FINAL_Solicitation_9-2-25.pdf

STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF WATER RESOURCES

715 P STREET, 7th FLOOR P.O. BOX 942836

SACRAMENTO, CA 94236-0001

Rev. 05-07-2025

REQUEST FOR PROPOSAL

SECONDARY

Notice to Prospective Firms

September 2, 2025

You are invited to review and respond to this Request for Proposal Secondary (RFP) number 10200873 for Design and Implementation of a Mitigation Project. This project will allow the creation of Aquatic Resource Mitigation Credits that will satisfy the Department of Water Resources (DWR) obligations under the B.F.

Sisk Safety of Dams Modification Project Master Lake and Streambed Alteration Agreement. The anticipated term of this agreement is five (5) years. In submitting your proposal, you must comply with these instructions.

Note that all agreements entered into with the Department of Water Resources, hereinafter referred to as the “State”, incorporates, by reference, the State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at the Department of General Services (DGS) website:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

The CCC package contains clauses and conditions that may apply to your Agreement and to anyone doing business with the State of California. The Certification will be kept on file in a central location.

Inquiries regarding the processing of this proposal should be referred to Jennifer Etzler at 916-902- 6086. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation.

Sincerely, Gerald Snow

Gerald Snow Environmental Program Manager

Attachment(s)

RFP No. 10200873

TABLE OF CONTENTS

Page

Purpose and Description of Services 4

Proposing Firm Minimum Qualifications 5

Proposal Requirements and Information 6

Proposal Key Action Dates 6

Questions and Answers 6

Work Plan and Work Schedule/Technical Proposal 6

Cost Proposal Format and Requirements 12

Submission of Proposal 12

Proposal Evaluation and Selection Process 14

Tax Delinquent Status Verification 19

Generative Artificial Intelligence (GenAI) Disclosure 19

Notice of Intent to Award and Protest 20

Disposition of Proposals 21

Standard Conditions of Service 21

Payee Data Record (Std. 204) 21 Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR 9524a)

Economic Incentive Program 21

Small Business Program 22

Disabled Veteran Business Enterprise Program 24

Pending Small Business or Disabled Veteran Business Enterprise Certification Application 27

Proposal Checklist 28

Attachment I – Cost Proposal Worksheet 29

Attachment II - Proposal/Proposing firm Certification Sheet 32

Proposal/Proposing firm Certification Sheet Instructions 33

Attachment III – Proposing firm References 34

Attachment IV - Darfur Contracting Act Certification 35

Attachment V – Generative Artificial Intelligence (Gen AI) Disclosure (DWR 9834) 36

Attachment VI – Bidder Certification of DVBE Participation (DWR 9526) 37

Attachment VII- DVBE Declaration (DGS PD 843) 38

Attachment VIII – Bidder Declaration (DGS PD 05-105) 39

Attachment IX – California Civil Rights Laws Attachment 40

Attachment X – Iran Contracting Act 41

Sample Contract – Standard Agreement (Std. 213) 42

Exhibit A – Scope of Work 43

Attachment 1 –Project Location 49

Attachment 2 –Preferred Geography of Potential Aquatic Resource 50

Exhibit B – Budget Detail and Payment Provisions 51

Exhibit C – General Terms and Conditions 52 Exhibit D – Special Terms and Conditions for Department of Water Resources – Over

$10,000 Standard Payable (DWR 9544)

Attachment 1 – Recycled Content Certification Form (DWR 9557) 56

Exhibit E – Additional Provisions 58 Attachment 1 – Standard Contract Provisions Regarding Political Reform Act Compliance

Attachment 2 – Protection of Confidential and Sensitive Information 64

Attachment 3 – Non-disclosure Certificate 66

Attachment 4 – Small Business Subcontractor Payment Certification (DWR 9683) 67

A. Purpose and Description of Services

The Department of Water Resources’ (DWR’s) requires the services of a habitat mitigation contractor to develop and implement a turn-key aquatic resource mitigation project that will satisfy the compensatory mitigation objectives set forth in the Project’s Master Lake and Streambed Alteration Agreement (LSAA).

