2024-12-13-RFQ_HSR24-36_PMES.pdf

Request for Qualifications for Property Management Environmental Services

RFQ No. HSR24-36 December 13, 2024

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

California High-Speed Rail Authority RFQ No. HSR24-36

Page i of iiiRequest for Qualifications for Property Management Environmental Services Table of Contents

Table of Contents

INTRODUCTION

1. BACKGROUND

2. PURPOSE AND OVERVIEW OF RFQ

2.1 Background for the RFQ

2.2 Definitions

2.3 Acronyms

INSTRUCTIONS TO OFFERORS

3. PROCUREMENT SCHEDULE AND PROCESS

3.1 Authority’s Designated Point of Contact

3.2 Addenda to RFQ

3.3 Non-Commitment of Authority

3.4 Property Rights

3.5 Non-Exclusiveness of Subconsultants

3.6 Improper Communications and Contacts

3.7 Organizational Conflicts of Interest

3.7.1 Organizational Conflicts of Interest for Future Contracts

3.8 Confidentiality

3.9 Executive Order N-6-22 – Russia Sanctions

3.10 The California Environmental Quality Act

4. SUBMITTAL OF THE STATEMENT OF QUALIFICATIONS

4.1 Statement of Qualifications Submittal Information

4.2 Late Submittals

4.3 Modification or Withdrawal of SOQs

STATEMENT OF QUALIFICATIONS

5. STATEMENT OF QUALIFICATIONS REQUIREMENTS

5.1 General Requirements

5.2 Transmittal Letter

5.2.1 Minimum Qualifications

5.3 Contents of the SOQ

5.3.1 Executive Summary

5.3.2 Past Performance and Experience

5.3.3 Organization and Key Personnel

5.3.4 Understanding of Project Elements and Requirements

5.3.5 SB/DVBE Participation

6. EVALUATION AND NEGOTIATION

6.1 Statement of Qualifications Review

6.2 Statement of Qualifications

6.3 Offeror Minimum Qualifications

6.4 Discussions Evaluation

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

Page ii of iii Request for Qualifications for Property Management Environmental Services Table of Contents

6.5 Final Scoring

6.6 Notice of Proposed Award

6.7 Agreement Negotiation Process

6.8 No Agreement Until Signed and Approved

6.9 Debriefings

6.10 Confidentiality

7. PROTEST PROCEDURES

7.1 Applicability

7.2 Required Early Communication for Certain Protests

7.3 Deadlines for Protests

7.4 Content of Protest

7.5 Filing of Protest

7.6 Comments from Other Offerors

7.7 Authority Response to a Protest

7.8 Burden of Proof

7.9 Decision on Protest

7.10 Limitation on the Authority’s Liability

List of Tables Table 1: Key RFQ Dates

Table 2: Firms Subject to Offeror Ex Parte Communications Prohibitions During this Procurement

List of Figures Figure 1: RFQ Section Map

List of Attachments Attachment A: Minimum Qualifications Checklist

Attachment B: Criteria for Awarding Points for the Statement of Qualifications

Attachment C: Criteria for Evaluation of Discussions and Final Score Worksheet

Attachment D: Sample Agreement, including Exhibit A (Scope of Work) through Exhibit E

Attachment E: Cost Proposal/Rate Sheet Form and Schedule of Other Direct Cost Items

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

Page iii of iiiRequest for Qualifications for Property Management Environmental Services Table of Contents

List of Forms and Certifications

Forms

Form A: Schedule of Subconsultant(s)

Form B: Organizational Conflicts of Interest Disclosure Statement

Form C: Disabled Veteran Business Enterprise Declaration

Certifications

Cert. 1: CCC 04/2017 and STD 204

Cert. 2: Offeror’s Small Business Program Goals Commitment Certification

Cert. 3: Iran Contracting Certification

Cert. 4: Darfur Contracting Act Certification

Cert. 5: Major Participant Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Certification

Cert. 6: Subconsultant Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Certification

Cert. 7: Non-Collusion Certification

Cert. 8: Equal Employment Opportunity Certification

Cert. 9: Non-Discrimination Certification

Cert. 10: Certification Regarding Lobbying

Cert. 11: California Civil Rights Laws Certification

Cert. 12: Generative Artificial Intelligence Disclosure and Factsheet

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

Request for Qualifications for Property Management Environmental Services

INTRODUCTION

1. Background

The California High-Speed Rail Authority (Authority) is responsible for planning, designing, building, and operating the first high-speed rail system in the nation.

California high-speed rail will connect the mega-regions of the state, contribute to economic development and a cleaner environment, create jobs, and preserve agricultural and protected lands.

The Authority may enter into contracts with private and public entities for the design, construction, and operation of high-speed rail trains including all tasks and segments thereof pursuant to California Public Utilities Code section 185036.

Additional authority for a State of California agency to enter into this Agreement includes, but is not limited to, Government Code sections 4525, et seq.

Capitalized terms within this document are defined in Section 2.2.

The Authority intends to finance the Project with State of California and federal funds, including, but not limited to, funds provided by the Federal Railroad Administration (FRA) and funds made available through the American Recovery and Reinvestment Act of 2009 (ARRA) and require that certain federal requirements apply to the Agreement for the Work. The Authority will act as the FRA-designated recipient for federal transportation funds.

