . . . . . ....... 12 E. Emergency Procurement . . . . . . ......... 12 F. Noncompetitive Procurement . . . ......... 12 III. PUBLIC WORKS AND IMPROVEMENTS 6 A. General . . . . . . . . . . . . ........ 14 B. Methods of Procurement . . . . 0 • ••••••• 14 C. Competitive Bid Procurement . . . . . ...... 15 D. Routine Procurement . . . . . . . . ....... 24 E. Emergency Procurement . . . . . . . . ...... 24 F. Noncompetitive Procurement . . ......... 24 IV. NONPROFESSIONAL SERVICES A. General . . . . . . . . . . . .......... 26 B. Methods of Procurement . . . . . 6 ■ • e••• 26 C. Competitive Bid Procurement . . . . . . . . . . 27 D. Routine Procurement . . . . OS ••••• . 33 E. Emergency Procurement . . . . . . . . .0 0 0 • . 34 F. Noncompetitive Procurement . . . . . . . . . . . 34 V. GENERAL PROFESSIONAL SERVICES A. General . . . . . . . . . . . . . . . . . . . . . . 36 B. Methods of Procurement . . . . . . . . . . . . . . 36 C. Competitive Proposal Procurement . . . . . . . . . 37 D. Routine Procurement . . . . . . . . . . . . . . . . 46 E. Emergency Procurement . . . . . • • • • • • • . . 46 F. Noncompetitive Procurement . . . . . . . . . . . . 46 VI. ARCHITECTURAL D ENGINEERING PROFESSIONAL SERVICES A. General . . . . . . . . . . B. Methods of Procurement . . • •..• • • • . ••• 48 • • • • • • • • • • • • 48 C. Competitive Statement of Qualifications Procurement 49 D. Routine Procurement . . . . . . . . . . . • • • • • 60 E. Emergency Procurement . . . -. . . . . . . • • • • • 60 F. Noncompetitive Procurement . . . . . . . . . . . . 60 VII. ROUTINE PROCUREMENT A. Application . . . . . . . ......... . . . 62 B. Solicitation Procedure ....... . . . . . . . 62 C. Selection Procedure . . . . ......... . . 62 VIII.EMERGENCY PROCUREMENT A. Application . . • . . . . . •••••• 60000 . 64 B. Solicitation Procedure . . . . . . . . . . . . . 64 C. Selection Procedure . . . . . a ...a.. a . 65 IX. NONCOMPETITIVE PROCUREMENT A. Application . . . . . . . . . . ...... . . 67 B. Solicitation Procedure . . . . ...... . . 68 C. Selection Procedure . . . . . . •••••• 60 68 TABLE OF CONTENTS - cont'd X. UNIFORM SELECTION FACTORS . OW •••••••• 70 XI. UNIFORM CONTRACT REQUIREMENTS A. Contract Cost and Price . . . . . . . . . . . . . . 72 B. Contract Provisions . . . . . ......... 73 C. Contract Administration . . . . . . . . . . . . . . 75 XII. AWARD AUTHORITY . . . . . . . . . . . . . . . . . . . . 77 XIII.CONFLICT OF INTERESTS . . . . . . . . . . . . . . . 79 XIV. SMALL, MINORITY, WOMEN'S AND LABOR SURPLUS FIRMS . . . 81 GENE 1 I. GENERAL. A. Purpose. The purpose of this procurement policy is to establish a system by which the Alameda Reuse and Redevelopment Authority ("Authority"), or its authorized designees, may procure: (a) materials, supplies, equipment or other personal property; (b) public works and improvements; (c) nonprofessional services; (d) general professional services; and (e) architectural and engineering professional services. The procurement policy is established in accordance with the Joint Exercise of Powers Agreement creating the Authority and the Bylaws of the Authority. The procurement policy incorporates relevant provisions of Title 32, Part 33 of the Code of Federal Regulations ("Uniform 4 4 Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"). The procurement policy, as permitted by law, does not specifically follow the requirements of the California Public Contract Code. B. Management. The procurement system shall be managed by the Executive Director of the Authority ("Executive Director") or his/her designee. The Executive Director shall have the full authority to procure, or provide for the procurement of, all materials, supplies, equipment or other personal property; public works and improvements; nonprofessional services; general professional services; and architectural and engineering professional services for the Authority, in accordance with the provisions of this procurement policy. C. Recordkeeping. The Executive Director or his/her designee shall maintain records sufficient to detail the significant history of each procurement. 2 TE S, SUPPLIES II. PROCUREMENT OF MATERIALS, SUPPLIES AND EQUIPMENT. A. General. 1. "Materials, supplies, equipment or other personal property" are defined as products which do not involve a labor component, but do not include products which are incidental to procurement of public works and improvements; nonprofessional services; general professional services; or architectural and engineering professional services. 2. Materials, supplies, equipment or other personal property shall be procured by competitive bid procurement, routine procurement, noncompetitive procurement or emergency procurement. B. Methods of Procurement. 1. Competitive Bid Procurement. Procurements where the cost is estimated to be $75,001.00 or more - Formal Bid. Procurements where the cost is estimated to be between $25,001.00 and $75,000.99 - Informal Bid. 2. Routine Procurement. Procurements where the cost is estimated to be $25,000.99 or less - Routine Procurement. 3. Emergency Procurement. Procurements where the Executive Director has determined that a public emergency exists and standard procurement is infeasible due to immediate threat of injury to persons or property - Emergency Procurement. 4. Noncompetitive Procurement. Procurements where the cost is estimated to be $25,001.00 or more and competitive procurement is infeasible due to certain limited conditions - Noncompetitive Procurement. 4 C. Competitive Bid Procurement. 1. Solicitation Procedure. a. List of Qualified Bidders. (1) The Executive Director or his/her designee shall, at the beginning of each fiscal year, prepare a list of qualified bidders. (2) The Executive Director or his/her designee shall send an annual notice to appropriate newspapers, trade journals and trade organizations inviting contractors and suppliers to submit their names to be included in the list of qualified bidders. The Authority will not preclude potential bidders from qualifying for the list during a solicitation period. b. Development of Specifications. (1) The Executive Director or his/her designee shall prepare specifications for the materials, supplies, equipment or other personal property to be procured, the cost of which is estimated to be $25,001.00 or more in the aggregate. (2) Specifications shall describe the technical requirements for the materials, supplies, equipment or other personal property to be procured, and shall identify other requirements that the bidder must fulfill. (3) Specifications may use a "brand name or equal" description for the materials, supplies, equipment or other personal property to be procured, so long as (a) at least two brands or trade names of comparable quality or utility are listed, and (b) bidders are permitted to furnish an equal product. 5 (4) Specifications shall require that bidders disclose in bids the name, the location of the place of business, and the amount of work to be performed,' for each subcontractor or subsupplier which will provide materials, supplies, equipment or other personal property in an amount in excess of one-half of 1 percent of the total bid. (5) Specifications shall identify the required format for bids. (6) Specifications shall identify the due date for the bids, and the place where they are to be submitted. (7) Specifications shall identify the factors to be used in evaluating bids and their relative importance. (8) Specifications shall be set forth on the Authority's standard forms. (9) The Governing Body of the Authority shall approve all specifications for the materials, supplies, equipment or other personal property to be procured, the cost of which is estimated to be $75,001.00 or more in the aggregate. (10) The Executive Director or his/her designee shall approve all specifications for the materials, supplies, equipment or other personal property to be procured, the cost of which is estimated to be between $25,001.00 and $75,000.99 in the aggregate. (11) The Executive Director or his/her designee shall review and approve the commercial aspects of all specifications. (12) The General Counsel of the Authority or his/her designee shall review and approve the legal and insurance aspects of all specifications. c. Formal Bids. (1) Application. Materials, supplies, equipment or other personal property, where the cost is estimated to be $75,001.00 or more in the aggregate, or where a firm fixed price contract will have an indefinite quantity, shall be procured by formal competitive bid. (2) Notice. A, notice describing the materials, supplies, equipment or other personal property to be procured, where to obtain more information, and the time and place for submitting bids, shall be: (a) Published in a newspaper of general circulation, not less than 15 days before the due date for the bids; (b) Mailed to trade journals, if applicable, not less than 15 days before the due date for the bids; (c) Mailed to contractors/suppliers whose names are on the qualified bidders list, not less than 15 days before the due date for the bids; and (d) Sent to others as necessary or desired. (3) Sealed Bids. All bids shall be under sealed cover, unless the Executive Director or his/her designee shall provide otherwise in the specifications. (4) Receipt of Bids. Whether or not bids are opened exactly on the due date for the bids, a bid shall not be received after that time. (5) Withdrawal of Bids. Any bid may be withdrawn at any time prior to the due date for the bids, but shall only be by written request for the withdrawal directed to the Executive Director. The request for the withdrawal of a bid shall only be filed by the bidder or his/her authorized designee. The request for the withdrawal must be received by the Executive Director prior to the due date for the bids. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid prior to the due date for the bids. d. Informal Bids. (1) Application. Materials, supplies, equipment or other personal property, where the cost is estimated to be between $25,001.00 and $75,000.99 in the aggregate, shall be procured by informal competitive bid. (2) Notice. A notice describing the materials, supplies, equipment or other personal property to be procured, where to obtain more information, and the time and place for submitting bids, shall be (3) (a) Published in a newspaper of general circulation, not less than 10 days before the due date for the bids. (b) Mailed to contractors or suppliers whose names are on the qualified bidders list, not less than 10 days before the due date for the bids. (c) Sent to others as necessary or desired. Sealed Bids. All bids shall be under sealed cover, unless the Executive Director or his/her designee shall provide otherwise in the specifications. (4) Receipt of Bids. Whether or not bids are opened exactly on the due date for the bids, a bid shall not be received after that time. (5) Withdrawal of Bids. Any bid may be withdrawn at any time prior to the due date for the bids, but shall only be by written request for the withdrawal directed to the Executive Director. The request for the withdrawal of a bid shall only be filed by the bidder or his/her authorized designee. The request for the withdrawal must be received by the Executive Director prior to the due date for the bids. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid prior to the due date for the bids. 2. Selection Procedure. a. Formal Bids. (1) Opening of Bids. On the due date for the bids, the Executive Director or his/her designee shall open the bids. (2) Award to Lowest Responsible Bidder. (3) The contract shall be awarded to the lowest responsible bidder. Award to. Next Lowest Responsible Bidder. On the refusal or failure of the successful bidder to execute the contract, the contract may be awarded to the next lowest responsible bidder. (4) Identical Bids. If two bids are the same and the lowest, the Governing Body of the Authority may accept the one it chooses. (5) Absence of Bids. If no bids are received, the Executive Director may: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (6) Rejection of All Bids. The Governing Body of the Authority shall have the right to reject all bids presented for any reason. The Governing Body need not state the reason for rejection. After rejection of all bids, and recalculation of the contract cost/price analysis, the Governing Body may direct the Executive Director to: (7) (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. Relief of Bidders. A bidder shall not be relieved of a bid unless by consent of the Governing Body of the Authority. No change shall be made in a bid because of mistake unless by consent of the Governing Body of the Authority. A bidder shall make a written request for relief from a bid or change in a bid no later than 5 days after the opening of the bids. b. Informal Bids. (1) Opening of Bids. On the due date for the bids, the Executive Director or his/her designee shall open the bids. (2) Award to Lowest Responsible Bidder. The contract shall be awarded to the lowest responsible bidder. Award to Next Lowest Responsible Bidder. (3) On the refusal or failure of the successful bidder to execute the contract, the contract may be awarded to the next lowest responsible bidder. (4) Identical Bids. (5) If two bids are the same and the lowest, the Executive Director may accept the one he/she chooses. Absence of Bids. If no bids are received, the Executive Director may: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (6) Rejection of All Bids. The Executive Director shall have the right to reject all bids presented for any reason. The Executive Director need not state the reason for rejection. After rejection of all bids, and recalculation of the contract cost/price analysis, the Executive Director may: (a) Abandon the procurement action; 11 (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (7) Relief of Bidders. A bidder shall not be relieved of a bid unless by consent of the Governing Body of the Authority. No change shall be made in a bid because of mistake unless by consent of the Governing Body of the Authority. A bidder shall make a written request for relief from a bid or change in a bid no later than 5 days after the opening of the bids. D. Routine Procurement. Materials, supplies, equipment or other personal property, where the cost is estimated to be $25,000.99 or less in the aggregate, shall be procured by routine procurement procedures in Section VII, below. E. Emergency Procurement. Materials, supplies, equipment or other personal property, where the Executive Director has determined that a public emergency exists and standard procurement is infeasible due to immediate threat of injury to persons or property, may be procured by emergency procurement procedures in Section VIII, below. F. Noncompetitive Procurement. Materials, supplies, equipment or other personal property, where the cost is estimated to be $25,001.00 or more in the aggregate, and competitive procurement is infeasible due to certain limited conditions, may be procured by noncompetitive procurement procedures in Section IX, below. 12 P IC WO ROVE 13 a III. PROCUREMENT OF PUBLIC WORKS AND IMPROVEMENTS. A. General. 1. "Public works and improvements" are defined as the erection, construction, alteration, repair, maintenance or improvement of any public structure, building, road, or other public improvement of any kind, but do not include work which is incidental to procurement of materials, supplies, equipment or other personal property; nonprofessional services; general professional services; or architectural and engineering professional services. 2. Public works and improvements shall be procured by competitive bid procurement, routine procurement, noncompetitive procurement or emergency procurement. B. Methods of Procurement. 1. Competitive Bid Procurement. Procurements where the cost is estimated to be $75,001.00 or more - Formal Bid. Procurements where the cost is estimated to be between $25,001.00 and $75,000.99 - Informal Bid. 2. Routine Procurement. Procurements where the cost is estimated to be $25,000.99 or less - Routine Procurement. 3. Emergency Procurement. Procurements where the Executive Director has determined that a public emergency exists and standard procurement is infeasible due to immediate threat of injury to persons or property - Emergency Procurement. 4. Noncompetitive Procurement. Procurements where the cost is estimated to be $25,001.00 or more and competitive procurement is infeasible due to certain limited conditions - Noncompetitive Procurement. 14 C. Competitive Bid Procurement. 