The services required to successfully complete the compensatory mitigation project include the following:

mitigation planning, land acquisition, restoration design, engineering, regulatory permitting, construction, performance monitoring, and site protection. Through this process, DWR intends to purchase turn-key aquatic resource compensatory mitigation to meet its obligations under the Master LSAA. DWR does not intend to directly purchase land and/or easements(s) or construct the mitigation site to fulfill the aquatic resource mitigation requirements. Rather, DWR seeks to have a mitigation contractor provide all services necessary to successfully complete the aquatic resources mitigation project. Based on California Department of Fish and Wildlife (CDFW) required mitigation ratios, DWR anticipates a minimum of 38.19 acres of aquatic resource restoration and enhancement will be required to satisfy its mitigation obligations. A breakdown of required mitigation by feature type is provided in Table 1, below. Note that the ideal project would be scalable and allow for potential added mitigation acreage in addition to the

38.19 acres below.

Proposers will be required to conduct the necessary technical studies, secure/acquire property or properties, prepare all planning documents, obtain all environmental approvals, as well as implement/construct the project, and conduct long-term management and maintenance activities related to the establishment of a turn-key aquatic resource mitigation project. The turn-key aquatic resource mitigation project will involve the following specific elements:

i. Preparation of site-specific compensatory aquatic resource mitigation plan for CDFW approval;

ii. Identification, evaluation, and acquisition of suitable land(s) for the mitigation project;

iii. Identification of if the prospective mitigation site is scalable since the Project is still in design and there may be an increase in the need for mitigation;

iv. Development of required draft and final restoration design, engineering, and construction documents;

v. Preparation of California Environmental Quality Act/National Environmental Policy Act (CEQA/NEPA) environmental clearance documentation and supporting materials as needed;

vi. Preparation of local, state, and federal regulatory permit applications and supporting documentation as needed for mitigation project authorization (e.g., US Army Corp of Engineers (USACE), US Fish and Wildlife Services (USFWS), Regional Water Quality Control Board (RWQCB), and CDFW);

vii. Preparation of required documents for long-term mitigation site management and protection in accordance with CDFW’s Habitat Management Land Property Review and Protection Checklist (6/1/2023);

viii. Implementation and construction of the aquatic resource mitigation project;

ix. Performance monitoring and associated reporting; and

x. Implementation of management and maintenance actions to ensure long-term success of the mitigation project such that a minimum of 38.19 aquatic resource mitigation credits are transferred to DWR.

Table 1. Mitigation for Project Impacts to CDFW-Jurisdictional Aquatic Resources

Aquatic Resource Feature Type Target Mitigation (AC)

Stream 31.59

Lake 1.20

Wetland 5.40

Total 38.19

B. Proposing Firm Minimum Qualifications

1. DWR has determined that Proposers responding to this solicitation must comply with Disabled

Veteran Business Enterprise (DVBE) Program participation requirements. Proposers must complete and submit the following forms: Attachment VI, Bidder Certification of DVBE Participation (DWR 9526), Attachment VII, DVBE Declaration (DGS PD 843); Attachment VIII, Bidder Declaration (DGS PD 05-105) and DVBE subcontractor(s) Department of General Services Office of Small Business and Disabled Veteran Business Enterprise Services (DGS/OSDS) certification(s). Failure to fulfill the DVBE requirement will render your bid non-responsive and shall be cause for bid rejection.

2. Proposers must complete and submit Attachment III, Proposing Firm References. Three (3) references for services performed within the last five (5) years must be provided. References should include experience with the specific services called for in Exhibit A, Scope of Work,

3. Proposers must submit documentation proving possession of available resources which include qualified personnel, as well as the necessary equipment to successfully complete the project.

Proposers must also include successful experience in developing and completing agency-approved aquatic resource restoration and mitigation projects in California’s Central Valley including all aspects of planning, permitting, design, engineering, construction, monitoring, and long-term management. This experience may be derived from permittee-responsible (turn-key) mitigation projects or development of aquatic resource mitigation banks.