Any services or Work performed must be consistent and/or compliant with the conditions set forth within the following:

• California State Budget Act 2012-13, SB1029 (Chapter 152, Statutes of 2012)

• California High-Speed Rail Program 2024 Business Plan.

• U.S. Department of Transportation FRA Grant/Cooperative Agreements FR-HSR-0009-10-01-07 including subsequent amendments and FR-HSR 0118-12 including subsequent amendments.

2. Purpose and Overview of RFQ

The following list provides a general overview of information related to the subject of this Request for Qualifications (RFQ).

1. The Authority is issuing this RFQ to receive Statements of Qualifications (SOQs) from qualified firms (Offerors) for Property

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2 http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001-1050/sb_1029_bill_20120718_chaptered.pdf https://hsr.ca.gov/wp-content/uploads/2024/05/2024-Business-Plan-FINAL.pdf http://www.hsr.ca.gov/about/capital-costs-funding/funding-agreements

Management Environmental Services. The purpose of this RFQ is to award an agreement (Agreement) to one successful Offeror (Consultant) to provide property management compliance services, including management of the Authority’s various properties, conducting reviews as to all necessary work, scheduling and coordinating maintenance work, demolition activities or other services, and coordinating and scheduling any necessary environmental clearance activities. The properties are located in the Central Valley of California, including the counties of Madera, Merced, Fresno, Tulare, Kern, and Kings. The scope of work is described more fully in the RFQ Attachment D, Sample Agreement, Exhibit A, section 2 (Scope of Work).

2. This procurement consists of evaluating SOQs and Discussions in response to this RFQ with the intent to award an Agreement to a successful, responsive, qualified Offeror whose qualifications conform to the requirements of this RFQ and is considered the most qualified by the Authority. The Offeror the Authority considers most qualified shall be the Offeror ranked “1” (top-ranked Offeror) pursuant to such evaluation (see Section 6 of this RFQ).

3. The selected Offeror may be working with the Federal Railroad Administration (FRA), Surface Transportation Board, California Public Works Board, California Department of Transportation (Caltrans), California Department of General Services (DGS), Department of Fish and Wildlife (CDFW), other partnering agencies, and Authority contractor(s)/consultant(s).

4. The term of the Agreement resulting from this RFQ will be two years.

No Work may begin prior to the receipt of a Notice to Proceed (NTP).

5. The not-to-exceed dollar value for the Agreement is $3 million dollars.

Executing an Agreement is not a guarantee of Work; the actual amount of Work requested by the Authority under the Agreement resulting from this RFQ may be less.

6. Any services to be provided by the successful Offeror shall only be performed pursuant to a task order and/or workplan that provides a detailed description of the services to be performed, the time for the Work to be performed, and the not-to-exceed amount to be charged, and estimated costs.

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

7. The services described herein are not exclusive, and the Authority reserves the right to enter into other agreements covering the same or similar services, or to perform the same or similar services itself or through its agents.

8. The Authority requires its professional consultants to provide services that meet or exceed the applicable professional standard(s) of care and produce deliverables of the highest quality within a constrained schedule to meet program commitments. It is acknowledged by the Offeror that time is of the essence in the performance of each assigned task. The services, and any defined deliverables, shall be completed and delivered to the Authority, or its agent, in a prompt and timely manner to permit the effective review and deployment of the deliverable by the Authority during and throughout the performance of any Agreement resulting from this procurement.

9. This RFQ is governed by Government Code section 4525 et seq., and shall follow the process in California Code of Regulations, title 21, section 10000 et seq., and the Authority Board’s RFQ policy. The evaluation/selection will be based on the factors/criteria contained in this RFQ including Attachments A through C.

10. This RFQ incorporates by reference the Authority’s HSR SB Program Plan, dated November 2, 2023, which establishes a 25 percent Small Business (SB) goal, inclusive of a 3 percent goal for Microbusinesses (MB); and a separate 3 percent Disabled Veteran Business Enterprises (DVBE) goal for contracts that are 100% state funded by state dollars.

Further details about the Authority’s goals and its HSR SB Program Plan may be found on the Authority’s Small Business Program webpage.

11. For this Agreement, the current anticipated total contract value is $3,000,000. Of that amount, the total SB value is $750,000 inclusive of the MB carveout value of $22,500. The DVBE value is $90,000.

12. For each task order and/or workplan, if applicable and as required by the Agreement, the Consultant may be required to propose and/or follow performance targets and measures suitable for measuring performance towards the Authority’s performance objectives.

13. Negotiations, as set forth herein, shall be held with the top-ranked Offeror.

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2 http://www.hsr.ca.gov/business-opportunities/small-business-program http://www.hsr.ca.gov/business-opportunities/small-business-program

14. This RFQ will be available in electronic format on the California State Contracts Register website.

15. All questions regarding this RFQ must be submitted in writing to the email address of the Authority’s Designated Point of Contact in Section 3.1 of this RFQ by the date and time listed in Section 3.0, Table 1, Key RFQ Dates. All such questions should use the subject line: HSR24-36 Property Management Environmental Services.