1. Solicitation Procedure. a. List of Qualified Bidders. (1) The Executive Director or his/her designee shall, at the beginning of each fiscal year, prepare a list of qualified bidders. (2) The Executive Director or his/her designee shall send an annual notice to appropriate newspapers, trade journals and trade organizations inviting contractors and suppliers to submit their names to be included in the list of qualified bidders. The Authority will not preclude potential bidders from qualifying for the list during a solicitation period. b. Development of Plans and/or Specifications. (1) The Executive Director or his/her designee shall prepare plans and/or specifications for the public works and improvements to be procured, the cost of which is estimated to be $25,001.00 or more in the aggregate. (2) Plans and/or specifications shall describe the technical requirements for the public works and improvements to be procured, and shall identify other requirements that the bidder must fulfill. (3) Plans and/or specifications shall require that bidders disclose in bids the name, the location of the place of business, and the amount of work to be performed, for each subcontractor or subsupplier which will perform work or labor or render service to the primary bidder in or about the construction of the public works and improvements to be procured in an amount in excess of one-half of 1 percent of the total bid. (4) Plans and/or specifications shall identify the required format for bids. 15 • (5) Plans and/or specifications shall identify the due date for the bids, and the place where they are to be submitted. (6) Plans and/or specifications shall identify the factors to be used in evaluating bids and their relative importance. (9) Plans and/or specifications shall be set forth on the Authority's standard forms. The Governing Body of the Authority shall approve all plans and/or specifications for the public works and improvements to be procured, the cost of which is estimated to be $75,001.00 or more in the aggregate. The Executive Director or his/her designee shall approve all plans and/or specifications for the public works and improvements to be procured, the cost of which is estimated to be between $25,001.00 and $75,000.99 in the aggregate. (10) The Executive Director or his/her designee shall review and approve the commercial aspects of all plans and/or specifications. (11) The General Counsel of the Authority or his/her designee shall review and approve the legal and insurance aspects of all plans and/or specifications. c. Formal Bids. (1) Application. Public works and improvements, where the cost is estimated to be $75,001.00 or more in the aggregate, or where a firm fixed price contract will have an indefinite quantity, shall be procured by formal competitive bid. 16 (2) Notice. A notice describing the public works and improvements to be procured, where to obtain more information, and the time and place for submitting bids, shall be: (a) Published in a newspaper of general circulation, not less than 15 days before the due date for the bids; (b) Mailed to trade journals, if applicable, not less than 15 days before the due date for the bids; (c) Mailed to contractors/suppliers whose names are on the qualified bidders list, not less than 15 days before the due date for the bids; and (d) Sent to others as necessary or desired. (3) Sealed Bids. All bids shall be under sealed cover, unless the Executive Director or his/her designee shall provide otherwise in the applicable plans and/or specifications. (4) Receipt of Bids. Whether or not bids are opened exactly on the due date for the bids, a bid shall not be received after that time. (5) Withdrawal of Bids. Any bid may be withdrawn at any time prior to the due date for the bids, but shall only be by written request for the withdrawal directed to the Executive Director. The request for the withdrawal of a bid shall only be filed by the bidder or his/her authorized designee. The request for the withdrawal must be received by the Executive Director prior to .the due date for the bids. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid prior to the due date for the bids. 17 a (6) Bid Security. The Executive Director may require a bid security equivalent to ten percent (10%) of the bid price to assure that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. The bid security may be in the form of a bid bond, cash, cashier's check or certified check. Any bid bond provided as a bid security shall be from a surety approved by the General Counsel of the Authority. The Authority shall retain the bid security of the successful bidder until the contract is signed. d. Informal Bids. (1) Application. Public works and improvements, where the cost is estimated to be between $25,001.00 and $75,000.99 in the aggregate, shall be procured by informal competitive bid. (2) Notice. A notice describing the public works and improvements to be procured, where to obtain more information, and the time and place for submitting bids, shall be: (a) Published in a newspaper of general circulation, not less than 10 days before the due date for the bids. (3) (b) Mailed to contractors or suppliers whose names are on the qualified bidders list, not less than 10 days before the due date for the bids. (c) Sent to others as necessary or desired. Sealed Bids. All bids shall be under sealed cover, unless the Executive Director or his/her designee shall provide otherwise in the applicable plans and/or specifications. 18 (4) Receipt of Bids. Whether or not bids are opened exactly on the due date for the bids, a bid shall not be received after that time. (5) Withdrawal of Bids. Any bid may be withdrawn at any time prior to the due date for the bids, but shall only be by written request for the withdrawal directed to the Executive Director. The request for the withdrawal of a bid shall only be filed by the bidder or his/her authorized designee. The request for the withdrawal must be received by the Executive Director prior to the due date for the bids. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid prior to the due date for the bids. (6) Bid Security. The Executive Director may require a bid security equivalent to ten percent (1O%) of the bid price to assure that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. The bid security may be in the form of a bid bond, cash, cashier's check or certified check. Any bid bond provided as a bid security shall be from a surety approved by the General Counsel of the Authority. The Authority shall retain the bid security of the successful bidder until the contract is signed. 2. Selection Procedure. a. Formal Bids. (1) Opening of Bids. On the due date for the bids, the Executive Director or his/her designee shall open the bids. 4 4 (2) Award to Lowest Responsible Bidder. (3) The contract shall be awarded to the lowest responsible bidder. Award to Next Lowest Responsible Bidder. On the refusal or failure of the successful bidder to execute the contract, the contract may be awarded to the next lowest responsible bidder. (4) Identical Bids. If two bids are the same and the lowest, the Governing Body of the Authority may accept the one it chooses. (5) Absence of Bids. If no bids are received, the Executive Director may: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (6) Rejection of All Bids. The Governing Body of the Authority shall have the right to reject all bids presented for any reason. The Governing Body need not state the reason for rejection. After rejection of all bids, and recalculation of the contract cost/price analysis, the Governing Body may direct the Executive Director to: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. 20 (7) Relief of Bidders. A bidder shall not be relieved of a bid unless by consent of the Governing Body of the Authority. No change shall be made in a bid because of mistake unless by consent of the Governing Body of the Authority. A bidder shall make a written request for relief from a bid or change in a bid no later than 5 days after the opening of the bids. (8) Performance Security. The Executive Director may require a performance bond for no more than one hundred percent (100%) of the contract price to secure fulfillment of all contractor/supplier obligations under the contract. The performance bond shall be from a surety approved by the General Counsel of the Authority. The Authority shall retain the performance bond until six months after the public works and improvements are completed. Refusal or failure to furnish any required bond shall constitute failure to execute the contract. (9) Payment Security.. The Executive Director shall require a payment bond for no more than one hundred percent (100%) of the contract price to assure payment of all persons supplying labor and material in the execution of the work provided, for in the contract. The payment bond shall be from a surety approved by the General Counsel of the Authority. The Authority shall retain the payment bond until six months after the public works and improvements are completed. Refusal or failure to furnish any required bond shall constitute failure to execute the contract. b. Informal Bids. (1) Opening of Bids. On the due date for the bids, the Executive Director or his/her designee shall open the bids. (2) Award to Lowest Responsible Bidder. The contract shall be awarded to the lowest responsible bidder. (3) Award to Next Lowest Responsible Bidder. On the refusal or failure of the successful bidder to execute the contract, the contract may be awarded to the next lowest responsible bidder. (4) Identical Bids. (5) If two bids are the same and the lowest, the Executive Director may accept the one he/she chooses. Absence of Bids. If no bids are received, the Executive Director may: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (6) Rejection of All Bids. The Executive Director shall have the right to reject all bids presented for any reason. The Executive Director need not state the reason for rejection. After rejection of all bids, and recalculation of the contract cost/price analysis, the Executive Director may: (a) Abandon the procurement action; 22 (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (7) Relief of Bidders. A bidder shall not be relieved of a bid unless by consent of the Governing Body of the Authority. No change shall be made in a bid because of mistake unless by consent of the Governing Body of the Authority. A bidder shall make a written request for relief from a bid or change in a bid no later than 5 days after the opening of the bids. (8) Performance Security. (9) The Executive Director may require a performance bond for no more than one hundred percent (100%) of the contract price to secure fulfillment of all contractor/supplier obligations under the contract. The performance bond shall be from a surety approved by the General Counsel of the Authority. The Authority shall retain the performance bond until six months after the public works and improvements are completed. Refusal or failure to furnish any required bond shall constitute failure to execute the contract. Payment Security. The Executive Director shall require a payment bond for no more than one hundred percent (100%) of the contract price to assure payment of all persons supplying labor and material in the execution of the work provided for in the contract. The payment bond shall be from a surety approved by the General Counsel of the Authority. The Authority shall retain the payment bond until six months after the public works and improvements are completed. Refusal or failure to furnish any required bond shall constitute failure to execute the contract. 23 D. Routine Procurement. Public works and improvements, where the cost is estimated to be $25,000.99 or less in the aggregate, shall be procured by routine procurement procedures in Section VII, below. E. Emergency Procurement. Public works and improvements, where the Executive Director has determined that a public emergency exists and standard procurement is infeasible due to immediate threat of injury to persons or property, may be procured by emergency procurement procedures in Section VIII, below. F. Noncompetitive Procurement. Public works and improvements, where the cost is estimated to be $25,001.00 or more in the aggregate, and competitive procurement is infeasible due to certain limited conditions, may be procured by noncompetitive procurement procedures in Section IX, below. 24 NONPROFESSIONAL SERVICES 25 4 IV. PROCUREMENT OF NONPROFESSIONAL SERVICES. A. General. 1. "Nonprofessional services" are defined as services not involving specialized knowledge or personal skill, but do not include services which are incidental to procurement of materials, supplies, equipment or other personal property; or public works and improvements. 2. Nonprofessional services shall be procured by competitive bid procurement, routine procurement, noncompetitive procurement or emergency procurement. B. Methods of Procurement. 1. Competitive Bid Procurement. Procurements where the cost is estimated to be $75,001.00 or more - Formal Bid. Procurements where the cost is estimated to be between $25,001.00 and $75,000.99 - Informal Bid. 2. Routine Procurement. Procurements where the cost is estimated to be $25,000.99 or less - Routine Procurement. 3. Emergency Procurement. Procurements where the Executive Director has determined that a public emergency exists and standard procurement is infeasible due to immediate threat of injury to persons or property - Emergency Procurement. 4. Noncompetitive Procurement. Procurements where the cost is estimated to be $25,001.00 or more and competitive procurement is infeasible due to certain limited conditions - Noncompetitive Procurement. 26 C. Competitive Bid Procurement. 1. Solicitation Procedure. a. List of Qualified Bidders. (1) The Executive Director or his/her .designee shall, at the beginning of each fiscal year, prepare a list of qualified bidders. (2) The Executive Director or his/her designee shall send an annual notice to appropriate newspapers, trade journals and trade organizations inviting contractors and suppliers to submit their names to be included in the list of qualified bidders. The Authority will not preclude potential bidders from qualifying for the list during a solicitation period. b. Development of Specifications. (1) The Executive Director or his/her •designee shall prepare specifications for the nonprofessional services to be procured, the cost of which is estimated to be $25,001.00 or more in the aggregate. (2) Specifications shall describe the technical requirements for the nonprofessional services to be procured, and shall identify other requirements that the bidder must fulfill. (3) Specifications shall require that bidders disclose in bids the name, the location of the place of business, and the amount of work to be performed, for each subcontractor or subsupplier which will provide nonprofessional services in an amount in excess of one-half of 1 percent of the total bid. (4) Specifications shall identify the required format for bids. (5) Specifications shall identify the due date for the bids, and the place where they are to be submitted. 27 (6) Specifications shall identify the factors to be used in evaluating bids and their relative importance. (7) Specifications shall be set forth on the Authority's standard forms. (8) The Governing Body of the Authority shall approve all specifications for the nonprofessional services to be procured, the cost of which is estimated to be $75,001.00 or more in the aggregate. The Executive Director or his/her designee shall approve all specifications for the nonprofessional services to be procured, the cost of which is estimated to be between $25,001.00 and $75,000.99 in the aggregate. (9) (10) The Executive Director or his/her designee shall review and approve the commercial aspects of all specifications. (11) The General Counsel of the Authority or his/her designee shall review and approve the legal and insurance aspects of all specifications. c. Formal Bids. (1) Application. Nonprofessional services, where the cost is estimated to be $75,001.00 or more in the aggregate, or where a firm fixed price contract will have an indefinite quantity, shall be procured by formal competitive bid. (2) Notice. A notice describing the nonprofessional services to be procured, where to obtain more information, and the time and place for submitting bids, shall be: (a) Published in a newspaper of general circulation, not less than 15 days before the due date for the bids; 28 (b) Mailed to trade journals, if applicable, not less than 15 days before the due date for the bids; (c) Mailed to 'contractors/suppliers whose names are on the qualified bidders list, not less than 15 days before the due date for the bids; and (d) Sent to others as necessary or desired. (3) Sealed Bids. All bids shall be under sealed cover, unless the Executive Director or his/her designee shall provide otherwise in the specifications. (4) Receipt of Bids. (5) Whether or not bids are opened exactly on the due date for the bids, a bid shall not be received after that time. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the due date for the bids, but shall only be by written request for the withdrawal directed to the Executive Director. The request for the withdrawal of a bid shall only be filed by the bidder or his/her authorized designee. The request for the withdrawal must be received by the Executive Director prior to the due date for the bids. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid prior to the due date for the bids. d. Informal Bids. (1) Application. Nonprofessional services, where the cost is estimated to be between $25,001.00 and $75,000.99 in the aggregate, shall be procured by informal competitive bid. 29 4 4 (2) Notice. A notice describing the nonprofessional services to be procured, where to obtain more information, and the time and place for submitting bids, shall be: (a) Published in a newspaper of general circulation, not less than 10 days before the due date for the bids. (b) Mailed to contractors or suppliers whose names are on the qualified bidders list, not less than 10 days before the due date for the bids. (c) Sent to others as necessary or desired. (3) Sealed Bids. All bids shall be under sealed cover, unless the Executive Director or his/her designee shall provide otherwise in the specifications. (4) Receipt of Bids. (5) Whether or not bids are opened exactly on the due date for the bids, a bid shall not be received after that time. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the due date for the bids, but shall only be by written request for the withdrawal directed to the Executive Director. The request for the withdrawal of a bid shall only be filed by the bidder or his/her authorized designee. The request for the withdrawal must be received by the Executive Director prior to the due date for the bids. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid prior to the due date for the bids. 30 2. Selection Procedure. a. Formal Bids. (1) Opening of Bids. On the due date for the bids, the Executive Director or his/her designee shall open the bids. (2) Award to Lowest Responsible Bidder. The contract shall be awarded to the lowest responsible bidder. (3) Award to Next Lowest Responsible Bidder. On the refusal or failure of the successful bidder to execute the contract, the contract may be awarded to the next lowest responsible bidder. (4) Identical Bids.. (5) If two bids are the same and the lowest, the Governing Body of the Authority may accept the one it chooses. Absence of Bids. If no bids are received, the Executive Director may: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (6) Rejection of All Bids. The Governing Body of the Authority shall have the right to reject all bids presented for any reason. The Governing Body need not state the reason for rejection. After rejection of all bids, and recalculation of the contract cost/price analysis, the Governing Body may direct the Executive Director to: 31 • • (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (7) Relief of Bidders. A bidder shall not be relieved of a bid unless by consent of the Governing Body of the Authority. No change shall be made in a bid because of mistake unless by consent of the Governing Body of the Authority. A bidder shall make a written request for .relief from a bid or change in a bid no later than 5 days after the opening of the bids. b. Informal Bids. (1) Opening of Bids. On the due date for the bids, the Executive Director or his/her designee shall open the bids. (2) Award to Lowest Responsible Bidder. The contract shall be awarded to the lowest responsible bidder. (3) Award to Next Lowest Responsible Bidder. On the refusal or failure of the successful bidder to execute the contract, the contract may be awarded to the next lowest responsible bidder. (4) Identical Bids. (5) If two bids are the same and the lowest, the Executive Director may accept the one he/she chooses. Absence of Bids. If no bids are received, the Executive Director may: 32 (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (6) Rejection of All Bids. The Executive Director shall have the right to reject all bids presented for any reason. The Executive Director need not state the reason for rejection. After rejection of all bids, and recalculation of the contract cost/price analysis, the Executive Director may: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (7) Relief of Bidders. A bidder shall not be relieved of a bid unless by consent of the Governing Body of the Authority. No change shall be made in a bid because of mistake unless by consent of the Governing Body of the Authority. A bidder shall make a written request for relief from a bid or change in a bid no later than 5 days after the opening of the bids. D. Routine Procurement. Nonprofessional services, where the cost is estimated to be $25,000.99 or less in the aggregate, shall be procured by routine procurement procedures in Section VII, below. 33 a a E. Emergency Procurement. Nonprofessional services, where the Executive Director has determined that a public emergency exists and standard procurement is infeasible due to immediate threat of injury to persons or property, may be procured by emergency procurement procedures in Section VIII, below. F. Noncompetitive Procurement. Nonprofessional services, where the cost is estimated to be $25,001.00 or more in the aggregate, and competitive procurement is infeasible due to certain limited conditions, may be procured by noncompetitive procurement procedures in Section IX, below. 34 GE PROFESSIONAL SERVICES 35 V. PROCUREMENT OF GENERAL PROFESSIONAL SERVICES. A. General. 1. "General professional services" are defined as services involving specialized knowledge or personal skill which are performed by attorneys, accountants, specialized consultants, etc. Architectural and engineering professional services are not included (See Section VI, below). Services which are incidental to procurement of materials, supplies, equipment or other personal property; or public works and improvements are also not included. 2. General professional services shall be procured by competitive proposal procurement, routine procurement, noncompetitive procurement or emergency procurement. 3. "Competitive proposal procurement" is defined as procurement of general professional services whereby proposers are selected on the basis of who is most advantageous to the Authority, taking all relevant selection factors into consideration. B. Methods of Procurement. 1. Competitive Proposal Procurement. Procurements of general professional services where the cost is estimated to be $75,001.00 or more - Formal Proposal. Procurements of general professional services where the cost is estimated to be between $25,001.00 and $75,000.99 - Informal Proposal. 2. Routine Procurement. Procurements of general professional services where the cost is estimated to be $25,000.99 or less - Routine Procurement. 3. Emergency Procurement. Procurements where the Executive Director has determined that a public emergency exists and standard procurement is infeasible due to immediate threat of injury to persons or property - Emergency Procurement. 36 4. Noncompetitive Procurement. Procurements where the cost is estimated to be $25,001.00 or more and competitive procurement is infeasible due to certain limited conditions - Noncompetitive Procurement. C. Competitive Proposal Procurement.- 1. Solicitation Procedure. a. List of Qualified Sources. (1) The Executive Director or his/her designee shall, at the beginning of each fiscal year, prepare a list of qualified sources. (2) The Executive Director or his/her designee shall send an annual notice to appropriate newspapers, trade journals and trade organizations inviting contractors and suppliers to submit their names to be included in the list of qualified sources. The Authority will not preclude potential sources from qualifying for the list during a solicitation period. b. Development of Requests for Proposals. (1) The Executive Director or his/her designee shall prepare requests for proposals ("RFPs") for general professional services, the cost of which is estimated to be $25,001.00 or more in the aggregate. (2) RFPs shall describe the general professional services to be procured, and shall identify other requirements that the proposer must fulfill. (3) RFPs shall require that proposers disclose in proposals the name, the location of the place of business, and the amount of work to be performed, for each subcontractor or subsupplier which will provide general professional services in an amount in excess of one-half of 1 percent of the total procurement. 37 a (4) RFPs shall identify the required format for proposals. (5) RFPs shall identify the selection factors to be used in evaluating proposals and their relative importance. Selection factors may include, but are not limited to, cost/price, proposer integrity, compliance with public policy, record of past performance, education, specific expertise in needed areas, accessibility, references, and financial and technical resources. Contract cost/price shall be a selection factor of substantial importance. (6) RFPs shall identify the methods which will be used in evaluating proposals. (7) RFPs shall identify the standards which will be used in evaluating proposals. (8) RFPs shall identify the due date for the proposals, and the place where they are to be submitted. (9) The Governing Body of the Authority shall approve all RFPs, the cost of which is estimated to be $75,001.00 or more in the aggregate. (10) The Executive Director or his/her designee shall approve all RFPs, the cost of which is estimated to be between $25,001.00 and $75,000.99 in the aggregate. (11) The Executive Director or his/her designee shall review and approve the commercial aspects of all RFPs. (12) The General Counsel of the Authority or his/her designee shall review and approve the legal and insurance aspects of all RFPs. 38 c. Formal Proposals. (1) Application. General professional services, where the cost is estimated to be $75,001.00 or more in the aggregate, or where a firm fixed price contract will have an indefinite quantity, shall be procured by formal proposals. (2) Notice. (3) A notice describing the general professional services to be procured, where to obtain more information, and the time and place for submitting proposals, shall be: (a) Published in a newspaper of general circulation, not less than 15 days before the due date for the proposals; (b) Mailed to trade journals, if applicable, not less than 15 days before the due date for the proposals; (c) Mailed to contractors and suppliers whose names are on the qualified sources list, not less than 15 days before the due date for the proposals; and (d) Sent to others as necessary or desired. Receipt of Proposals. A proposal shall not be received after the due date for the proposals. 4 (4) Withdrawal of Proposals. Any proposal may be withdrawn at any time prior to the due date for the proposals, but shall only be by written request for the withdrawal directed to the Executive Director. The request for the withdrawal for a proposal shall only be filed by the proposer or his/her authorized designee. The request for the withdrawal must be received by the Executive Director prior to the due date for the proposals. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal prior to the due date for the proposals. d. Informal Proposals. (1) Application. General professional services, where the cost is estimated to be between $25,001.00 and $75,000.99 in the aggregate, shall be procured by informal proposals. (2) Notice. A notice describing the general professional services to be procured, where to obtain more information, and the time and place for submitting proposals, shall be: (a) Published in a newspaper of general circulation, not less than 10 days before the due date for the proposals; (b) Mailed to contractors and suppliers whose names are on the qualified sources list, not less than 10 days before the due date for the proposals; and (c) Sent to others as necessary or desired. 40 (3) Receipt of Proposals. A proposal shall not be received after the due date for the proposals. (4) Withdrawal of Proposals. Any proposal may be withdrawn at any time prior to the due date for the proposals, but shall only be by written request for the withdrawal directed to the Executive Director. The request for the withdrawal of a proposal shall only be filed by the proposer or his/her authorized designee. The request for the withdrawal must be received by the Executive Director prior to the due date for the proposals. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal prior to the due date for the proposals. 2. Selection Procedure. a. Formal Proposals. (1) Review and Evaluation of Proposals. (a) The Executive Director or his/her designee shall, after the due date for the proposals, make an initial review of each proposal submitted to determine which proposals meet the format requirements specified in the RFP. (b) The Executive Director or his/her designee shall appoint a Review Board of at least three qualified individuals familiar with the project for which general professional services are to be procured. The Review Board should include such Authority staff and other qualified individuals who have knowledge and capabilities of value in interviewing the proposers. (c) The Executive Director or his/her designee shall provide the Review Board with the proposals which, based upon the initial review, meet the format requirements specified in the RFP. (d) The Review Board shall evaluate those proposals which have been forwarded by the Executive Director or his/her designee. The evaluation shall include individual interviews with each proposer. (e) The Review Board shall base its evaluation on the selection factors, and their relative importance, which were identified in the RFP. Selection factors may include, but are not limited to, cost/price, proposer integrity, compliance with public policy, record of past performance, education, specific expertise in needed areas, accessibility, references, and financial and technical resources. Contract cost/price shall be a selection factor of substantial importance. After completion of evaluations, the Review Board shall rank each proposer in order of preference. (f) (2) Award to Most Advantageous Proposer. The contract shall be awarded to the responsible proposer who is most advantageous to the Authority, taking all relevant selection factors into consideration. Preference should be given to the proposer ranked highest by the Review Board. (3) Award to Next Most Advantageous Proposer. On the refusal or failure of the first successful proposer to execute the contract, the contract shall be awarded to the next most advantageous proposer. Preference should be given to the proposer ranked next highest by the Review Board. (4) Absence of Proposals. If no proposals are received, the Executive Director may: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. Rejection of All Proposals. The Governing Body of the Authority shall have the right to reject all proposals presented for any reason. The Governing Body need not state the reason for rejection. After rejection of all proposals, and recalculation of the contract cost/price analysis, the Governing Body may direct the Executive Director to: (5) (a) Abandon the procurement action; (b) Re-solicit according to competitive .procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (e) The Executive Director or his/her designee (or the Review Board) shall base its evaluation on the selection factors, and their relative importance, which were identified in the RFP. Selection factors may include, but are not limited to, cost/price, proposer integrity, compliance with public policy, record of past performance, education, specific expertise in needed areas, accessibility, references, and financial and technical resources. Contract cost/price shall be a selection factor of substantial importance. (f) After completion of evaluations, the Executive Director or his/her designee (or the Review Board) shall rank each proposer in order of preference. (2) Award to Most Advantageous Proposer. (3) The contract shall be awarded to the responsible proposer who is most advantageous to the Authority, taking all relevant selection factors into consideration. Preference should be given to the proposer ranked highest by the Executive Director or his/her designee (or the Review Board). Award to Next Most Advantageous Proposer. On the refusal or failure of the first successful proposer to execute the contract, the contract shall be awarded to the next most advantageous proposer. Preference should be given to the proposer ranked next highest by the Executive Director or his/her designee (or the Review Board). (4) Absence of Proposals. If no proposals are received, the Executive Director may: (a) Abandon the procurement action; 45 b. Informal Proposals. (1) Review and Evaluation of Proposals. (a) The Executive Director or his/her designee shall, after the due date for the proposals, make an initial review of each proposal submitted to determine which proposals meet the format requirements specified in the RFP. (b) The Executive Director or his/her designee may, but is not required to, appoint a Review Board of at least three qualified individuals familiar with the project for which general professional services are to be procured. The Review Board should include such Authority staff and other qualified individuals who have knowledge and capabilities of value in interviewing the proposers. (c) The Executive Director or his/her designee shall either: i) Evaluate the proposals without the assistance of a Review Board; or ii) Provide the Review Board with the proposals which, based upon the initial review, meet the format requirements specified in the RFP. (d) The Executive Director or his/her designee (or the Review Board) shall evaluate those proposals which meet the format requirements specified in the RFP. The evaluation may, but is not required to, include individual interviews with each proposer. 4 (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (5) Rejection of All Proposals. The Executive Director shall have the right to reject all proposals presented for any reason. The Executive Director need not state the reason for rejection. After rejection of all proposals, and recalculation of the contract cost/price analysis, the Executive Director may: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. D. Routine Procurement. General professional services, where the cost is estimated to be $25,000.99 or less in the aggregate, shall be procured by routine procurement procedures in Section VII, below. E. Emergency Procurement. General professional services, where the Executive Director has determined that a public emergency exists and standard procurement is infeasible due to immediate threat of injury to persons or property, may be procured by emergency procurement procedures in Section VIII, below. F. Noncompetitive Procurement. General professional services, where the cost is estimated to be $25,001.00 or more in the aggregate, and competitive procurement is infeasible, may be procured by noncompetitive procurement procedures in Section IX, below. 46 EC ' , ENG 1 1 G PROFESSIONAL SERVICES VI. PROCUREMENT OF ARCHITECTURAL AND ENGINEERING PROFESSIONAL SERVICES. A. General. 