4. Proposers must submit a copy of a Deed or other legal document(s) proving site ownership or sufficient control of the land(s) proposed for the aquatic resource mitigation project, see page 9, Section C.4.i.1 - Demonstration of Site Ownership or Site Control.

5. The proposed aquatic resource mitigation project must be within the region defined in Exhibit A, Attachment 2.

6. Proposers must possess and submit a valid Class A License (General Engineering) issued by the California Department of Consumer Affairs, Contractors State License Board.

7. Additional licenses, certificates and financial records not required with the bid but must be provided, as requested during the Service Request. These may include trade, professional, or business documents, licenses and registrations.

C. Proposal Requirements and Information

1. PROPOSAL KEY ACTION DATES

All proposing firms must adhere to the following time schedule.

RFP available to prospective proposing firms on September 2, 2025 Technical questions must be submitted by September 16, 2025 at 3:30pm Answers to technical questions will be disseminated by September 19, 2025 by 4:00pm Proposals must be received by October 10, 2025 by 3:30pm Anticipated start date of agreement is December 1, 2025

2. LOCATION WHERE WORK WILL BE PERFORMED:

The compensatory aquatic resource mitigation shall occur within a geographic region that has similar ecological, hydrological, and landscape characteristics as that of the Project site, Exhibit A, Attachment 2, A preferred area was developed using United States Geological Survey (USGS) Hydrologic Unit Code (HUC) watershed boundary data for the area encompassing the Project site and adjacent lands located in Merced, Stanislaus and Fresno counties. Watershed boundaries for three HUC 8 watersheds (Lower San Joaquin River, Middle San Joaquin-Lower Chowchilla, and Upper Dry Creek) were incorporated to encompass the foothills of the interior Coast Range (on the west) and lands extending east to the San Joaquin River. A one (1) mile wide buffer tracking the San Joaquin River’s eastern bank was also incorporated to encompass potential aquatic resource mitigation opportunities within the river’s floodplains and riparian areas. The southernmost extent of the region was refined using more detailed HUC 10 watershed boundary information to ensure continuity in environmental conditions and landscape setting in this subregion with the other lands identified to the north.

3. QUESTIONS AND ANSWERS

Technical questions must be submitted in writing to jennifer.etzler@water.ca.gov and received by DWR on or before September 16, 2025 at 3:30pm. DWR will provide answers in writing to all potential proposing firms by September 19, 2025 at 4:00pm.

4. WORK PLAN AND WORK SCHEDULE/TECHNICAL PROPOSAL REQUIREMENTS

1. Proposing entities will develop a work plan and schedule for completion of each task listed in the

Scope of Work (Exhibit A) and will fill in Attachment I, Cost Proposal Worksheet, after carefully reviewing the Scope of Work (Exhibit A).

2. Proposing entities will need to include the following information with proposal submission in addition to the work plan, schedule, cost proposal worksheet, and document requirements listed in the Proposal Checklist:

A. Proposed Project Name: Use a short name based on a geographic feature if possible.

B. Project Contacts: Include the name, address, phone, and email for each: Project Lead, Landowner, Consultant, or other party directly involved in the project.

C. Qualifications: Provide qualifications of the Project Lead to successfully complete the proposed project, including information describing any similar activities by Project Lead. Also provide a list of key project personnel who will be working on the project. Include a Statement of Qualifications that will explain titles, roles, responsibilities, and qualifications.

D. Project Description. Provide a project description including a work plan, schedule, and budget for completion of tasks listed in Cost Proposal Worksheet (Attachment I) and the Scope of Work (Exhibit A). Proposed projects must include detailed justification for meeting each of the rating/scoring criteria, including an estimation of proposed available acreage credits. Explain where the services will be provided and what type of equipment and other resources are needed to perform the services. The level of planning and analysis included in a proposal should be commensurate with the size and complexity of the proposed project.