Responses to questions submitted will be posted on the California State Contracts Register for the benefit of all Offerors.

2.1 Background for the RFQ

The purpose of this RFQ is to award an agreement (Agreement) to one successful Offeror (Consultant) to provide property management compliance services (Work).

The inventory of land parcels/properties includes, but is not limited to, vacant, improved, and agricultural parcels; occupied and unoccupied buildings and other structures; single-family and multifamily residential properties; commercial and industrial fixtures, structures, buildings and uses (in rural, agricultural, and urban settings); and other types of properties. Some properties are wholly or partially located within environmentally impaired, permitted, or sensitive areas.

The properties are located in the Central Valley of California, including the counties of Madera, Merced, Fresno, Tulare, Kern, and Kings along the 171- mile Merced to Bakersfield extension alignment.

A map of the area to which the Work will relate is included below as Figure 1.

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2 http://www.caleprocure.ca.gov/ http://www.caleprocure.ca.gov/

Figure 1: RFQ Section Map

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

2.2 Definitions

Whenever used in this RFQ, the following terms have the definitions indicated:

Agreement: The written executed contract between the Authority and the successful Offeror resulting from this procurement.

Authority: The California High-Speed Rail Authority.

Authority Board: The California High-Speed Rail Authority Board of Directors.

Authority’s Designated Point of Contact: The representative of the Authority identified in Section 3.1.

Business Day: Monday through Friday, except for federal or State of California holidays, between the hours of 8:00 a.m. and 5:00 p.m., Pacific Time. Lists of federal and State of California holidays can be found at the U.S. Office of Personnel Management and California Department of Human Resources websites, respectively.

Commercially Useful Function: The Authority will uniformly apply best practices in collective consideration of Commercially Useful Function (CUF) standards set forth by 49 C.F.R. Part 26.55 (c)-(d), Government Code section 14837, California Code of Regulations section 1896.4(h), and Military and Veteran Code section 999(b) (5). An SB, Small Business for the Purpose of Public Works (SB-PW), DVBE, or Microbusiness (MB) is deemed to perform a CUF if the business meets applicable CUF standards as required by law and the State of California (see DGS’ Commercially Useful Function for Certified Firms webpage for more information).

Consultant: The successful Offeror that executes the Agreement with the Authority as a result of this RFQ.

Day or day: Calendar day, unless otherwise noted.

Disabled Veteran Business Enterprise: A for-profit business concern that meets the certification requirements set forth in California Military and Veterans Code section 999(b)(7), including, but not limited to, at least 51 percent ownership by a veteran of the United States Military who has at least a 10 percent service-connected disability. To be counted towards meeting the goals of the SB Program, a Disabled Veteran Business Enterprise must: (1) Be certified as such by DGS’ Office of Small Business and Disabled Veteran Business Enterprise Services, and (2) Perform a CUF, as defined herein, in providing

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2 http://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=Overview http://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=Overview http://www.calhr.ca.gov/employees/pages/state-holidays.aspx https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms services or goods that contribute to the fulfillment of the contract requirements for this procurement.

Discussions: Oral interviews conducted in accordance with California Code of Regulations, title 21, section 10000.6 and the Authority Board’s RFQ policy. See Section 6.4 and Attachment C of this RFQ.

Early Operating Segment: The fully electrified, dedicated segment of the System upon which the Authority will conduct initial passenger revenue operations. It is approximately 171 miles in length from the north side of Merced Station at R street in Merced to the south side of Bakersfield Station at Chester Avenue in Bakersfield, as set forth in RFQ Figure 1.

Grant/Cooperative Agreements: Any federal agreements between the Authority, the Federal Railroad Administration (FRA), the United States Department of Transportation (U.S. DOT), and/or any other federal agency providing terms for expenditure of federal funds, including FRA Grant Cooperative Agreement numbers FR-HSR-0118-12, as amended (FY 10 Grant), and FR-HSR-0009‐10‐01‐07, as amended (ARRA Grant).

Interfacing Contractor: A Person engaged with the Authority to design, deliver, manufacture, construct, and/or maintain or conduct other activities related to or adjacent to any portion of the System that interfaces or could interface with the Work. This definition includes Persons engaged with the Authority for these services after the execution of this Agreement.

HSR SB Program: The Authority’s High-Speed Rail Small Business Program (HSR SB Program), as detailed in its HSR SB Program Plan.

Key Personnel: Those individuals identified in the Offeror’s SOQ to fill the roles specified in Section 5.3.3.1.

Microbusiness: A for-profit small business concern that meets the certification requirements set forth in California Government Code section 14837(d) and California Code of Regulations, title 2 sections 1896.4 (Definitions) and 1896.12 (Eligibility), including but not limited to, its principal office is located in California, its owners reside in California, it is not dominant in its field, and it has an average gross revenue of $6 million or less over the previous three tax years. To be counted towards meeting the goals of the SB Program, a Microbusiness must be certified as such by DGS.

Offeror: A Person that submits a Statement of Qualifications in response to this Request for Qualifications.