1. "Architectural and engineering professional services" are defined as services involving specialized knowledge or personal skill which are performed by architects, landscape architects, professional engineers, environmental consultants and land surveyors. General professional services are not included (See Section V, above). Services which are incidental to procurement of materials, supplies, equipment or other personal property; or public works and improvements are also not included. 2. Architectural and engineering professional services shall be procured by competitive statement of qualifications procurement, routine procurement, noncompetitive procurement or emergency procurement. 3. "Competitive statement of qualifications procurement" is defined as procurement of architectural and engineering professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. B. Methods of Procurement. 1. Competitive Stmt. of Qualifications Procurement. Procurements of architectural and engineering professional services where the cost is estimated to be $75,001.00 or more - Formal Statement of Qualifications. Procurements of architectural and engineering professional services where the cost is estimated to be between $25,001.00 and $75,000.99 - Informal Statement of Qualifications. 2. Routine Procurement. Procurements of architectural and engineering professional services where the cost is estimated to be $25,000.99 or less - Routine Procurement. 48 3. Emergency Procurement. Procurements where the Executive Director has determined that a public emergency exists and standard procurement is infeasible due to immediate threat of injury to persons or property - Emergency Procurement. 4. Noncompetitive Procurement. Procurements where the cost is estimated to be $25,001.00 or more and competitive procurement is infeasible due to certain limited conditions - Noncompetitive Procurement. C. Competitive Statement of Qualifications Procurement. 1. Solicitation Procedure. a. List of Qualified Sources. (1) The Executive Director or his/her designee shall, at the beginning of each fiscal year, prepare a list of qualified sources. (2) The Executive Director or his/her designee shall send an annual notice to appropriate newspapers, trade journals and trade organizations inviting , contractors and suppliers to submit their names to be included in the list of qualified sources. The Authority will not preclude potential sources from qualifying for the list during a solicitation period. b. Development of Requests for Qualifications. (1) The Executive Director or his/her designee shall prepare requests for qualifications ("RFQs") for architectural and engineering professional services, the cost of which is estimated to be $25,001.00 or more in the aggregate. (2) RFQs shall describe the architectural and engineering professional services to be procured, and shall identify other requirements that the competitor must fulfill. 49 a (3) RFQs shall require that competitors disclose in statements of qualifications the name, the location of the place of business, and the amount of work to be performed, for each subcontractor or subsupplier which will provide architectural and engineering professional services in an amount in excess of one-half of 1 percent of the total procurement. (4) RFQs shall identify the required format for statements of qualifications. (5) RFQs shall identify.the selection factors to be used in evaluating statements of qualifications and their relative importance. Selection factors may include, but are not limited to, competitor integrity, compliance with public policy, record of past performance, education, specific expertise in needed areas, accessibility, references, and financial and technical resources. Contract cost/price shall not be a selection factor. (6) RFQs shall identify the methods which will be used in evaluating statements of qualifications. RFQs shall identify the standards which will be used in evaluating statements of qualifications. RFQs shall identify the due date for the statements of qualifications, and the place where they are to be submitted. The Governing Body of the Authority shall approve all RFQs, the cost of which is estimated to be $75,001.00 or more in the aggregate. (10) The Executive Director or his/her designee shall approve all RFQs, the cost of which is estimated to be between $25,001.00 and $75,000.99 in the aggregate. 50 (11) The Executive Director or his/her designee shall review and approve the commercial aspects of all RFQs. (12) The General Counsel of the Authority or his/her designee shall review and approve the legal and insurance aspects of all RFQs. c. Formal Statements of Qualifications. (1) Application. Architectural and engineering professional services, where the cost is estimated to be $75,001.00 or more in the aggregate, or where a firm fixed price contract will have an indefinite quantity, shall be procured by formal statements of qualifications. (2) Notice. A notice describing the architectural and engineering professional services to be procured, the estimated fees, where to obtain more information, and the time and place for submitting statements of qualifications, shall be: (a) Published in a newspaper of general circulation, not less than 15 days before the due date for the statements of qualifications; (b) Mailed to trade journals, if applicable, not less than 15 days before the due date for the statements of qualifications; (c) Mailed to contractors and suppliers whose names are on the qualified sources list, not less than 15 days before the due date for the statements of qualifications; and (d) Sent to others as necessary or desired. (3) Receipt of Statements of Qualifications. A statement of qualifications shall not be received after the due date for the statements of qualifications. (4) Withdrawal of Statements of Qualifications. Any statement of qualifications may be withdrawn at any time prior to the due date for the statements of qualifications, but shall only be by written request for the withdrawal directed to the Executive Director. The request for the withdrawal of a statement of qualifications shall only be filed by the competitor or his/her authorized designee. The request for the withdrawal must be received by the Executive Director prior to the due date for the statements of qualifications. The withdrawal of a statement of qualifications does not prejudice the right of the competitor to file a new statement of qualifications prior to the due date for the statements of qualifications. d. Informal Statements of Qualifications (1) Application. Architectural and engineering professional services, where the cost is estimated to be between $25,001.00 and $75,000.99 in the aggregate, shall be procured by informal statements of qualifications. (2) Notice. A notice describing the architectural and engineering professional services to be procured, where to obtain more information, and the time and place for submitting statements of qualifications, shall be: 52 (a) Published in a newspaper of general circulation, not less than 10 days before the due date for the statements of qualifications; (b) Mailed to contractors and suppliers whose names are on the qualified sources list, not less than 10 days before the due date for the statements of qualifications; and (c) Sent to others as necessary or desired. (3) Receipt of Statements of Qualifications. A statement of qualifications shall not be received after the due date for the statements of qualifications. (4) Withdrawal of Qualifications. Statements of Any statement of qualifications may be withdrawn at any time prior to the due date for the statements of qualifications, but shall only be by written request for the withdrawal directed to the Executive Director. The request for the withdrawal of a statement of qualifications shall only be filed by the competitor or his/her authorized designee. The request for the withdrawal must be received by the Executive Director prior to the due date for the statements of qualifications. The withdrawal of a statement of qualifications does not prejudice the right of the competitor to file a new statement of qualifications prior to the due date for the statements of qualifications. 53 • • 2. Selection Procedure. a. Formal Statements of Qualifications. (1) Review and Evaluation of Statements of Qualifications. (a) The Executive Director or his/her designee shall, after the due date for the statements of qualifications, make an initial review of each statement of qualifications submitted to determine which statements of qualifications meet the format requirements specified in the RFQ. (b) The Executive Director or his/her designee shall appoint a Review Board of at least three qualified individuals familiar with the project for which architectural and engineering professional services are to be procured. The Review Board should include such Authority staff and other qualified individuals who have knowledge and capabilities of value in interviewing the competitors. (c) The Executive Director or his/her designee shall provide the Review Board with the statements of qualifications which, based upon the initial review, meet the format requirements specified in the RFQ. (d) The Review Board shall evaluate those statements of qualifications which have been forwarded by the Executive Director or his/her designee. The evaluation shall include individual interviews with each competitor. 54 (e) The Review Board shall base its evaluation on the selection factors, and their relative importance, which were identified in the RFQ. Selection factors may include, but are not limited to, competitor integrity, compliance with public policy, record of past performance, education, specific expertise in needed areas, accessibility, references, and financial and technical resources. Contract cost/price shall not be a selection factor. (f) After completion of evaluations, the Review Board shall rank each competitor in order of preference. The highest ranked competitor shall be the most qualified competitor. (2) Negotiation with Most Qualified Competitor. The Executive Director and the most qualified competitor shall meet and negotiate final determination of the services to be furnished, the type of fee arrangement, and the actual amount of fee. The Executive Director shall, upon the completion of negotiation, recommend the most qualified competitor to the Governing Body of the Authority. Negotiation with Next Most Qualified Competitor. In the event that an agreement cannot be reached with the most qualified competitor, negotiations shall be terminated and the next most qualified competitor called to negotiate. (4) Award to Most Qualified Competitor. The contract shall be awarded to the responsible competitor which is most qualified and which has negotiated a fair and reasonable compensation. (3) 55 (5) Award to Next Most Qualified Competitor. On the refusal or failure of the successful competitor to execute the contract, the contract shall be awarded to the responsible competitor which is next most qualified and which has negotiated a fair and reasonable compensation. (6) Absence of Statements of Qualifications. (7) If no statements of qualifications are received, the Executive Director may: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. Rejection of Qualifications. All Statements of The Governing Body of the Authority shall have the right to reject all statements of qualifications presented for any reason. The Governing Body need not state the reason for rejection. After rejection of all statements of qualifications, and recalculation of the contract cost/price analysis, the Governing Body may direct the Executive Director to: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. b. Informal Statements of Qualifications. (1) Review and Evaluation of Statements of Qualifications. (a) The Executive Director or his/her designee shall, after the due date for t h e statements of qualifications, make an initial review of each statement of qualifications submitted to determine which statements of qualifications meet the format requirements specified in the RFQ. (b) The Executive Director or his/her designee may, but is not required to, appoint a Review Board of at least three qualified individuals familiar with the project for which architectural and engineering professional services are to be procured. The Review Board should include such Authority staff and other qualified individuals who have knowledge and capabilities of value in interviewing the competitors. (c) The Executive Director or his/her designee shall either: i) Evaluate the statements of qualifications without the assistance of a Review Board; or ii) Provide the Review Board with t h e statements of qualifications which, based upon the initial review, meet the format requirements specified in the RFQ. (d) The Executive Director or his/her designee (or the Review Board) shall evaluate those statements of qualifications which meet the format requirements specified in the RFQ. The evaluation may, but, is not required to, include individual interviews with each competitor. 57 (e) The Executive Director or his/her designee (or the Review Board) shall base his/her/its evaluation on the selection factors, and their relative importance, which were identified in the RFQ. Selection factors may include, but are not limited to, competitor integrity, compliance with public policy, record of past performance, education, specific expertise in needed areas, accessibility, references, and financial and technical resources. Contract cost/price shall not be a selection factor. (f) After completion of evaluations, the Executive Director or his/her designee (or the Review Board) shall rank each competitor in order of preference. The highest ranked competitor shall be the most qualified competitor. (2) Negotiation with Most Qualified Competitor. The Executive Director and the most qualified competitor shall meet and negotiate final determination of the services to be furnished, the type of fee arrangement, and the actual amount of fee. The Executive Director shall, upon the completion of negotiation, award the contract to the most qualified competitor. (3) Negotiation with Next Most Qualified Competitor. In the event that an agreement cannot be reached with the most qualified competitor, negotiations shall be terminated and the next most qualified competitor called to negotiate. 58 (4) Award to Most Qualified Competitor. The contract shall be awarded to the responsible competitor which is most qualified and which has negotiated a fair and reasonable compensation. (5) Award to Next Most Qualified Competitor. On the refusal or failure of the successful competitor to execute the contract, the contract shall be awarded to the responsible competitor which is next most qualified and which has negotiated a fair and reasonable compensation. (6) Absence of Statements of Qualifications. If no statements of qualifications are received, the Executive Director may: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. (7) Rejection of All Statements of Qualifications. The Executive Director shall have the right to reject all statements of qualifications presented for any reason. The Executive Director need not state the reason for rejection. After rejection of all statements of qualifications, and recalculation of the contract cost/price analysis, the Executive Director may: (a) Abandon the procurement action; (b) Re-solicit according to competitive procurement procedures; or (c) Re-solicit according to noncompetitive procurement procedures. 59 D. Routine Procurement. Architectural and engineering professional services, where the cost is estimated to be $25,000.99 or less in the aggregate, shall be procured by routine procurement procedures in Section VII, below. E. Emergency Procurement. Architectural and engineering professional services, where the Executive Director has determined that a public emergency exists and standard procurement is infeasible due to immediate threat of injury to persons or property, may be procured by emergency procurement procedures in Section VIII, below. F. Noncompetitive Procurement. Architectural and engineering professional services, where the cost is estimated to be $25,001.00 or more in the aggregate, and competitive procurement is infeasible, may be procured by noncompetitive procurement procedures in Section IX, below. 60 ROUT 1 PROC 61 VII. ROUTINE PROCUREMENT. A. Application. The Executive Director or his/her designee shall procure (a) materials, supplies, equipment or other personal property; (b) public works and improvements; (c) nonprofessional services; (d) general professional services; or (e) architectural and engineering professional services by routine procurement procedures where the cost is estimated to be $25,000.99 or less in the aggregate. B. Solicitation Procedure. 1. The Executive Director or his/her designee shall solicit quotations from at least three contractors/suppliers. 2. Solicitations may be verbal or written. 3. All solicitations and responses to solicitations, whether verbal or written, shall be documented in writing (including date, contractor/supplier name, and amount of offer). 4. Routine procurement may be by purchase order or negotiated contract. C. Selection Procedure. When utilizing routine procurement procedures, the Executive Director or his/her designee shall select contractors/suppliers which best meet the needs of the Authority under the circumstances. 62 E L RGENCY PROC 63 VIII.EMERGENCY PROCUREMENT. A. Application. The Executive Director or his/her designee may procure (a) materials, supplies, equipment or other personal property; (b) public works and improvements; (c) nonprofessional services; (d) general professional services; or (e) architectural and engineering professional services by emergency procurement procedures where the Executive Director has determined that a public emergency exists and standard procurement procedures are infeasible due to immediate threat of injury to persons or property. B. Solicitation Procedure. 