E. Project Objectives/Conceptual Plan. Provide the objectives of the project and activities and methods for establishing, restoring, rehabilitating and/or preserving aquatic resource habitat in compliance with Master LSAA No. 1600-2021-0005-R4. The plan will:

1. Describe how the Project will be established and operated, including the proposed ownership arrangements, long-term management strategy, and any phases planned (include description of phases, boundaries, and target aquatic resources);

2. Describe ecological suitability of the site to achieve the objectives of the Project (i.e.

watershed/hydrology analysis, soils, topography, land elevations, compatibility with adjacent land uses, watershed management plans and water rights/access);

3. Describe the project site design, including information and maps depicting the proposed site plan and future conditions;

4. Include maps detailing the anticipated location, acreages, and estimated forecasted credits of aquatic resources;

5. Include historic aerial photographs and/or available historic topographic maps;

6. Briefly discuss the proposed Project’s compatibility with adjacent property land uses including known present and proposed zoning designations;

7. Include proposed performance standards and monitoring methods for assessing how the objectives of the Project will be met.

F. Preliminary Biological Resources Assessment. Describe the biotic and abiotic baseline of the proposed Property and include descriptions of the following with maps:

1. Project geographic location and features, including topography, hydrology, soils, and vegetation;

2. Current functions and services of aquatic resources;

3. Description of vegetation communities, potential presence of federally threatened or endangered species, and/or their habitats, state-listed threatened and endangered species and other species of special concern;

4. Identify past and present land uses, including grazing practices.

G. Permits and Approvals. Provide a list of federal, state, and local permits or other approvals required for construction and operation of the Project. Include a brief regulatory compliance strategy that identifies the status of each of the federal, state, and local permitting requirements, agency consultations, and environmental review that will likely be necessary to implement the proposed project, and the anticipated schedule for fulfilling all these requirements.

H. Maps and Exhibits. Provide the following:

1. Site Location Map showing address of the proposed Project Property and access route(s);

2. General vicinity/location map;

3. Accurate current map of the proposed Project Property on a 7.5-minute USGS map showing proposed boundaries of the project;

4. Color aerial photographs that reflect current conditions on proposed Project Property and surrounding properties;

5. Surrounding Land Use Maps depicting the uses of other lands in the vicinity of the proposed Project Property;

6. Assessor’s Plat Map;

7. Utility Map identifying the locations of recorded documents in the preliminary title report, including wells, utility lines/poles, pipelines, and other utility-related data;

8. Copies of any water rights and related reporting.

I. Real Estate Records and Assurances. Prospective proposing entities must submit the documents which sufficiently address each of the Sections 1-7 below. Failure to provide the following documents and demonstrate that there are no site constraints that would prohibit successful implementation of the proposed mitigation project may disqualify the project site from consideration.

1. Demonstration of Site Ownership or Site Control. Proposing entities must document site control and ability to implement the proposed project by providing documents and/or supporting materials indicating sufficient ownership or control of the proposed mitigation site and ownership of aquatic resource creation, restoration, or enhancement rights. This requirement may be met by submitting one of the following documents:

a. Recorded Grant Deed vesting fee title of proposed mitigation project site in the name of the Proposing Entity, or a partner of the proponent and a Final Policy of Title Insurance issued by a Title Company authorized to issue title insurance within the State of California.

b. Recorded Irrevocable Offer to Purchase or Option Agreement between the Proposing Entity and fee title owner(s) of the proposed Project Property guaranteeing Proposing Entity’s ability to purchase the proposed mitigation project site. Prior to receiving any payment as part of Task 1, the Proposing Entity must close escrow and provide a Final Policy of Title Insurance issued by a Title Company authorized to issue title insurance within the State of California.

c. Other documentation. Purchase and Sale Agreement, Term Sheet, and related documentation which establish the Proposing Entity’s ownership of aquatic resource creation, restoration, or enhancement rights executed with the current owner(s) of the proposed Project Property. Prior to receiving any payment as part of Task 1, the Proposing Entity must close escrow and provide a Final Policy of Title Insurance issued by a Title Company authorized to issue title insurance within the State of California.

2. Access. Proposing entities will need to identify and describe access to the proposed

Project Property.