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2 https://hsr.ca.gov/wp-content/uploads/2023/12/HSR-BusinessProgram-2023-FINAL-A11Y.pdf

Offeror Team: Collectively, the Offeror and its members and Subconsultants.

Open Government Laws: Collectively, the California Public Records Act (Government Code sections 7920.000, et seq.), the Bagley-Keene Open Meeting Act (Gov. Code section 11120 et seq.), and the Freedom of Information Act (FOIA) (5 U.S.C. section 552, as amended by Public Law No. 104-231, 110 Stat.

3048), and other applicable State and federal open records laws.

Person: Any individual or entity, including corporation, limited liability company, sole proprietorship, joint venture, partnership, voluntary association, trust, unincorporated organization, or governmental agency including the Authority.

Project: Property Management Environmental Services for the 171-mile Early Operating Segment of the System between the cities of Merced and Bakersfield.

Public Records Act: The California Public Records Act, Government Code sections 7920.000, et seq.

Small Business: A for-profit business concern that meets the certification requirements set forth in the California Small Business Procurement and Contract Act in California Government Code section 14837(d) and Title 2 California Code of Regulations sections 1896.4 (Definitions) and 1896.12 (Eligibility), including, but not limited to, that its principal office is located in California, its owners reside in California, it is not dominant in its field, and it has average gross annual revenue of $18 million or less over the previous three tax years. To be counted towards meeting the goals of the SB Program, a SB must be certified as such by DGS.

Small Business for the Purpose of Public Works (SB-PW): A for-profit small business that is independently owned and operated, with its principal office located in California, and with owners, officers, members/managers, partners living in California, has an average of $43 million or less in gross annual receipts over the previous three (3) tax years, is not dominant in its field of operations and has 200 or fewer employees. To be counted towards meeting the goals of the SB Program, a SB-PW must be certified as such by DGS.

Subconsultant:

a. Prior to award of the Agreement resulting from this RFQ, any Person with whom the Offeror proposes to enter into a subcontract/subagreement for any part of the Work, at any tier; or

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

b. After award of the Agreement resulting from this RFQ, any Person with whom the Consultant has entered into a subcontract/subagreement for any part of the Work, at all tiers.

c. The term Subconsultant shall include subcontractor.

System: The entire high-speed rail system as described in California Proposition 1A (2008), including Phase 1, which shall run from the San Francisco Bay Area to the Los Angeles basin, and Phase 2, which shall run from Sacramento to San Diego.

Work: All of the tasks required under the Agreement resulting from this RFQ, in the proposed form found in Attachment D, including Exhibit A (Scope of Work).

2.3 Acronyms

ACA Affordable Care Act

ACM Authority Contract Manager

ARRA American Recovery and Reinvestment Act of 2009

CalSTA California State Transportation Agency

Caltrans California Department of Transportation

CEO Chief Executive Officer or Executive Director

CEQA California Environmental Quality Act of 1970

CUF Commercially Useful Function

DGS California Department of General Services

DVBE Disabled Veteran Business Enterprise

EOS Early Operating Segment

ESG Environmental, Social, and Governance

FOIA Freedom of Information Act

FRA Federal Railroad Administration

GenAI Generative Artificial Intelligence

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

ICCTA Interstate Commerce Commission Termination Act of 1995

MB Microbusiness

NEPA National Environmental Policy Act of 1969

NTP Notice to Proceed

ODC Other Direct Cost

RFQ Request for Qualifications

SB Small Business

SB-PW Small Business for the Purpose of Public Works

SOQ Statement of Qualifications

U.S. DOT United States Department of Transportation

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

Request for Qualifications for Property Management Environmental Services

INSTRUCTIONS TO OFFERORS

3. Procurement Schedule and Process

Table 1: Key RFQ Dates

Key Dates Activity Description

December 13, 2024 RFQ advertised.

December 20, 2024 Pre-Bid conference location: Virtual. The pre-bid conference is not mandatory.

January 3, 2025 Last day to submit written questions by 5 p.m. Pacific Time.

January 10, 2025 Authority to Post Responses to Offeror Questions.

February 12, 2025 SOQs due at the address specified in Section 4.1 of this RFQ by 12 noon Pacific Time.

February 26, 2025 Invitation to Discussions sent.

March 5-6, 2025 Discussions with Offerors held virtually.

March 12, 2025 Anticipated Notice of Proposed Award.

March 19, 2025 Cost Proposal/Rate Sheet Form due from top-ranked Offeror.

March 19, 2025 Negotiation with top-ranked Offeror.

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

Request for Qualifications for Property Management Environmental Services

April 2025 Anticipated Notice to Proceed Issued.

*All dates subsequent to the SOQ submittal deadline may be modified at the discretion of the Authority without issuing a formal addendum to this RFQ.

3.1 Authority’s Designated Point of Contact

The Authority’s Designated Point of Contact for communications concerning this RFQ shall be as follows:

Richard Yost, P.E.

California High-Speed Rail Authority

770 L Street, Suite 620 Sacramento, CA 95814 Phone: (916) 324-1541

Email: PMES@hsr.ca.gov

Persons intending to submit SOQs in response to this RFQ shall not contact or discuss any items related to this process with any Authority Board member or Authority staff other than the Point of Contact listed above either directly or through intermediaries. Failure to comply with this communication prohibition may result in disqualification. See Section 3.6, Improper Communications and Contacts, for more information.