1. The Executive Director shall determine that a public emergency exists and make a written statement thereof briefly describing the circumstances causing such emergency and the anticipated duration of the emergency. 2. A public emergency shall include: fire, flood, earthquake, tornado, landslide, explosion, riot, war, and other such acts or omissions which may tend to cause an immediate threat of injury to persons or property. 3. The Executive Director or his/her designee may solicit any available contractors/suppliers. 4. Solicitations may be verbal or written. 5. All solicitations and responses to solicitations, whether verbal or written, shall be documented in writing (including date, contractor/supplier name, and amount of offer). 6. The Executive Director shall, at the first regular meeting of the Authority following his/her statement of public emergency, provide a written report detailing the nature of the emergency, the infeasibility of standard procurement procedures under the circumstances, the items procured, the cost of those items, and the means by which those items, were procured. 64 7. The Executive Director may not utilize emergency procurement procedures longer than thirty (30) days after his/her statement of public emergency without formal authorization from the Governing Body of the Authority. 8. Emergency procurement may be by purchase order or negotiated contract. C. Selection Procedure. When utilizing emergency procurement procedures, the Executive Director or his/her designee shall select contractors/suppliers which best meet the needs of the Authority under the circumstances. 65 NONCO i. "'ETIT PROC 66 IX. NONCOMPETITIVE PROC$ ENT. A. Application. The Executive Director or his/her designee may procure (a) materials, supplies, equipment or other personal property; (b) public works and improvements; (c) nonprofessional services; (d) general professional services; or (e) architectural and engineering professional services by noncompetitive procurement procedures where the cost is estimated to be $25,001.00 or more in the aggregate and where one or more of the following circumstances applies: 1. The materials, supplies, equipment or other personal property; public works and improvements; nonprofessional services; general professional services; or architectural and engineering professional services to be procured are only available from a sole source; 2. After competitive solicitation procedures have been followed, the Executive Director or his/her designee determines that competition is inadequate or absent; 3. Either before or after competitive solicitation procedures have been followed, the Executive Director or his/her designee determines that the public works and improvements; nonprofessional services; general professional services; or architectural and engineering professional services can be performed more economically by the Authority, or its officers, employees and agents, without outside contract. 4. After competitive solicitation procedures have been followed, the Executive Director or his/her designee determines that the materials, supplies, equipment or other personal property may be procured for a lower price in the open market. 5. The Department of Defense, Office of Economic Adjustment ("OEA") authorizes noncompetitive procurement. 67 B. Solicitation Procedure. 1. Prior to soliciting any contractors/suppliers, the Executive Director or his/her designee shall: a. Provide the Governing Body of the Authority with a written report detailing the facts which satisfy Paragraph A, above, and justify the need to utilize noncompetitive procurement procedures; and b. Obtain formal authorization from the Governing Body of the Authority to utilize noncompetitive procurement procedures. 2. The Executive Director or his/her designee may, once authorized by the Governing Body of the Authority, solicit any available contractors/suppliers. In the case of sole source procurements, however, the Executive Director or his/her designee may only solicit that source. 3. Solicitations may be verbal or written. 4. All solicitations and responses to solicitations, whether verbal or written, shall be documented in writing (including date, contractor/supplier name, and amount of offer). 5. Noncompetitive procurement may be by purchase order or negotiated contract. C. Selection Procedure. When utilizing noncompetitive procurement procedures, the Executive Director or his/her designee shall select contractors/suppliers which best meet the needs of the Authority under the circumstances. 68 SELECTION FACTORS 69 • 4 X. UNIFORM SELECTION FACTORS. A. In addition to the specific provisions in Sections II through IX above, the Executive Director or his/her designee shall generally select responsible contractors/suppliers possessing the ability to perform successfully under the terms and conditions of the proposed procurement. B. Local and state geographical preferences shall be avoided except where applicable federal statutes expressly mandate or encourage geographical preferences in the evaluation of bids, proposals or statements of qualifications. C. All prospective contractors/suppliers may be required to submit references. D. Where applicable, contractors/suppliers and subcontractors/subsuppliers shall be licensed to practice within the field for which they are to be retained. 70 CO CT Q 1' I NTS 71 XI. UNIFORM CONTRACT REQUIREMENTS. A. Contract Cost and Price. 1. The Executive Director or his/her designee shall, before the receipt of bids, proposals, statements of qualifications, or other solicitation responses, perform a cost or price analysis for each procurement action, including contract modifications, but excluding emergency procurement actions, in order to determine the reasonableness of the proposed contract price. Cost analysis shall be performed when (a) the contractor/supplier is required to submit the elements of its estimated cost (i.e., architectural and engineering professional services), (b) adequate price competition is lacking, or (c) procurement is from a sole source, unless an estimated reasonable price can be established on the basis of a catalog or market price of a commercial product or service sold in substantial quantities to the general public or based on prices set by law or regulation. Price analysis shall be performed in all other instances to determine the reasonableness of the proposed contract price. 2. Profit shall be negotiated as a separate element of the price for each contract in which a cost analysis is performed or there is no price competition. 3. To establish a fair and reasonable profit, consideration may be given to the complexity of the work to be performed, the risk borne by the contractor/supplier, the contractor/supplier's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. 4. Estimated cost methods of contracting will be allowable only to the extent that costs incurred or cost estimates included in negotiated prices are consistent with federal cost principles (see 32 C.F.R. §33.22 for allowable costs). 5. The cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used. 72 6. Time and material type contracts will only be used after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. B. Contract Provisions. 1. All contracts must be approved as to form by the General Counsel of the Authority or his/her ,designee. 2. The General Counsel of the'Authority shall prepare suggested standard contract forms to be used whenever applicable to ensure that the Authority's interests are protected. These contracts, as well as any others that may be required for purposes of procurement, shall require: a. Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. b. Termination for cause and for convenience by the Authority, including the manner by which termination will be effected and the basis for settlement. c. Mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). d. Requirements and regulations pertaining to patent rights with respect to any discovery or invention that arises or is developed in the course of or under such contract. e. Requirements and regulations pertaining to copyrights and rights in data. f. Access by the Authority, the federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor that are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 73 g. Retention of all required records for three years after the Authority makes final payments and all other pending matters are closed. h. Compliance with the following: (1) Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented by Department of Labor regulations (41 CFR Part 60). (2) The Copeland "Anti - Kickback" Act (18 U.S.C. sec. 874) as supplemented by Department of Labor regulations (29 CFR Part 3). (3) The Davis -Bacon Act (40 U.S.C. secs. 276a to a -7) as supplemented by Department of Labor regulations (29 CFR Part 5). (4) Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. secs. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5). (5) All applicable standards, orders or requirements issued under Section 306 of the Clear Air Act (42 U.S.0 sec. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. sec. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (6) Title 32, Part 25 of the Code of Federal Regulations regarding government debarment and suspension and government - wide requirements for a drug -free workplace. (7) Title 32, Part 28 of the Code of Federal Regulations regarding restrictions on lobbying. C. Contract Administration. 1. The Executive Director or his/her designee shall administer all contracts, including supervision and acceptance of the work specified in contracts, approval of progress payments, approval of certified payrolls, and authorization for payment of invoices. 2. Under the direction of the Executive Director or his/her designee, the Finance Director of the Authority or his/her designee shall process payments in accordance with the terms of the contract. 3. A copy of all signed contracts shall be forwarded to the Finance Director of the Authority to be retained for financial audit purposes. 75 AW 4 • 76 XII. AW.'D AUTHORITY. A. Procurement awards estimated to be $75,001.00 or more shall be made by the Governing Body of the Authority. B. Procurement awards estimated to be between $25,001.00 and $75,000.99 shall be made by the Executive Director. C. Procurement awards estimated to be $25,000.99 or less shall be made by the Executive Director or his/her designee. D. Procurement awards made pursuant to emergency procurement procedures shall be made by the Executive Director subject to ratification by the Governing Body of the Authority at the first regular meeting of the Authority following the Executive Director's statement of public emergency. E. Procurement awards made pursuant to noncompetitive procurement procedures shall be made by the Executive Director subject to prior authorization from the Governing Body of the Authority. 77 CONFLICT OF I E ' STS 78 XIII.CONFLICT OF INTERESTS. A. No officer, employee or agent of the Authority shall participate in selection or award or administration of a contract if a conflict of interests, real or apparent, would be involved. Such a conflict would arise when one of the following has a material financial or other interest in the contractor/supplier selected for award: 1. An officer, employee or agent; or 2. An officer, employee or agent's relative (including father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister); 3. An officer, employee or agent's business partner; or 4. An organization that employs, or has an arrangement concerning prospective employment of, any of the above. B. The Authority's officers, employees and agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors/suppliers, potential contractors/suppliers or parties to subcontracts. 79 IN'S 1L OR S '''LUSF 80 XIV. S LL, MINORITY, WOMEN'S AND LABOR SURPLUS F A. The Authority will take all necessary affirmative steps to assure that small business enterprises, minority business enterprises, women's business enterprises and labor surplus firms are used when possible. B. Affirmative steps may include: 1. Placing qualified small business enterprises, minority business enterprises, women's business enterprises and labor surplus firms on solicitation lists; 2. Assuring that small business enterprises, minority business enterprises, women's business enterprises and labor surplus firms are solicited whenever they are potential sources; 3. Dividing total procurement requirements, when economically feasible, into smaller tasks or quantities to permit participation by small business enterprises, minority business enterprises, women's business enterprises and labor surplus firms; 4. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 5. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. 81 Alameda Reuse and Redevelopment Authority Inter-office Memorandum July 6, 1994 TO: Honorable Members of the Alameda Reuse and Redevelopment Authority FROM: Don Parker Executive Director Alameda Reuse and Redevelopment Authority SUBJ: City of Alameda Assignment of OEA (Office of Economic Adjustment) Grant to the Alameda Reuse and Redevelopment Authority Background: On March 28, 1994, the Office of Economic Adjustment (OEA) informed the EBCRC that their OEA grant had been amended to include the City of Alameda's Reuse Planning Budget request of $581,374 for the period of November 1, 1993 to October 31, 1994. Discussion/Analysis: In September 1994, the Alameda Reuse and Redevelopment Authority will submit its own budget request to the OEA for funding for the period of November 1, 1994 to October 31, 1995. In the interim, the City of Alameda can by resolution assign authority for the implementation of OEA Grant #CL 9405-93/94-01A to the Alameda Reuse and Redevelopment Authority ("Authority"). Funding for the award of the consultant contract for the preparation of the "Community Reuse Plan" is included in the City of Alameda Reuse Planning Budget. The City resolution assigning authority for grant implementation to the Alameda Reuse and Redevelopment Authority includes authority for award of the consultant contract. Upon adoption of the City resolution and selection of the consultant by the Authority, the City of Alameda would execute the contract with the consultant. Honorable Members of the Alameda Reuse and Redevelopment Authority Fiscal Impact: None. Recommendation: July 6, 1994 Page 2 It is recommended that the Alameda Reuse and Redevelopment Authority accept assignment of the City of Alameda OEA grant, and assume responsibility for grant implementation - including award of consultant contract for the preparation of the "Community Reuse Plan". espectfully submitted, Don Parker Executive Director DP:JM:eb Alameda Reuse and Redevelopment Authority Inter-office Memorandum July 6, 1994 TO: Honorable Members of the Alameda Reuse and Redevelopment Authority FROM: Don Parker, Executive Director Alameda Reuse and Redevelopment Authority Adoption of the City of Alameda Base Conversion Budget by the Alameda Reuse and Redevelopment Authority Until the Authority Submits Its Own Budget to OEA (Fall 1994) Background: On March 28, 1994, the Office of Economic Adjustment (OEA) informed the EBCRC that their OEA grant had been amended to include the City of Alameda's Reuse Planning Budget request of $581,374 for the period of November 1, 1993 to October 31, 1994. According to the Joint Powers Agreement, the Alameda Reuse and Redevelopment Authority must prepare and submit a budget within sixty (60) days after the agreement takes effect. Discussion/Analysis: In September 1994, the Alameda Reuse and Redevelopment Authority will submit its own budget request directly to the OEA for funding for the period of November 1, 1994 to October 31, 1995. Rather than prepare a budget now and again in September, the Alameda Reuse and Redevelopment Authority could adopt the City of Alameda base conversion budget as its budget until the Authority directly submits its own budget request to OEA. (A copy of the OEA approved City of Alameda base conversion planning budget is attached.) Honorable Members of the Alameda Reuse and Redevelopment Authority Fiscal Impact: None. Recommendation: July 6, 1994 Page 2 It is recommended that the Alameda Reuse and Redevelopment Authority, by motion, adopt the City of Alameda OEA approved and funded reuse planning budget as its budget until the Alameda Reuse and Redevelopment Authority submits its own budget request directly to OEA for the period of November 1, 1994 to October 31, 1995. R pectfully subnitted, on Parker Executive Director DP:JM:eb Attachment: City of Alameda OEA Planning Budget 4 , fr A Conversion and Reuse Planning Budget November 1, 1993 to October 31, 1994 CITY OF ALAMEDA BASE CONVERSION TABLE OF CONTENTS EXECUTIVE SUMMARY 1 SCOPE OF WORK 3 SCOPE OF CONSULTANT ACTIVITY AND SCHEDULE 6 BUDGET SUMMARY 13 BUDGET NARRATIVE 15 MONTHLY BUDGET 17 APPENDIX ATTACHMENT A BASE CONVERSION OFFICE DESCRIPTION AND JOB DESCRIPTIONS ATTACHMENT B CITY STAFF DESCRIPTION ATTACHMENT C BRAG DESCRIPTION ATTACHMENT D OUTLINE - DATA GATHERING ATTACHMENT E DATA COLLECTED TO DATE FROM THE NAVY ii EXECUTIVE SUM RY CITY OF A EDA CONVERSION AND PLANNING FOR THE A EDA NAVAL AIR STATION The City of Alameda has completed its initial organization phase to address the task of planning for the conversion and reuse of the Alameda Naval Air Station (NAS). The City began by establishing a Base Conversion Office in August 1993, (Attachment A). The Base Conversion Office, under the guidance of the City Manager, is tasked with assuming the