3. Preliminary Title Report. Provide a current preliminary title report prepared by a title company authorized to issue title insurance within the State of California. The preliminary report shall be dated within three (3) months of the RFP package submittal. The electronic version of the preliminary report will contain hyperlinks to:

a. All recorded encumbrances to title, and

b. Each recorded map, deed, and survey listed in the property’s legal description.

The area covered by the preliminary report (i.e. its legal description), should be that of the proposed mitigation Project Property.

Preliminary report updates in support of the DWR review process may be required (e.g.

upon resolution of title issues, correction of errors). Timing of required updates will be as directed by DWR staff. At a minimum, proposing entities will be required to provide an updated preliminary report dated within three (3) months that identifies the Proposing Entity (or a partnering entity) as the fee owner of the property.

4. Record Documents. Provide legible copies of all recorded documents listed in the preliminary title report including vesting documents, deeds, liens, easements, quit claims, purchase contracts, real estate agreements, leases, and other legal documents (e.g.

irrevocable offers, lis pendens, life estates) affecting the proposed Project Property. In addition, provide copies of all proposed Project Property recorded and unrecorded documents affecting title (i.e. these could be documents that were not identified or not considered as exceptions to coverage by the title company).

5. Property Assessment and Warranties. Proposing Entity(s) will covenant, represent, and warrant each of the following:

a. The Project Property’s suitability for aquatic resources mitigation purposes.

b. The Project Participants have no knowledge or notice of potential encumbrances or can fully describe how they intend to extinguish or address any potential encumbrances on title (as discussed below) to ensure that the Proposed Project is consistent with aquatic resource mitigation purposes and the recording of a conservation easement:

1. Any legal or other restrictions or potential restrictions on the use of the Project Property for aquatic resources mitigation purposes.

2. Any legal or other restrictions or potential restrictions that affect the Project Property’s aquatic resources values; or

3. Any legal or other restrictions or potential restrictions that may adversely affect title to the proposed project site or interfere with the establishment of a conservation easement. Examples include, recorded or unrecorded liens, encumbrances, or interests listed in the preliminary title report (e.g. pipelines, utilities, severed mineral rights, Williamson Act, and conservation easements).

c. That the landowner of the Project Property has not granted any options on the Project

Property or committed or obligated to sell the Project Property or any portion thereof to a third party.

d. That, as of the date the project proposal is submitted, the Project Property is not and will not be subjected to any additional liens, deeds of trust, leases, encumbrances, covenants, conditions, easements, rights of way, or similar obligations;

e. That there are no permanent unrecorded leases, licenses, or other agreements granting a third party the right to use or occupy any portion of the property, including the right to erect improvements thereon, that would interfere with or restrict the ability to implement mitigation project.

f. That there are no improvements on the Project Property that encroach upon the property of a third party.

g. That the Project Property has not been used as mitigation for a previous project(s);

h. That the Project Property has not been designated or dedicated for passive park or open space use where that use is generally incompatible with sustaining biological values.

i. That the Project Property has not been designated for purposes that are inconsistent with aquatic resources preservation (e.g. lands purchased for roads, landfills).

j. That the Project Property has not been acquired by a public entity (e.g. with State Bond Act funds) or provided to a jurisdiction for park or natural open space purposes.

This criterion includes land purchased by state and local agencies specifically for the purposes of mitigation restoration, enhancement and/or preservation or any lands acquired with funds expressly precluding the use of funds for mitigation, unless the project sponsor can demonstrate through written documentation of a waiver or permission from the funding and/or authorizing entity.

6. Mineral Rights. Provide details, including ownership information, on surface and subsurface mineral rights. Severed mineral rights and third-party rights to access the surface of the Project Property are inconsistent with habitat restoration and may disqualify a proposed mitigation project site from consideration. Proposing entities will need to identify the owner(s) of the mineral estate and demonstrate an ability to either own or control the mineral estate of a proposed mitigation project site or demonstrate the likelihood of future surface mining and/or natural gas extraction to be “so remote as to be negligible” for projects to be considered for approval.

a. If the mineral estate is not severed from the fee estate, the Proposing Entity will obtain and submit a Letter Report, Memo Report, or other document from a suitably qualified entity skilled at preparing and processing documents related to oil and gas or other related minerals. The Letter Report will be signed and on letterhead, and (i) provide a professional opinion as to whether or not the mineral estate is severed from the fee estate; (ii) discuss any active or inactive (or expired) oil gas leases on the proposed mitigation project site both recorded and unrecorded; and (iii) discuss any documents or other records related to past oil and gas exploration on the proposed mitigation project site.