3.2 Addenda to RFQ

The Authority reserves the right to amend the RFQ by addendum before the final date of SOQ submission. It is the responsibility of the Offeror to check the California State Contract Register for all addenda.

3.3 Non-Commitment of Authority

This RFQ does not commit the Authority to award a contract, to pay any costs incurred in the preparation of an SOQ in response to this request, or to procure or contract for services or supplies. In connection with this procurement, the Authority reserves to itself all rights, which may be exercised by the Authority in its sole discretion, available to it under applicable law, including without limitation, with or without cause and with or without notice, the right to the following:

1. Cancel this RFQ in whole or in part at any time prior to the execution of a contract without incurring any cost obligations or liabilities.

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2 mailto:PMES@hsr.ca.gov

2. Accept or reject any or all SOQs and all required submittals received as a result of this RFQ.

3. Negotiate with any qualified Offeror selected for award.

4. Modify the RFQ, in whole or in part.

5. Waive informalities, immaterialities, irregularities, mistakes, and deficiencies in an SOQ; and/or permit clarifications related to such.

3.4 Property Rights

SOQs received within the prescribed deadline become the property of the Authority and all rights to the contents therein become those of the Authority. All material developed and produced for the Authority under any Agreement resulting from this RFQ shall belong exclusively to the Authority and the State of California. All products used or developed in the execution of any Agreement resulting from this RFQ will be governed in accordance with the Ownership of Data Rights and Patent Rights Sections in Attachment D, Sample Agreement.

3.5 Non-Exclusiveness of Subconsultants

Subconsultants are not precluded from being on more than one Offeror Team, subject to the provisions of Section 3.6, Improper Communications and Contacts.

There is no prohibition against Subconsultants being exclusive to one Offeror, however, exclusivity is strongly discouraged for SB/DVBE Subconsultants.

3.6 Improper Communications and Contacts

For purposes of this section, the definitions of Offeror and Offeror Team shall include potential Offerors and potential Offeror Teams as this section specifically applies to all interested parties from the date of issuance of the RFQ. The following rules of contact shall apply during this procurement that began upon the date of issuance of this RFQ and will be completed with either the execution of the Agreement resulting from this procurement, or the cancellation of the procurement. These rules are designed to promote a fair and unbiased procurement process. Contact includes, but is not limited to, face-to-face, telephone, web-based meeting platforms (including viewing/sharing information on screen), text message/SMS, facsimile, email, electronic messaging of any kind or formal written communication. Contact and communications include direct contact or direct communication and those made through an intermediary.

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

The specific rules of contact are as follows:

1. After submittal of SOQs, no Offeror, or any of its team members, may communicate with another Offeror or its team members with regard to the RFQ or any other team’s SOQ with the exception of Subconsultants that are shared between two or more Offeror Teams. In such cases, those Subconsultants may communicate with their respective team members so long as those Offerors establish a protocol to ensure that the Subconsultant will not act as a conduit of information between the teams.

Contact among Offeror organizations is allowed during Authority sponsored informational meetings. Protocols established to ensure that Subconsultants do not act as conduits of information between teams are subject to Authority review and approval, at the Authority’s discretion.

2. Offerors shall correspond with the Authority regarding the RFQ only through the Authority’s Designated Point of Contact.

3. Except for communications expressly permitted by the RFQ, or approved in advance by the Authority’s Chief Counsel in his or her sole discretion, no Offeror or representative thereof shall have any ex parte communications regarding the RFQ or the procurement described herein with any member of the Authority Board or with any Authority staff. This includes any of the Authority’s advisors, contractors, or consultants (and their respective affiliates) that are involved with the procurement.

4. Offerors shall not contact the entities listed below, including any employees, representatives, and members regarding this RFQ:

a) Federal Railroad Administration (FRA);

b) California State Transportation Agency (CalSTA);

c) California Department of Transportation (Caltrans);

d) California Department of General Services (DGS);

e) California High-Speed Rail Authority, including the Authority Board, except as provided in this RFQ; and,

f) Firms subject to Offeror Ex Parte Communications prohibitions during this procurement (Table 2).

5. The foregoing restrictions shall not, however, preclude or restrict communications with regard to matters unrelated to the RFQ, or the procurement, or from participating in public meetings with the Authority or any Authority workshop related to this RFQ.

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

6. Any communication determined to be improper, at the sole discretion of the Authority, may result in disqualification.

7. The Authority will not be responsible for any oral exchange or any other information or exchange that occurs outside the official RFQ process.

Table 2: Firms Subject to Offeror Ex Parte Communications Prohibitions During this Procurement

Firms

AECOM-Fluor Joint Venture (ie. PDS)

Cordoba Corporation

3.7 Organizational Conflicts of Interest

The use of the term “Offeror” in this section specifically applies to all interested parties from the date of issuance of the RFQ including Offerors, potential Offerors, and subconsultants. The Authority has adopted an Organizational Conflicts of Interest Policy (Policy) that will apply to this procurement and the resulting Agreement, in addition to the Authority’s Conflict of Interest Code and other applicable requirements. The Policy can be found on the Authority’s website.