leadership role and the responsibility for coordinating all City functions that have to do with the base closure and reuse. To provide technical support, the City has assigned personnel from key departments to work on base conversion projects, (Attachment B). The City staff meet biweekly with the Base Conversion Office to coordinate base conversion and reuse planning efforts. The City provided for citizen participation in the base conversion process by forming the Base Reuse Advisory Group (BRAG). The primary function of the BRAG is to provide a forum for community input to the base planning process and to also give the community on-going information updates on the status of base conversion - such as with the recent Town Meeting that occurred on February 17, 1994. The BRAG meets bi- monthly, and the Base Conversion Office provides staff support to the BRAG and its subcommittees. Each BRAG member chairs one of the eleven BRAG Subcommittees, (Attachment C). The City of Alameda has been working with members of the East Bay Conversion and Reinvestment Commission (EBCRC) and the County of Alameda toward the creation of a regional Reuse Authority. The Reuse Authority will have jurisdiction over the adoption of the Community Reuse Plan for the Alameda Naval Air Station. The Reuse Authority will involve a Joint Powers Agreement between the City of Alameda and the County of Alameda. The County of Alameda will enter into a Memorandum of Understanding with the EBCRC to designate as Reuse Authority Commissioners the Mayor of Oakland, the Mayor of San Leandro, the Board of Supervisors member representing the Third District, and the United States House of Representatives member representing the Ninth District. The City of Alameda will be represented by the Mayor of Alameda and the four Alameda City Council members. The Executive Director of the Reuse Authority will be the City Manager of Alameda or his designee who will be responsible for the day to day administration of the Reuse Authority. Furthermore, it is anticipated that the Executive Director of the Reuse Authority will hire staff to carry out the administrative functions. It is the intent of the City Manger to appoint the Project Director of the Base Conversion Office as the Executive Director, and the Base Conversion Office staff will serve as the Reuse Authority staff. Assuming that the Reuse Authority is formed as contemplated, the work of the consultant activity discussed herein will be assigned from the City to the Reuse Authority. The Reuse Authority staff will work closely and coordinate with the EBCRC/pilot project staff. In addition to the formation of the BRAG and creation of the Reuse Authority, the City of Alameda working with NAS, the Naval Aviation Depot, WESTDIV and Navy Public Works has nearly completed the data gathering phase, (Attachment D). The data collected has been catalogued, and a reference section of Navy provided information for public use has been established in the public library, (Attachment E). In coordination with the EBCRC, the City is working to engage the homeless community to determine how their needs can be met with existing assets on the base and to develop a draft housing plan that provides for integration of the homeless community. The City's Community Development Department has been exploring the creation of a redevelopment district to facilitate the development of the NAS properties. The City's Bureau of Electricity, Fire Department and Public Works Department is working closely with the Navy to review the status and operation of services and utilities. In addition, the City's Department of Recreation and Park, in coordination with the Alameda Unified School District, has been working with the East Bay Regional Park District to explore the feasibility of a regional conference center and/or regional recreation facility. In work completed to date, the BRAG has been reviewing specific proposals for NAS land and facilities to seek viable reuse opportunities as rapidly as possible to re- employ the existing workforce losing their jobs from the base closure. Among the proposals presented, the BRAG has reviewed and recommended to the Alameda City Council endorsement of the transfer of workload of the Naval Aviation Depot (NADEP) gun testing facility and the reemployment of the NADEP personnel on an interim basis to Concord Naval Weapons until the drawdown is complete and/or a longer term lease can be negotiated. The BRAG also reviewed and endorsed the Alameda Science City proposal contingent that land requirements not involve the entire NAS site and allows for the inclusion of other desirable and compatible reuse and interim reuse proposals, and is contingent upon securing a timely commitment of federal funding for their "Planning Phase". In addition, the BRAG is currently reviewing the County's ACET proposal. The City will retain a Master Consultant to coordinate the overall formulation of the reuse plan. Working with the staff, the consultant will complete an analysis of existing conditions needed to maximize the opportunity for early reuse of the existing facilities. Upon completion of the data analysis of existing conditions, an interim leasing strategy will be developed to maximize lob creation through the early reuse of existing facilities and equipment. Beyond the interim reuse plan, several long term reuse scenarios will be developed. After a process of review, public hearings and refinement, a preferred Long-Term Reuse Plan will be developed. The completed reuse plan will be presented to the Navy and will serve as the basis for NEPA/CEQA analysis. 2 CITY OF ALAMEDA BASE CONVERSION SCOPE OF WORK The first year grant request will focus on: data gathering, formation of the Reuse Authority, retention of a consultant team, analysis of existing conditions, development of an interim leasing program, and completing background work in preparation of the development and analysis of reuse alternatives. PHASE 1 - INFO' .TION GATHERING & FO NOVEMBER 1993 TO APRIL 1994 TION OF REUSE AUTHORITY Coordinate data gathering with the Navy. The City has collected, and will continue to receive, data from the Navy regarding infrastructure, services, facilities and equipment. This work was started by the Base Conversion Office, (Attachment D), when information requests were sent to the Navy. Substantial information concerning the base has been received, (Attachment E). The City will catalogue and format information provided, and establish a base closure reference section in the library for public use. The City will assist with the creation of a regional Reuse Authority. Deliverables: 1) Creation of a regional Reuse Authority 2) Catalogue information provided by the Navy 3) Establish reference library for public use PHASE 11 - RETAIN CONSULTANT TEAM & ANALYSIS OF EXISTING CONDITIONS RCH 1994 TO DECEMBER 1994 Analytical work will be undertaken by City staff and consultants to determine the condition of assets, code compliance, disabled accessibility, seismic condition, environmental status and projected cost of operation so as to maximize the opportunity for early reuse of the existing facilities and equipment to promote job creation. A consultant team will be retained to coordinate the overall workplan for the conversion of Alameda Naval Air Station (NAS) and the Naval Aviation Depot (NADEP). The consultant will utilize existing information provided by the Navy and other sources to avoid duplication and unnecessary costs. The consultant will work with community groups and the City/Reuse Authority to help establish a vision for and set goals for the reuse plan. The Senior Planner in the Base Conversion Office will be responsible for drafting the consultant RFP, compiling the consultant list, distribution of the RFP, coordinating and overseeing consultant selection, and monitoring consultant work. Working with the consultant, the City//Reuse Authority will analyze data to determine the potential to integrate the NAS facilities into the physical, social and economic fabric of the East Bay community. The City/Reuse Authority will begin to study local transportation patterns and capabilities, recreation facilities, local retail services, educational resources, and community social service facilities to determine how existing and planned facilities within the naval base can be intermeshed with community assets to satisfy local and regional needs. 3 SCOPE OF WORK - Continued It is essential at the outset of the reuse planning process to analyze the potential for aviation related uses and/or use as a large scale commercial port facility since these uses have a dramatic and pervasive impact on determining surrounding compatible land uses. There is now some concern about whether there is adequate market support to allow for a feasible economic reuse of the aviation related facilities, and whether aviation uses involving the runways are desirable from the local community's standpoint. In addition, the physical limitation of accessibility to Alameda from major transportation systems (highway and railway) may limit the potential for large scale port uses. Consultant work, under the guidance of the Metropolitan Transportation Commission (MTC) and the EBCRC, is currently underway that will assist in making these key decisions. All but a minor portion of the lands comprising the Naval Air Base are within the jurisdictional border of the City of Alameda, and the City's existing zoning map and general plan encompass the base. In the reuse planning process, the City will be required to update its zoning map and general plan to reflect the City adopted interim and long range land use plans, and to produce the necessary compliance documents mandated under state law (CEQA). This process should closely track with the Navy's effort to complete the EIS documentation for the closure. In addition, the City needs to review the potential for utilizing its redevelopment agency to implement the ultimate reuse plan for the base. The City is already working with the EBCRC to engage the homeless community to see how their needs can be met with existing assets available within the base, and to develop a reuse plan that provides for an integration of the homeless community into the fabric of the Alameda community. It is anticipated that the McKinney screening process will begin late Spring 1994 and will extend until February 1995. To assure a smooth transition from the Navy to the City, the City's Bureau of Electricity, Public Works Department, and Police and Fire Departments are now working with the Navy to review the status and operation of services and utilities. Deliverables: 1) Retention of Master Consultant 2) Determination on Aviation and Port Use 3) Integration of Homeless in Housing Plan 4) Update City Plan for NAS Interim Use 5) Report on Conditions, Constraints, and Trends 6) Draft Community Goals and Objectives for NAS Reuse SCOPE OF WORK - Continued PHASE III - INTERIM LEASING STRATEGY & PRELIMINARY REUSE PLAN JANUARY 1995 TO APRIL 1995 Upon completion of data analysis of existing conditions, staff will work with the community to develop and analyze preliminary reuse alternatives. The City/Reuse Authority will attempt to maximize job creation through the early reuse of existing plant and equipment through the development of an interim leasing strategy. The City/Reuse Authority will interface with the Navy in their drawdown activity and act as the interim leasing agent to assure that there is a smooth transition of the base from its current military functions to future public and private uses. With guidance provided by the consultant, it is assumed that ultimately the City will be integrating the NAS lands into the operation of the Reuse Authority. Throughout the interim leasing process, it will be critical to develop a fiscal model to assure that there are adequate financial resources to provide for normal maintenance, operation and service functions. Ultimately, the City will need to develop a plan to assume responsibility for providing police, fire, emergency medical, recreational, education services and other required services to the future population of the NAS lands. In addition, the City's Bureau of Electricity, Public Works Department and other utility providers (EBMUD and PG&E), will need to develop a plan for assuming utility services and infrastructure maintenance. Deliverables 1) Report on Interim Reuse and Marketing Strategy CITY OF ALAMEDA BASE CONVERSION SCOPE OF CONSULTANT ACTIVITY 1. Introduction The City of Alameda proposes to utilize a consultant team to plan for the conversion of Alameda Naval Air Station (NAS). The plan will address the President's five requirements for base conversion: • Creating jobs • Training and retraining employees • Developing technology • Consideration of small business concerns and public purposes • Planning appropriate land use The consultant study will review existing conditions, analyze constraints and opportunities, and working with community groups integrate the regional perspective into the local framework. It will use all existing information and studies completed by others to avoid duplication and unnecessary costs. It will work proactively with the homeless community to address their needs in the plan. It will identify economic opportunities at NAS, based on an analysis of regional and local social and economic characteristics. There will be two primary products: an Interim Reuse Strategy for the leasing of existing facilities and the Long-Term Reuse Plan, for the ultimate development of NAS. The work will take place over a 16-month period, with an estimated budget of approximately $950,000. 11. Interim Reuse Strategy The Interim Reuse Strategy will identify which existing facilities that can be leased in the near term as they become available to maximize job creation/retention. It will also provide a vehicle for making an early decision regarding possible airfield and/or large scale port operations at NAS. The strategy will take into account major constraints such as endangered species, State Lands requirements, BCDC's Port Priority designation, the status of historic buildings and areas, the physical condition and code compliance of structures, and the impact of hazardous and toxic materials in and around facilities. It will be necessary to determine the condition of utilities and their adaptability and projected costs to serve existing buildings to be leased, although more detailed studies on the utilities will be required by the providers to determine their later acceptance of the systems to implement the Long- Term Reuse Plan. It will also be necessary to review the inventory of available equipment to determine what economic opportunity is created by having this equipment available, and to retain the validity of existing environmental permits, such as air quality credits, during and after the planning process. Included in the strategy will be plans for the near term use and operation of existing recreational facilities for educational and worker retraining programs to be integrated into the base for the use of existing housing-including by any other federal agency such as the Coast Guard, and for homeless providers. Also included will be an administrative plan for the transition of utilities and services, such as Police and Fire, from the Navy to private utility providers and the City. The strategy will include a demolition plan indicating facilities that have no useful economic function, and a financial plan for the operation of NAS during the transition from the Navy. In addition, a marketing plan will be developed to implement the interim leasing strategy. III. Long-Term Reuse Plan Working with community groups, the consultant will prepare several planning alternatives, which will include proposals such as Alameda Science City and the Alameda Center for Environmental Technology (ACET) which have already been presented to the City and the East Bay Conversion and Reinvestment Committee (EBCRC). These will be analyzed at a general level of detail according to their transportation, economic, fiscal, and environmental impacts, and presented for public review. The preferred alternative selected will be the basis for the Long-Term Reuse Plan, which will require additional data analysis. The Reuse Plan will specify land uses, densities, local and regional transportation facilities, community facilities, infrastructure, job development and retraining programs, remediation programs for toxins and hazardous wastes, and planning and design standards. The plan will indicate transportation and other improvements needed to implement its policies, estimate the costs of these facilities, and identify sources of funding. It will contain an analysis of the fiscal impact of the plan on the City/Reuse Authority and on other cities and methods of covering these costs. It will analyze the possible use of the redevelopment process for plan implementation. It will indicate phases for plan implementation, including how interim uses will be replaced by permanent uses over a long range time frame. The implementation portion of the plan will include a marketing program. The Navy will review the completed Reuse Plan to comply with the requirements of the National Environmental Protect Act (NEPA), and also the California Environmental Quality Act (CEQA), if necessary legislation is passed. The Navy will also be conducting environmental reconnaissance related to federal agency jurisdiction, such as wetlands and endangered species. The consultant will incorporate this information into the planing process, but will not do the NEPA/CEQA analysis as part of the original scope of work. 7 IV. Planning Process The City of Alameda will distribute a Request for