If the mineral estate is severed from the fee estate, the Proposing Entity will submit either a surface waiver or both of the following: a Mineral Report from a suitably qualified entity skilled at preparing and processing documents related to oil and gas and a Mineral Remoteness Evaluation prepared by a licensed professional geologist.

b. Mineral Reports will identify the current owner(s) of the mineral estate and their percentage of ownership and include a chain of title analysis including all supporting documents from the date the mineral estate was severed to the present-day owners.

The Mineral Report will also include copies of active or inactive (or expired) oil gas leases on the proposed mitigation project site both recorded and unrecorded. To obtain maximum possible scoring during initial submittal review, proposing entities should initiate contact with the mineral right owners and attempt to clear any expired leases with oil and gas companies from the mineral report.

c. Mineral Remoteness Evaluations will be prepared in accordance with common industry practices and signed and stamped by a licensed professional geologist. The Mineral Remoteness Evaluation should identify the likelihood of future surface mining and/or natural gas extraction to be “so remote as to be negligible” for projects to be considered for potential selection.

If the Mineral Remoteness evaluation does NOT conclude that future surface mining and/or natural gas extraction is “so remote as to be negligible,” then proposing entities are required to control the mineral estate at the discretion of DWR. Control of the surface can be demonstrated by providing executed surface waivers with each of the owner(s) of the mineral estate which restricts access to the uppermost 500 feet of the proposed mitigation project site.

Water Rights. Proposing entities will need to demonstrate and provide assurance of sufficient water rights to support the long-term sustainability of the proposed project.

J. Environmental Site Assessments

Phase I Environmental Site Assessment (ESA). The presence of breached containers of a hazardous substance, including hazardous waste, on or in the vicinity of a proposed property on which DWR seeks to establish aquatic resource mitigation credits for, may disqualify a proposed mitigation project site from consideration. As the liability for involvement in a hazardous substance cleanup can be extensive, it is critical that such sites be identified.

Failure to provide the documents listed below and demonstrate that there are no site constraints that would prohibit successful implementation of the proposed mitigation project may disqualify the project site from consideration.

Proposing entities will submit to DWR a Phase I ESA for review by an environmental professional as part of the initial submittal. The Phase I ESA will be completed in conformance with the scope and limitations of the American Society for Testing and Materials (ASTM) E1527-05, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” and the requirements set forth in Title 40, Part 312, of the Code of Federal Regulations.

The Phase I ESA will include the following four components:

1) Records review,

2) Site reconnaissance,

3) Interviews, and

4) The report.

If the results of the Phase I ESA indicate a Phase II ESA and/or Phase III remediation is warranted, Proposing Entity(s) should submit the results of Phase II and/or Phase III remediation.

5. COST PROPOSAL FORMAT AND REQUIREMENTS

The proposing firm will use the attached Cost Proposal Worksheet (Attachment 1) to provide their cost proposal. The Cost Proposal Worksheet will be submitted in the same envelope as the cost proposal.

6. SUBMISSION OF PROPOSAL

a. Proposals must be submitted by United States Postal Services (USPS) mail, hand delivery, United

Parcel Service (UPS), express mail, or Federal Express to:

i. Proposals by USPS must be submitted to:

Department of Water Resources Attn: Jennifer Etzler

715 P Street, 5th Floor Sacramento, California 95814

ii. Proposals by hand delivery, must be submitted to Contract Specialist Jennifer Etzler on or before the bid due date and time. Please coordinate a day and time via phone 916-902-6086 or e-mail jennifer.etzler@water.ca.gov.

iii. Proposals submitted by UPS, express mail, or Federal Express must be addressed to:

Contract Services

Attn: Jennifer Etzler 715 P Street, 5th Floor

Sacramento, California 95814

a) Proposals should provide straightforward and concise descriptions of the proposing firm’s ability to satisfy the requirements of this RFP.

b) If the proposal is made under a fictitious name or business title, the actual legal name of the proposing firm must be provided.

c) Due to limited storage space, the proposal package should be prepared using the least expensive method (i.e. cover page with staple in upper left-hand corner, no fancy bindings).

d) All proposals must include original signatures on the following documents:

Proposal/Proposing firm Certification Sheet and any other documents specified in the Proposal Checklist.

e) Proposals not including the documents identified in the Proposal Checklist shall be deemed non-responsive and will be rejected.

f) All proposals are to be sent to DWR within the time frame indicated in the Time Schedule.

Proposals received after the due date and time will be returned unopened to the prospective proposing firm.

g) All proposals must be submitted under sealed cover. The sealed cover must contain all documents listed in the Proposal Checklist. The outside of the sealed cover must be plainly marked with the RFP title and number, must show your firm’s name and address, and must be marked with “DO NOT OPEN.”

h) Proposals not submitted under sealed cover will be rejected. A minimum of two signed proposals must be submitted. One proposal must be submitted in hardcopy. One proposal must be submitted in an electronic format (Word and/or PDF File) on a USB Drive. Both proposals must be signed and submitted in the same envelope. USB Drives can be returned at the request of the proposing firm once the solicitation is concluded.

i) Proposals not submitted under sealed cover will be rejected. A minimum of two original signed proposals must be submitted. Both proposals must be submitted in the same envelope.

j) Proposals must be submitted for the entire service described within the Scope of Work.

Deviations from the specifications will not be considered and will be cause for rejection of the proposal.

k) The State does not accept alternate language from a proposing firm. A proposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

l) A proposal may be rejected if conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may waive any immaterial deviation in a proposal. The State's waiver of immaterial defect shall in no way modify the RFP document or excuse the proposing firm from full compliance with the objectives if awarded the Agreement.

m) Costs for developing proposals and preparation of award of the Agreement are entirely the responsibility of the proposing firm and shall not be chargeable to the State of California.

n) This RFP must be signed by an individual who is authorized to bind the proposing firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal will be rejected.

o) A proposing firm may modify a proposal after its submission by withdrawal and resubmission before the proposal due date. Modification of a proposal offered in any other manner, oral or written, will not be considered.

p) A proposing firm may withdraw their proposal by submitting a written request to the State for its withdrawal, signed by the proposing firm or an agent authorized in accordance with paragraph p above. A proposing firm may thereafter submit a new proposal before the proposal submission deadline. Proposals may not be withdrawn after the proposal due date. Proposals received after the due date and time will be returned unopened to the prospective proposing firm.

q) DWR may modify the RFP prior to the date fixed for submission of proposals by the issuance of an Addendum to all parties who received a proposal package. This Addendum will also be posted on the State’s eProcurement website found at www.Cal eProcure.com.

r) If all proposals are too high, DWR is not required to award an Agreement.

s) The State may reject all proposals if deemed necessary.

t) The proposals submitted, including costs, will become public when DWR has completed its evaluation and announces the responsible proposer who has been given the highest score.

u) Proposing firms are cautioned not to rely on the State during the evaluation to discover and report all defects and errors in the proposal documents. Proposing firms should carefully proof read documents for errors and adherence to the RFP requirements prior to proposal submittal.

v) Where applicable, the proposing firm should carefully examine the worksite and specifications. Proposing firm shall investigate the conditions, character, quality of surface, subsurface materials, or obstacles to be encountered. No additions to the Agreement amount will be made because of failure to thoroughly examine the worksite and specifications.

w) More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any proposing firm has submitted more than one proposal for the work contemplated herein will cause the rejection of all proposals submitted by that proposing firm. If there is reason for believing that collusion exists among the proposing firm, none of the participants in such collusion will be considered in this or future procurements.