Offerors are advised to carefully review the Policy, and to have their team members review the Policy, since it includes provisions that may:

1. Preclude certain firms from participation in this procurement; and,

2. Affect the ability of an Offeror, its subconsultants, and their Affiliates (as defined in the Policy) to contract with the Authority.

Failure to comply with the Policy in any respect, including the failure to disclose any actual, perceived, or potential organizational conflict of interest, may result in serious consequences as described in section V(2) of the Policy.

An organizational conflict of interest is a circumstance arising out of a Consultant’s existing or past activities (including projects outside of the Authority’s program), business or financial interest, familial relationships, contractual relationships, and/or organizational structure (i.e., parent entities, subsidiaries, Affiliates, etc.) that results in or would result in the following:

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2 https://hsr.ca.gov/business-opportunities/general-info/organizational-conflict-of-interest-policy/

i. Impairment or potential impairments of a Consultant’s ability to render impartial assistance or advice to the Authority or of its objectivity in performing work for the Authority;

ii. An unfair competitive advantage for any Offeror submitting an SOQ on an Authority procurement; or

iii. A perception or appearance of impropriety with respect to any of the Authority’s procurements or contracts, or a perception or appearance of unfair competitive advantage with respect to a procurement by the Authority (regardless of whether any such perception is accurate).

If an organizational conflict of interest is found to exist, the Authority may:

A. Disqualify the Offeror; or B. Determine that the Authority may contract with such Offeror if it is appropriate and possible to mitigate, neutralize, or avoid such conflict, which may include the addition of mitigation provisions to in the Agreement awarded.

Each Offeror shall fully disclose any actual, perceived, or potential organizational conflicts of interest in its SOQ using Form B, Organizational Conflicts of Interest Disclosure Statement. Form B shall be filled out and signed, under penalty of perjury, by the Offeror, including a separate Form B for all members if proposing as a joint venture. A separate Form B shall also be filled out and signed, under penalty of perjury, by each Offeror Team member, including all subconsultants.

Form B requires a statement, signed under penalty of perjury by the company’s executive that the company considered the Policy and performed conflicts checks prior to submitting its SOQ. The refusal to provide the required disclosure, or any additional information required, may result in disqualification of the Offeror. If nondisclosure or misrepresentation is discovered after award of the Agreement resulting from this procurement process, the Agreement may be terminated.

Note that business relationships on projects other than the California High-Speed Rail project may require disclosure if they involve consultants or contractors working on the California High-Speed Rail project.

By submitting its SOQ, each Offeror agrees that, if an organizational conflict of interest is discovered following submittal of the SOQ, including after any contract award arising out of this RFQ process, the Offeror will make an immediate and full written disclosure to the Authority that includes a description of the action taken, or proposed to be taken, to avoid or mitigate such conflicts. To the extent applicable, the Consultant is required to self-certify annually that all required organizational conflict mitigations are in place, and Authority Contract Managers will enforce and provide oversight for required conflict mitigations.

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

If an Offeror requires an organizational conflict of interest determination related to this procurement, please immediately consult the Policy and provide the required information to the Chief Counsel Alicia Fowler at Legal@hsr.ca.gov and Tawnya Southern at tawnya.southern@hsr.ca.gov, referencing the Property Management Environmental Services RFQ. The determination may take between two to four weeks from receipt of all required information and/or documents in the checklist below. To expedite the determination process, the requestor is asked to provide the following information with the request:

Organizational Conflict of Interest Checklist:

(1) A summary of each of your company’s current and former contracts with the Authority, either as a consultant or subconsultant (include project section(s), if applicable, and the current status).

(2) A brief description of the scopes of work for the above-identified contracts, including tasks, deliverables, and key roles of personnel, if applicable.

(3) A brief description of the work, tasks, deliverables, and any key roles that your company expects to perform relative to the contract resulting from this procurement. (If not yet final, please be as detailed as possible.)

(4) A statement about whether your company or principals/employees of your company had any role in the development of this procurement or scope of work.

(5) A statement about whether your company or principals/employees of your company have learned, received, or were privy to any non-public information regarding the scope of work, content or development of this procurement.

(6) Information regarding the type of entity and/or corporate make-up of your company (for example, an LLC, sole proprietorship, corporation, etc.). If applicable, include whether it is a subsidiary of another company and/or if it is owned, in whole or in part, by another consultant working on the project.

(7) If your company is planning to seek work related to other Authority procurements, provide information regarding the procurement and the scope of work your company would likely perform.

(8) Any other information and/or documents that you believe are relevant to this analysis, including information regarding other public projects your company is a part of that may impact the Authority.

Please note that the Policy does not address all applicable requirements that may affect persons and entities wishing to enter into contracts with the Authority.

Examples of such requirements include but are not limited to: (a) the California Political Reform Act and regulations promulgated by the California Fair Political Practices Commission; (b) restrictions in Public Contract Code section 10365.5

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2 mailto:Legal@hsr.ca.gov mailto:tawnya.southern@hsr.ca.gov with respect to certain contractors engaged to perform consulting services; and

(c) applicable rules of conduct established by the California Board for Professional Engineers, Land Surveyors, and Geologists.