Proposals (RFP) to consultants, inviting firms or teams to coordinate, analyze, develop, and prepare the Reuse Plan. The consulting firm or team will be asked to demonstrate expertise in the areas of management, economic and real estate market analysis and program development, land use planning, civil and utilities engineering, fiscal analysis, transportation planning, environmental analysis including historic analysis, knowledge of the base conversion process and other regulatory constraints, and public participation. The prime contractor must have a Bay Area office where the principal in charge works. Previous experience with military base reuse planning and with California projects is preferred. The City/Reuse Authority will review the Requests for Proposals and select the prime contractor. The City/Reuse Authority will be responsible for managing the contract and producing the Reuse Plan. The contract will specify that it may be necessary to terminate the process at the end of any phase of the work program; for example, the analysis of constraints may bring to light conditions that would drastically alter the ability to implement a Reuse Plan. The contract will emphasize the importance of integrating the work of other organizations in the Reconnaissance Phase, and the conduct of a thorough public participation process. V. Summary of Work Program A. Reconnaissance ( 1 month) The consultant will identify all relevant studies that have been and are being undertaken and how they will be integrated. These include studies by the EBCRC; by the Navy, including information on endangered species and hazardous waste; port, aviation, and other regional studies by the Metropolitan Transportation Commission (MTC); studies by the County; any studies by utility providers serving NAS; the State Lands Commission; and information already collected by the City, including the City's existing base maps. The consultant will inventory all existing information and sources. In addition, the consultant will indicate how the potential closing of the Oakland Supply Center (Alameda Annex-212 acres) could be integrated into the study. Products: Report on existing information; revised Scope of Work, including any necessary changes from the consultant's submitted proposal may need to expand. Review by the Alameda Reuse Authority, with input from the Alameda Base Reuse Advisory Group (BRAG), Alameda City Council, EBCRC, Alameda County, nearby cities, regional agencies, and other City of Alameda boards and commission. B. Conditions and Trends 1. Physical and Regulatory (4 months) The consultant will compile and analyze information on existing physical and regulatory conditions, constraints, and opportunities affecting NAS, integrating existing information and studies by other agencies wherever possible. Studies will include location assessment, aviation and port uses, base facilities/infrastructure, property and equipment inventory, local and regional transportation facilities, and environmental and geotechnical conditions. Regulatory requirements will include those of the State Lands Commission, Bay Conservation and Development Commission, Metropolitan Transportation Commission, the U.S. Army Corps of Engineers, and others. (Attachment D) 2. Social and Economic (2 months) The consultant will compile and analyze information on economic and social characteristics of the area, economic trends affecting the site, real estate market analysis, reuse potential of existing facilities, and the costs of holding the property once transferred, using existing data and studies by other agencies wherever possible. Products: A series of technical reports on each major subject. Summary report on Conditions, Constraints, and Trends, presented for information to the agencies listed under Task 1. C. Interim Reuse Strategy (2 months) The consultant will prepare a strategy for interim use of base facilities including a marketing and implementation strategy and information on how the interim uses can be phased and integrated into the long-term Reuse Plan. Product: Report on Interim Reuse Development and Marketing Strategy, presented at a series of public workshops and presented for approval to the Reuse Authority, with input from the agencies listed under Task 1. 9 D. Plan Alternatives (4 months) The consultant will describe several alternatives for the long-term Reuse Plan, including previously suggested development concepts and proposals such as Alameda Science City and ACET that have already been presented to the City and EBCRC. The description will include general information on residential, commercial, and industrial uses and densities; transportation; recreation; and community facilities; with a general analysis and comparison of the alternatives. This work can proceed simultaneously with the preparation of the Interim Reuse Strategy. Product: Report on Plan Alternatives, presented at a series of community workshops and presented for selection of a Preferred Alternative to the Reuse Authority, with input from the agencies listed under Task 1. E. Long-Term Reuse Plan (4 months) The consultant will prepare the long-term Reuse Plan, based on the Preferred Alternative, covering the following subjects: • Land uses and densities • Transportation facilities, regional and local • Community facilities • Infrastructure • Job development and retraining programs • Homeless facilities (as provided in prior screening) • Protection of environmental and historic resources • Remediation programs for toxins and hazardous wastes • Design and planning standards • Marketing and implementation strategies • Fiscal impacts and cost recovery • Method for evaluating and revising the long-term plan, based on experience in carrying out the Interim Reuse Strategy • Information on subsequent environmental review by the Navy Product: Report on Long-Term Reuse Plan, presented at a series of public workshops and presented for approval to the Reuse Authority, with input from the agencies listed under Task 1. 4 F. Estimated Budget 1. Reconnaissance 2. Conditions and Trends A. Physical and Regulatory B. Social and Economic 3. Interim Reuse Strategy 4. Plan Alternatives 5. Long-Term Reuse Plan TOTAL $ 50,000.00 $350,000.00 $150,000.00 $150,000.00 $150,000.00 $100,000.00 $950,000.00 NOTE: The amount to be requested for this fiscal year, ending October 31, 1994, will be $300,000, which would cover the costs of Task 1 and part of Task 2A, scheduled to be largely completed by then. The budget was projected from a cash flow standpoint. The consultant will complete the assigned task and then bill for the completed work. In the proposed budget, the consultant would complete work for Task 2A before October 31, 1994, and then bill for the work during the next budget period. 11 1!. z w H H f 0 E+ al �G N t3 g CA fZ 0" o o c4 O z 0 e Cn C 4 a R 6 1 :i 1 w �J 0) N 0 i., C 0 a ,O w 'C .-1 0 bi ° 0 0 b W oN4-) b ra -rt H C +) y i b U] w 7C a)tn U 0 C -.-1 0 l•i --+ 0 > (1) .. .-i a) a U b b C g 0 ---ti O RI 4-) --1 . 4 r4 C) 04 et1 rl 9) N H 1a R ° R. to H G) to CO E rn 3 W 0 0 C •ri It7 •+ 01 t G) �1. N a) 0 a. a e ' CITY OF ALAMEDA BASE CONVERSION LOCAL BUDGET TCH REQUIREMENT AND OTHER TCHING GRANT FUNDING REQUESTS III. Indirect Funding Sources $396,042.00 City Departmental Expenses * Public Works Bureau of Electricity Community Development: Housing Development Mgr. Neighborhood Develop. Mgr Economic Development Mgr. Community Development M Planning Department Planning Director Associate Planner Police Department Fire Department Recreation and Park Dept. Finance Department Personnel Library Department City Attorney City Attorney Assistant City Attorney Deputy City Attorney $ 37,500.00 19,300.00 26,400.00 . 20,000.00 19,200.00 ;r. 14,100.00 18,250.00 25,500.00 23,000.00 30,200.00 16,400.00 10,700.00 4,000.00 10,100.00 13,000.00 30,000.00 25,000.00 $342,650.00 Operating Expenses Allocated Using Direct Labor Base 53,392.00 ■ (Operating expenses were calculated for each City department by taking the percentage of the base conversion direct labor, divided by the total department direct labor. This percentage was then multiplied by the individual City departments' total operating expenses. These were added together to calculate the operating expenses allocated to the base conversion program.) IV. Direct Funding Sources OEA Planning Grant $581,374.00 State of California Cash Match $100,000.00 See Attachment B 14 CITY OF A EDA BASE CONVERSION BUDGET SUM RY The projected first year budget (11/1/93 - 10/31/94) for the Alameda Base Conversion is as follows: EXPENSES Base Conversion Office Expenses * Staff Salaries Project Manager $64,800.00 Facilities Manager 47,520.00 Senior Planner 34,560.00 Administrative Assistant 35,700.00 $182,580.00 Staff fringe benefits 54,774.00 Office Expenses 65,020.00 Telephone $10,500.00 Computers 10,000.00 Equipment/Furnishings 10,000.00 Fax/Copier 5,000.00 Supplies 12,000.00 Postage 4,000.00 Outside Copying Service 2,160.00 Janitorial 3,360.00 Temporary Secretarial 8,000.00 Travel Expenses 11,000.00 Local Travel 3,000.00 Long Distance Travel 8,000.00 Marketing 25,000.00 Outside Legal Services 20,000.00 Consultants 300,000.00 II. Base Reuse Advisory (BRAG) Expenses * * 23,000.00 Bus Tours $ 3,000.00 Town Meeting(s) 1,500.00 Survey/Brochures 15,000.00 Postage 1,000.00 Supplies 1,000.00 Newsletter 1,000.00 Video 500.00 * * See Attachment A See Attachment C SUBTOTAL $ 681,374.00 CITY OF A EDA BASE CONVERSION BUDGET NARRATIVE I. Base Conversion Office Expenses: Staff Salaries Per OEA, the salaries include an 8% increase allowance given the California cost of living. Fringe Benefits A maximum of 30% for benefits was calculated using a direct labor base. (In compliance with (HA.) Office Expenses Telephone expenses include the cost of installation, monthly equipment charges, and the estimated annual cost of phone service based on the first three months of operation. Computer equipment, printers and software was purchased for four staff members. Equipment and furnishings include file cabinets, chairs, window coverings and carpet. Rental of the FAX machine and copier costs $3850 a year, in addition to an annual service contract of $1150. The average cost of office supplies has been $1,000 per month including xerox paper, envelopes, stationery, general supplies, etc. In addition to general office business, the Base Conversion Office does a massive amount mailing for the Base Reuse Advisory Group (BRAG) and the eleven BRAG Subcommittees that meet weekly or biweekly, in addition to special meetings and tours. Postage has been averaging $333 a month. Use of outside copying service to copy Navy information for staff use, use by community reuse groups and to provide a copy to the library for public use has been costing $310 a month. The Navy is expected to finish providing the bulk of the information requested by April. The information provided by the Navy must be duplicated to establish a reference library for public use, for use by community groups and consultants. Massive quantities of information have been provided in a variety of formats including voluminous binders, oversized maps and charts, computer disks, etc. To copy some of the larger sized documents, color documents and mixed size binders, a copy service has been used as the office copier does not have the capability to do color copies or extra large copies. Also, copying of video taped briefings is approximately $100 - which will be needed two to three times. Janitorial service costs the office $280 per month. To provide clerical support when the secretary is absent from work and/or when additional clerical support is needed for special office projects such as xeroxing, cataloguing data, arrangements for special events (Town Meeting), etc., the average monthly cost of temporary secretarial services for November through January has been $660 per month. 15 Travel Expenses Local travel reimbursement for four staff people averaging 223 miles per month at a rate of $.28 per mile. One trip to Washington for four staff people to converse with OEA, and travel for four staff members to OEA sponsored conference and/or to visit other communities impacted by base closure. Marketing For the development of interim leasing marketing tools, including brochures and video. (Cost based upon consultant proposals to office.) Legal Consultants Outside counsel will provide assistance in evaluating potential reuses in terms of existing land use constraints such as Tidelands Trust and seaport designation. Outside counsel will analyze the constraints and propose solutions to any problems. Outside counsel will also assist in evaluating the Naval Air Station for suitability as a redevelopment area. The City Attorney's Office will be assisted by outside counsel in the negotiation and drafting of contracts and other documents related to the closure and reuse. 11. B Reuse Advisory Group Expen The Base Reuse Advisory Group (BRAG) subcommittees have arranged bus tours to acquaint their participants and community organizations with facilities on the Naval Air Station to assist with their reuse planning effort. These tours will be continued as needed. Appropriate EBCRC Committees have been and will continue to be invited to participate on tours. Bus tours from November 1993 through early February 1994 cost $900. To encourage community participation and update the community on the base conversion process, the BRAG is holding a series of Town Meetings. Participants at the first Town Meeting included the Chairman of the EBCRC and representatives from the Naval Air Station and Naval Aviation Depot. Even with the donation of many services and supplies, the Town Meeting expenses totaled over $400 for equipment rental, set-up fees, etc. The BRAG has requested a community wide survey be prepared - similar to the one used by the City of Tustin during their base conversion process. The purpose of the survey or brochure is to educate the community on the base closure and solicit even greater community input. (According to MIG Public Involvement, a survey will cost approximately $15,000.) The BRAG has a bi-monthly newsletter in the community paper, and another local paper runs a weekly column. Both these efforts have minor miscellaneous costs - including postage and supplies - associated with production. Also, the BRAG members occasionally incur minor expenses for their Subcommittees. The BRAG produced a video about the base conversion effort with donated supplies and services from the local cable company; however, the BRAG did have some minor expenses and will have to pay for copies of the video to distribute to local schools, libraries, and local and regional community groups. 4 Alameda Reuse and Redevelopment Authority Inter-office Memorandum July 7, 1994 TO: Honorable Members of the Alameda Reuse and Redevelopment Authority FROM: Don Parker Executive Director SUBJ: Approval of Selection of Consultant and ____• Backaround- Authorization for Executive Director to Necrotiate and Execute a Contract On April 22, 1994, the Alameda City Council authorized issuance of a Request for Proposals (R.FP) for a lead consultant to respond to a scope of work to coordinate, analyze, Air Station Alameda. formulate and present an interim reuse strategy and a final "community reuse plan" for the Naval The Office of Economic Adjustment (OEA) amended the East Bay Conversion and Reinvestment Commission (EBCRC) Grant Agreement to provide funding to the City of Alameda for reuse planning for a master consultant to help plan for the reuse of Naval Air Station (NAS) Alameda. The OEA Grant (#CL9405-93/94-01A) for the initial phase of the consultants work is in the amount of $300,000. Funding for the remainder of consultants work, consultants work is estimated at approximately $1,000,000. a critical component of next years budget, is estimated at $700,000. The to budget for the The OEA Grant is administered by the City of Alameda and the County of Alameda through the approved "sub-grantee agreement" with the (E8CRC). Presently, the authority to select the consultant approve and execute the contract rests with the City of Alameda. However, the City may transfer their authority to manage and implement the contract to the Alameda Reuse and Redevelopment Authority. (See City of Alameda Reuse and Redevelopment Authority Agenda Item #D.) Under this arrangement, the City of Alameda/Count of Alameda would continue to be the fiscal agent administering grant payments for the OEA Grant award, and implementation of the grant and the contract would rest with the Reuse Authority. Therefore, the Reuse Authority would be responsible for approving the consultant selection, implementing and administering the contract provisions and authorizing negotiations for execution of the consultant contract by the Executive Director. It is anticipated that all future OEA grants would be made directly to the Alameda Reuse and Redevelopment Authority and administered by the Authority through its own fiscal agent. i Honorable Members of the Alameda Reuse and Redevelopment Authority July 7, 1994 Page 2 Discussion/Analvsis: Seven (7) proposals were submitted by the deadline of June 9, 1994. Copies of all seven proposals are available for review in the Reuse Authority Office, the City Clerk's Office, and the EBCRC office. A selection committee made up of City of Alameda staff and Bill Touhy, Project Director of the EBCRC, reviewed the seven proposals. A short list of three teams was selected for interviews: EDAW, ROMA, and the Planning Collaborative/Sasaki team. The criteria for selection and a summary of the selection committee's rankings are attached. Interviews of the three top teams were conducted on Wednesday, July 19, 1994. The review panel consisted of seven members of the initial selection committee (City of Alameda and the Reuse Authority Staff), two members of the BRAG (Helen Sause and Doug deHaan) and a member of the EBCRC (Commissioner Alan Dones). Two of the three short listed teams were selected for additional follow-up interviews: EDAW and ROMA. Reference checks of each team were conducted by the Reuse Authority Office. Follow-up interviews were conducted by the Executive Director, Don Parker, and the Reuse Authority Planner, Paul Tuttle, on July 5, 1995, at each team's place of business. Findings of these follow-up interviews were reported back to the interview panel at a special meeting on July 7, 1995. Following this review process and assessment, the selection committee determined EDAW to be the best team to help prepare the Alameda Interim Reuse Plan and the Community Reuse 'Plan. Overall the EDAW proposal is one of two highest ranked of all seven proposals by both the initial selection committee and the interview panel. Recent experience of EDAW with Bay Area Economics and the other subconsultants includes reuse planning efforts for Mare Island in Vallejo, the Presidio in San Francisco, Castle AFB, and the Umatilla Depot Reuse Plan in Oregon. Including those listed above, EDAW has played a role in thirteen military base planning efforts throughout the country: George AFB, Chanute AFB, Williams AFB, Myrtle Beach AFB, and Fort Sheridan Reuse Plan. EDAW's planning experience also includes numerous large scale redevelopment and planning projects throughout the country including: the Mission Bay Plan in San Francisco, Cabrillo Marina, Port of Los Angeles Master Plan, Lawrence Livermore National Laboratory Strategic Plan, UC Santa Cruz LRDP, and the Long Term Management Strategy for Reuse and ',land Dredge Disposal for the U.S. Army Corps of Engineers. Honorable Members of the Alameda Reuse and Redevelopment Authority July 7, 1994 Page 3 The proposed work program of the EDAW team fulfills all the tasks requested in the RFP, and includes a number of additional critical tasks, such as: developing conceptual alternatives early On in the planning process; developing the reuse plan simultaneously with the development and analysis of long range alternatives; and inclusion of the selection and refinement of a preferred alternative prior to development of the final plan. The management team is led by John Petrovsky from EDAW, who has experience in three recent base reuse projects. The EDAW team has a total MBE/WBE participation of over 34%. The consultant work is expected to take place over the next seventeen months to meet the January 1996 deadline for submission of the Community Reuse Plan to the Department of Defense (DoD). The EDAW proposal includes a major public participation program which will be developed more fully in the first four weeks of Phase I Reconnaissance of the project. Meetings and workshops are proposed with the BRAG, EBCRC, and the Reuse Authority at four key "milestones" throughout the project. In addition, a number of agency coordination meetings would be held, bi-weekly staff coordination meetings, and monthly staff reports will be prepared. EDAW's proposed budget is one of the lowest of all seven proposals at $953,667. Work products include: administrative draft and final reports at each phase of the project; color wall graphics for alternatives and the preferred plan alternatives; a marketing strategy and marketing plan; financial analysis and operations plan; financing schedules; a building demolition plan; a dynamic, operations and financial model; and, draft and final interim reuse plan and community reuse plan documents. Budget Consideration/Fiscal Impact: The budget estimate of the EDAW proposal is $953,667, (including a $25,000 set-a-side for meetings as proposed by the Reuse Office staff). A budget for the initial phases of the consultant work, through October 1, 1994, has been approved by OEA for $300,000 (# CL9405-93/94-01A ) . The remaining consultant activity will be included in next year's budget submittal for approximately $700,000, and will be granted directly to the Alameda Reuse and Redevelopment Authority. Further negotiations may include shifts or additions in the team makeup to improve the expertise in some areas, and shifting costs and tasks between subconsultants to improve the quality of the work products. Honorable Members of the Alameda Reuse and Redevelopment Authority July 7, 1994 Page 4 Following the initial Phase, Phase I - Reconnaissance, the consultant will report back to the Reuse Authority (by September 15), with a report on the refinement of the work program and a revised budget estimate for the next fiscal year. Timing of the project completion is critical. The consultant team must be selected and under contract as soon as possible to meet the January 1996 deadline for submittal of the "Community Reuse Plan" to the Navy. Recommendation: It is recommended that the Reuse and Redevelopment Authority, by motion, approve the selection of EDAW as the lead consultant to prepare the interim reuse strategy and the final "Community Reuse Plan", and authorize the Executive Director to negotiate and execute a contract with the consultant. DP:PT:eb espectfully submitted, Don Parker Executive Director Attachments: Summary Evaluation of Proposals Summary Evaluation Rating Sheet Alameda Community Reuse Plan Issues The selection committee identified nine major issues to discuss with each consultant team during the interviews. • Project Management - What is your approach to inter governmentaUjurisdictional coordination, team coordination, management controls, schedule management, and quality controls? • Public Contact and Project Manager Roles - Who will be responsible for team presentations at boards commission and who will be responsible for day-to-day project management; what is their experience? Marketing & Economics Analysis - What is your teams approach to the development of an interim reuse strategy and the reutilization of the existing industrial facilities? Identify your approach to micro-economic vs. macro-economic analysis and how to create an interim plan. Building Conditions & Utility Analysis - Identify your strategies for making assessments and decisions on building reuse and utility system viability. • Community Participation Approach - Identify your approach and strategies for local and regional input, methods of identifying trade offs and consequences of alternatives, and methods of decision making and consensus building for the difficult issues in the planning process. • Transportation - Identify your strategies to identify and prioritize potential transportation improvements and their economic feasibility to provided the greatest return on investments. Environmental Issues - Identify strategies for understanding and dealing with the environmental review process, multi-jurisdictional regulations, evaluation of current studies, and approaches for negotiating the many overlapping environmental interests on NAS (i.e. fish and game, tidelands, historic preservation, national trust). • Previous Base Closure Experience - Identify what lessons your team has learned from previous base closure experience which may help in the Alameda base closure process. • Integration of Interim and Long Range Plans - Identify your approach to integrate the interim reuse plan with the longer term Community Reuse Plan. Alameda Reuse Plan Interview Evaluation Work Sheet Evaluation Criteria M. Pls. Evaluator Consultant Team COMMENTS Presentation 1. Quality of Presentation, 5 Understandability, professionalism, clarity. organization 2. Content of Presentation Approach, knowledge & understanding of important issues 3. Team Representation How well was team represented, apprbpriate subs present? 5 5 Subtotal 15 Discussion and Questions 5. Project Management & Organization 5 6. Project Manager experience 5 7. Work Program Approach Marketing & Economic Analysis 5 Building & Utility Conditions Analysis 5 Transportation Strategies and Analysis 5 Environmental Analysis & Multi-jurisdictional coordination 5 8. Lesson from Previous Base Closure Experience 5 9. Integration of Long Term and Short Tenn Plans 5 Approach to integration of interim plan and long term plan 10. Project Costs 5 What additional costs reducing proposals were presented? 11. Community Participation Approach 5 12. Team Experience 5 Overall team experience explained 13. Project Schedule 5 Approach, special features. time saving features 14. MBE/WBE Participation 10 15. 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CD m D 3 (n 0 co tn .< . .. , C0 (0 .R.; _ CD CD CD 0 -co -0 M -. o 0 32 5s -9.. co ca. co Fo- 0.) 3' ..< cn 71 0 > > -I 70 13 71 > K 0.0) CD C 30. co 9.2. -o 5 7 itli 5- 32= -o 30. 5 0.1] CD 0 up 0 5 a 2 0 a3 33 7 02 7 70 70 0 -2 ',7e c c o Eic CD CD a 2 g 2 FD' 3 0 to 3 2 = 9932 o o 01:9 co a "4 cm c„ -... 3' 3 i Io.; 7 (4 DO 'HD 3 CO C0 a) 3 CD 0 ...< ...< m cn Po -, CD co i3 K m a cn 0 cr) m C) 0 col co z 3SVHd 103roud m 0 weal i(q s}Onpoad ALAMEDA REUSE PLAN PROPOSAL SUMMARY - Experience Experience EDAW Comments Consultant Team ROMA Comments TPC /Sasaki Comments Prime Consultant Base Reuse Plannin• Ex• Mare Island Castle AFB George AFB Chanute AFB Williams AFB Myrtle Beach AFB Umatilla Anny Depot Fort Sheridan Presidio Reuse Study Lawrence Llvetmore Plan March AFB Comp Plan UCSC LRDP SF Bay Study. USA Corps. Eng. Princl. al In Char a John Petrovs Pro ect Mena. erg•- • Excellent reference Excellent reference Where Is this experience 7 Where Is This experience ? Where is This experience ? Where Is this experience ? Where Is this experience 7 Broadway Complex San Diego Mather AFB, Sacramento NCEL Point Hueneme, Ventura Railroad Specific Plan, Sacrament. SP redevelopment prof Area Wide Strategy, Alameda DeLorenzo Planners Alameda NAS Master Plan Point Hueneme NAS Master Plan El Toro USMCAS Master Plan Naval raining Center, San Diego USMC Center Twenlynine Palms 'The: Planning Collaborative Hunters Point Naval Shipyard Berkeley Albany Waterfront t Naval Supply Center Oakland Naval Weapons Station Concord Berkeley Waterfront Specific Plan Sasaki Part of teanvelec. mapping Hunters Paint Naval Shipyard Hayes Army Hospital Science Based Industrial Park - Taipei Chariston Naval Complex. South Bergstrom Air Base, Austin' with HGHB with HGHB with HGHB with HGHB with HGHB ,Where is this experience 71 ;Not with this office! Mare island Castle AFB Umatilla Army Depot Presidio Reuse Study Lawrence Livermore Plan March AFB Comp Plan Excellent reference Excellent reference Barbara Malone Mare Island UC Davis LRDP Broadway Complex San Diego Mather AFB, Sacramento NCEL Polnl Hueneme, Ventura Adams &Bonnie Fisher Alameda Areawide Study Mather AFB Rallroad Specific Plan, Sacramento San Diego, Marina UCSF Long Range Plan Hunters Point Naval Shipyard Berkeley Albany Waterfront Naval Supply Center Oakland Naval Weapons Station Concord Berkeley Waterfront Specific Plan rota, TPC ". Anloch Waterfront San Malero Specific Plan Hilltop Tank Farm, Richmond Albany Waterfront Park Plan with HGHB with HGHB with HGHB with HGHB with HGHB with HGHB with HGHB ...Economic Ba Area Economics' Ke ser Ma ton Assoc, ? nn Sedwa , S&A Dena Balzer EBCRC Work Mare island Reuse Plan Preskflo Reuse Plan Property Mang. Dlsporttlon National Par San Jose Redevelop. Agency South San Fran. 101 study ULI Econ. Dev. Strategies COLMA BART Specfc Plan ndustriat Leasin. ".Nerthbrdl•e!Groff Presidio Jerry Keyser/Tim Kelly Jay Mancini Janet Roche Presidio Reuse Plan NTC San Diego Fort Ord Hamilton AFB Alameda Naval Supply, Alameda Fort Ord, Monterey Studies USCG Housing Market Study Hewlett- Packard Fiscal Analysis UCSF LRDP Econ. Base Analysis Monterey Corridor Bruce Carter & Jim Medanich Mare Island Reuse Del Monte Can North American Refractory Emle Swiger Mike Cucka Theresa Hughes Hunter's Point Econ.lmpact of Base Closure on Oakland Trans.ortation Fehr Peers ° ^.. _ ^: <., <, •`, _ `.. "Thomson Bill Burrell. Wilber Smith'' v John Peers Mare Island Fort Ord Step Center Palo Alto Cliywide Land Use/Trans. Tracy Growth Management Plan UCB LRDP Colma BART Specific Plan Robert Grandy Luba Wyznyckyj I-090/98th Interchange, Oakland KORVE Hunters Point Shipyard Base Reuse Pilot Study, EBCRC Mather AFB Reuse Plan US Navy Broadway Plan EIR/EIS SP Specific Plan. Sacramento Port of Oakland Terminal Linda Carpenter, Wilber Smith Fort Ord Hamilton AFB Ford Ord Multlmod. Corridor .PresIdlo with Jones &:Stokes Alameda AreawIde Strategy Plan Buildln •7E. al. ment ^.. 'Harris & Associates &D.i kit +Smite • Sasaki. '. Building /Structures Equipment Gregory Brown South San Francisco Corp Yard South Bayside System Authority.. Cod City or Berkeley Seismic Eval. Water Study, USN Oakland Treasure island Water System Mare Island Reuse Plan Northbridge Group Mare Island Del Monte Can North American Rehacto Paul LaClura Chuck Sprlck Steam System Alameda UCSF Facilities System Hangar 3 Electrical, Moffett NAS Keller & Gannon Hunters Point Naval Shipyard Hayes Army Hospital Science Based industrial Park - Taipei Charlston Naval Complex, South Carolina' Bergstrom Alr Base, Austin' Rutherford & Chekene Hanscomb Associates Work System Design Where 15 this experience ?i Not with this office! Civllllnfraasfracture ', Moffatt & Nlctiol Relmer/PBO&D^ Ilct eel Polanskl,;Greiner En• ipeers Civil Engineering Utilities Bob Battallo & Richard Domhelm Alameda Ferry Terminal Mare Island Alameda NAS Charleston, SC Larkspur Ferry Terminal Douglas Young, YEI Engineers Alameda NAS Mare Island Waterfront Dev. Moffatt & Nichol Bob Baltaltp & Richard Dornhelm Alameda Ferry Terminal Mare Island Reuse Plan Alameda NAS Charleston Naval Base Reuse Larkspur Ferry Terminal PBQ &D Paul LaClura Chuck Sprlck Steam System Alameda UCSF Facilities System Hangar 3 Electrical, Moffett NAS Paul Reimer Fort Ord Reuse Planning Hamilton AFB Competitive Acq. Stead AFB Reno Tracen USCG Housing Moffatt & Nichol Bob Battello$ Richard Dornholm Alameda Ferry Terminal Mare Island Reuse Plan Alameda NAS Charleston Naval Base Reuse Larkspur Ferry Terminal Skaggs Island Closure Centerville Beach Closure Harbor Bay Isle, Alameda England AFB, Louisiana' USAF Palmdale Ca.° Oakland Arty Base Douglas Young, YEI Engineers Alameda NAS Mare Island Moffatt & Nichol Bob Baltalio & Richard Dornhelm Alameda Ferry Terminal Mare Island Reuse Plan Alameda NAS Charleston Naval Base Reuse Larkspur Ferry Terminal Where is this experience 7. Where Is this experience ? Where is this experience? Environmental" Baseline Enetronmestai."i ESA.. Jell Greta. TPC Wetlands Port of Oakland Env. Services Mare Island Reuse Plan Zander Associates Mare Island Reuse Plan Fort Ord Bbl. Resource Planning East County Area Plan, Alameda. Co. David Full Mission BAy, San Francisco Oakland Akport EIR/EIS City of Albany Waterfront Plan Oakland Anny Base Assessment Camp Roberts Envkonmenlal Man Philip Williams & Associates Wetlands/Hydrology Crissy Field Naval Weapons Concord USA Corps of Eng. Sonoma Baytands Restoration HARZA - Environmental Cleanup Alameda NAS - 20 projects with NAS Fort Ord Reuse Study John Zentner, Zentner & Zentner Wetlands Studies In Contra Costa Co., Sacramento, Fairfield, Petaluma, Malibu, Vall to Lamphter & Associates Marina Village EIR BAy Fram Island Bicycle Bridge Alameda Bureau of Electricity Dean Macris Jay Mancini Donald Ballantl - Air Quality Charles M. Salter - Noise Rutherford & Chekene Alameda Neu.xc and Redeyel.pmenl .Imhoray croeS msr49r PAGE 7 ALAMEDA REUSE PLAN PROPOSAL EVALUATION CRITERIA 1. Approach & Work Plan Work Plan meets Scope of Services Detail and Clarity Special Problems Identified & Recommended Approach Unique Approaches to save time and money Completeness of Proposal 2. Project Management Capabilities of Lead Firm Experience managing large scale project Experience of project manager Financial History Age of Firm Ability to meet deadlines and budget Quality control Approach Supervision and Management Strategy Strategy for Integration of work of others 3. Firm and Team Capabilities/Experience Government Project Experience Knowledge of Laws (Federal and State) Qualification of team Members and staff Professional Training, achievements and experience of project manager and staff engaged in the project experience of assigned staff Size and Depth of Firm Diversity of Team Overall Project Experience Large Projects Similar Projects (Base Closure) Redevelopment Projects General Plans Utility Improvement Plans 4. Community Outreach & Public Participation Public Outreach Approach Integration of Public Participation in Process Experience with Public Participation Strategy of Integration of Public Comments 15 pts. 15 pts. 15 pts. 10 pts. Alameda Reuse and Redevelopment Authority Page 1 June 9, 1994 a 5. WBE/MBE Compliance 10 pts. WBE/MBE Participation on team 6. Project Costs Rates Completeness of Cost Breakdown Overall Project Cost Estimates Special Pricing Considerations Overhead Limits Cap Limits Time Limits Negotiated Fees 7. Current Workload Number and size of existing projects Status of existing projects (completion timetables) Status of assigned personnel Work load of assigned personnel 8. Proximity to Alameda Office Location (Proximity to Alameda NAS) Communication Strategy Response Time On-site management Capability Travel Expenses 9. Proposed Schedule Ability to meet required deadlines (Jan 1, 1996) Strategy to Meet Deadlines Realistic Review Schedule 10. BONUS POINTS Unique/innovative Approach or ideas Understanding of Planning Problems Other unique contributions/factors Exceptional ability or experience TOTAL Alameda Reuse and Redevelopment Authority June 9, 1994 Criteria/6-9-94 10 pts. 5 pts. 5 pts. 5 pts. 10 pts. 100 pts. 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