3.7.1 Organizational Conflicts of Interest for Future Contracts

Pursuant to the Authority’s Organizational Conflict of Interest Policy, the successful Offeror may be precluded from participating on future contracts. A consultant may also request an organizational conflict of interest determination utilizing the same contact information as above for any questions that arise.

3.8 Confidentiality

All written correspondence, exhibits, photographs, reports, printed material, tapes, electronic disks, and other graphic and visual aids submitted to the Authority during this procurement process, including as part of a response to this RFQ are, upon receipt by the Authority, the property of the Authority and are subject to the Open Government Laws. None of the aforementioned materials will be returned to the submitting parties. Any materials that are delivered to FRA are subject to the Freedom of Information Act (FOIA) or other federal open records laws. Offerors should familiarize themselves with the Open Government Laws, including the Public Records Act and FOIA. In no event shall the State, the Authority, FRA, or any of their agents, representatives, consultants, directors, officers, or employees be liable to an Offeror or Offeror Team member for the disclosure of all or a portion of an SOQ submitted in response to this RFQ, or other information provided in connection with this procurement.

If an Offeror has special concerns about information that it desires to make available to the Authority, but which it believes constitutes a trade secret, proprietary information, or other information exempt from disclosure, such Offeror should specifically and conspicuously designate that information as “TRADE SECRET” or “CONFIDENTIAL” in its SOQ. Blanket, all-inclusive identifications by designation of whole pages or sections as containing proprietary information, trade secrets, or confidential commercial or financial information shall not be permitted and shall be deemed invalid. The specific proprietary information, trade secrets, or confidential commercial and financial information must be clearly identified as such. Under no circumstances, however, will the Authority be responsible or liable to the Offeror or any other party for the disclosure of any such labeled materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of the Authority or its officers, employees, contractors, or consultants. All such information shall remain subject to the Authority’s rights and obligations under Open Government Laws, including the Public Records Act and FOIA.

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

The Authority will not advise a submitting party as to the nature or content of documents entitled to protection from disclosure under the Public Records Act, FOIA, U.S. DOT FOIA regulations (49 C.F.R. section 7.17) or other applicable laws and implementing regulations, as to the interpretation of the Public Records Act or FOIA, or as to the definition of trade secret. The submitting party shall be solely responsible for all determinations made by it under applicable laws and for clearly and prominently marking each and every page or sheet of materials with “TRADE SECRET” or “CONFIDENTIAL” as it determines to be appropriate. Each submitting party is advised to contact its own legal counsel concerning the Public Records Act, FOIA, and other applicable laws and their application to the submitting party’s own circumstances. In the event of litigation concerning the disclosure of any material submitted by the submitting party, the Authority’s sole involvement will be as a stakeholder retaining the material until otherwise ordered by a court, and the submitting party shall be responsible for otherwise prosecuting or defending any action concerning the materials at its sole expense and risk. The submitting party shall reimburse the Authority for any expenses it incurs in connection with any such litigation.

3.9 Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law. By submitting an SOQ, Offeror represents that it is not a target of Economic Sanctions. Should the Authority determine Offeror is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Offeror’s SOQ any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the Authority.

3.10 The California Environmental Quality Act

By issuing this RFQ, and by entering into any resulting Agreement that mentions or refers to the California Environmental Quality Act (CEQA), Environmental Impact Report (EIR), and State environmental permitting laws/agencies and initially authorizes related work, the Authority does not: (a) waive the Authority’s rights regarding the application of the Interstate Commerce Commission Termination Act of 1995 (ICCTA), including the defense that ICCTA preempts CEQA’s application to the System; or (b) create an implied agreement that CEQA and/or such environmental permitting requirements apply to the System.

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

3.11 GenAI Disclosure Notification

The State of California seeks to realize the potential benefits of Generative Artificial Intelligence (GenAI), through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Offerors must notify the Authority in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors or other Offeror Team members.

The State of California has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Offeror, which is included in this RFQ as Cert. 12.

Failure to submit the GenAI Reporting and Factsheet (STD 1000) may result in disqualification of the Offeror.

Failure to report GenAI to the Authority may void any resulting contract. The Authority reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of an Offeror GenAI Reporting and Factsheet (STD 1000), the Authority reserves the right to incorporate GenAI Special Provisions into the final contract or reject SOQs that present an unacceptable level of risk to the Authority.

4. Submittal of the Statement of Qualifications

4.1 Statement of Qualifications Submittal Information

SOQs submitted in response to this RFQ shall be provided in electronic and hard copy formats as required by Section 5 of this RFQ. Hard copies shall be mailed or hand delivered to:

California High-Speed Rail Authority Attention: Richard Yost, P.E.

770 L Street, Suite 620 MS 2

Sacramento, CA 95814

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

The following information must be placed on the lower left corner of the submittal shipping packages:

RFQ No.: HSR24-36

California High-Speed Rail Authority

Property Management Environmental Services Statement of Qualifications

Offeror:

ONLY TO BE OPENED BY AUTHORITY’S DESIGNATED

POINT OF CONTACT

Due to building access restrictions, Offerors that will hand deliver their SOQs are requested to notify the Authority’s Designated Point of Contact identified in Section 3.1 at least 24 hours before their anticipated arrival time. Offerors that will deliver their SOQs by mail are requested to notify the Authority’s Designated Point of Contact of the expected delivery date.

4.2 Late Submittals

SOQs received after the specified date and time are considered late and will not be accepted. There are no exceptions. Postmark dates of mailing, email, and facsimile transmissions are not accepted under any circumstances and are not acceptable toward meeting the submission deadline for SOQ delivery. An SOQ is late if received any time after the date and time listed in Table 1. SOQs received after the specified time will not be considered and will be returned unopened to the Offeror. Offerors are responsible for requesting a receipt or delivery confirmation for delivery of their SOQ packages.

4.3 Modification or Withdrawal of SOQs

Any SOQ received may be withdrawn or modified before the SOQ submittal deadline by written request to the Authority that is signed by the Offeror or an authorized agent and received by the Authority’s Designated Point of Contact before the SOQ submittal deadline. An Offeror may thereafter submit a new SOQ prior to the SOQ submittal deadline. The only method for an Offeror to modify its SOQ is by withdrawing its submission in its entirety prior to the SOQ submittal deadline, by written notification to the Authority. A complete, corrected

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2 submission package may be resubmitted prior to the SOQ submittal deadline.

Modifications offered in any other manner will not be considered.

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2

STATEMENT OF QUALIFICATIONS

5. Statement of Qualifications Requirements

Offerors shall include one original and two hard copies in separate 3-ring binders contained in a sealed shipping package. The original must be clearly marked “Original” on its face and spine, and each copy must be marked with the Offeror’s name and numbered 1 through 2 on the spines. Each Offeror shall also provide an electronic version of its SOQ. The electronic copy should be submitted as a single PDF file. The PDF file should be printable, searchable, in a read-only format, and should not require a password to open or print. The file name should include the RFQ number and Offeror team name as shown below:

HSR2X-XX_JohnDoeConsulting.pdf

The file shall be submitted via cloud storage. Each Offeror should email the Authority’s Designated Point of Contact listed in Section 3.1 of this RFQ at least two Business Days before the anticipated submittal of its SOQ. The email request should include:

• Offeror’s team name;

• Offeror’s email address; and

• The RFQ number

After receipt of the Offeror’s email request, the Authority’s Designated Point of Contact will provide a link to the Offeror to upload its SOQ to a unique cloud folder. Failure to notify the Authority two Business Days in advance may cause delays in the Offeror’s receipt of an upload link and impact its ability to upload its SOQ in a timely manner.

SOQs must be received in the specified location no later than the date and time listed in Section 3, Table 1, and addressed in accordance with Section 4.1. The Authority has the discretion to work with an Offeror in the case of technical issues for electronic submittals.

The following summarizes the content and organization of the SOQs, Transmittal Letter and all required attachments, certifications, and forms. In addition to the information described below, the Authority may require confirmation or clarification of information furnished by an Offeror, require additional information from an Offeror concerning its SOQ and all required submittals, and/or require additional evidence of qualifications to perform the Work described in this RFQ. Omissions, inaccuracies, or misstatements will be sufficient cause for rejection of an SOQ.

5.1 General Requirements

The SOQ shall be typed. Forms and Certifications may be completed in ink, though providing typed Forms and Certifications is preferred. All documents

R

FQ

N O

H

S R

-3

IN

IT

IA

L R

E

LE

A S

E

2/

/2 contained in the original SOQ package must be manually or digitally signed by a person who is authorized to bind the Offeror or Offeror Team member, as applicable. All additional SOQ packages may contain photocopies of the original package. Emailed or faxed SOQs are not acceptable and will not be considered.

SOQ requirements and guidelines:

1. Documents should be prepared in single-spaced type, 12 point font, on 8- 1/2 x 11 sheets printed double-sided. Smaller font may be used for graphics labels, charts, figures, tables, and footnotes. A page is considered to be a single side of an 8-1/2 x 11 sheet. Should the Offeror wish to submit materials that benefit from larger format paper sizes such as charts, drawings, graphs, and schedules, it should do so sparingly.

Large format pages will be included in the page limit.

2. Pages should be numbered to show the page numbers and total number of pages in the response (e.g., Page 1 of 25, Page 2 of 25, etc.). Pages should be numbered at the bottom of the page.

3. The SOQ shall be no more than 25 pages in length, exclusive of the following, which are not included in the page count: the table of contents;

Transmittal Letter; Key Personnel resumes as required by Section 5.2(3);

contact information for references as required by Section 5.3.2.1;

Subconsultant letters of commitment as required by Section 5.3.2;

information on the Offeror’s environmental, social, and governance (ESG) efforts as required by Section 5.2(9); and the Forms and Certifications.

Any pages submitted in excess of the 25-page limit, starting the consecutive page count (whether numbered or unnumbered) from the beginning of the SOQ, at the 26th page, shall be removed by the Authority and not considered.