7. EVALUATION AND SELECTION PROCESS

a. The State will put each proposal through a process of evaluation to determine the responsiveness of proposing firms to the State's needs. The final selection will be made on the basis of the highest scoring proposal meeting the specifications.

b. Proposals containing false or misleading statements or providing references that do not support an attribute or condition claimed by the proposing firm may be rejected. If, in the opinion of the State, information was intended to mislead the State in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, it will be the basis for rejection of the proposal.

c. If there are tied proposals, DWR will draw straws to pick the winning proposing firm. The drawing will be witnessed and documented by two or more DWR employees.

d. The evaluation process will consist of three phases.

i. In Phase One, proposals are reviewed to ensure that all documentation has been submitted in compliance with the requirements of this RFP. DWR will review all of the following documents to determine that each is enclosed and properly completed. Failure to meet these administrative requirements shall cause a proposal to be deemed non-responsive and therefore ineligible for the next step of the RFP evaluation process.

1. Cost Proposal Worksheet (Attachment I)

2. Proposal/Proposer Certification Sheet (Attachment II)

3. References (Attachment III)

4. Darfur Contracting Certification (Attachment IV)

5. California Civil Rights Laws (Attachment IX)

6. Iran Contracting Act (Attachment X)

7. Small Business Certification (when applicable)

8. Completion of DVBE compliance documentation or Completion of DVBE

Incentive documentation DWR 9526 (Attachment VI)

a) Bidder Certification of DVBE Participation-Page 2 of DWR 9526

(Attachment VI)

b) DVBE Declaration – DGS PD 843 (Attachment VII)

c) Bidder Declaration – DGS PD 05-105 (Attachment VIII)

d) DVBE Certification from DGS/OSDS

e) DWR SB/DVBE Program Manager’s Notification of Compliance (if obtained in advance)

9. Work Plan and Work Schedule/Technical Proposal

10. Resumes for all personnel

11. Proof of General Engineering Contractors License – Type A

ii. Phase Two will consist of an evaluation of the Work Plan and Work Schedule/Technical

Proposal based on the criteria and scoring method described below.

Rating/Scoring Criteria Maximum Possible Points

1. Professional qualifications, experience, and demonstrated competence of the Contractor in relation to the specific services called for in Exhibit A, Section I - Description of Services.

2. Quality, reasonableness, and viability of Contractor’s work plan/technical proposal to meet DWR’s aquatic resource mitigation objectives.

3. Confirmation that the proposed project is located within the geographic region described the Scope of Work.

4. Demonstration of site ownership or sufficient site control through submittal of required documentation as described on page 9, section C.4.i.1, page 9 - Demonstration of Site Ownership or Site Control

5. Nature and quality of Contractor’s prior work involving site selection, planning, design, engineering, permitting, and implementing turn-key aquatic resource mitigation projects.

6. Resumes that demonstrate experience and qualifications of Contractor’s key personnel to be assigned to each of the specific tasks/elements identified in Exhibit A, Section I - Description of Services.

7. Reliability of the Contractor and capacity/availability of proposed personnel and any proposed subcontractors on the team.

8. Availability and depth of Contractor’s resources to meet DWR’s needs, including ability to adequately service multiple projects concurrently.

9. Demonstrated specialized experience with delivery of turn-key aquatic resource mitigation projects and proposed timeline/schedule for completing each element of the proposed project.

10. Results of communications with Contractor’s identified references regarding prior performance on similar projects and other information provided by references deemed pertinent to the evaluation process.

11. Cost Proposal 30 Total Possible Points 100

The DWR Evaluation Team will score the submittals using the point system below to evaluate the quality of each proposal. For example, for Scoring Criteria 1, “Professional qualifications, experience, and demonstrated competence of the Contractor,” if a proposing firm’s response is considered “Excellent,” it will receive 4.5 points. The same approach will be used for all categories.

Percentage of

Maximum Points Description

Non-Compliant 0%

Fails to address the component or the proposing firm does not describe any experience related to the component.

Poor 30%

Minimally addresses the section, but one or more major considerations of the component are not addressed, or so limited that it results in a low degree of confidence in the proposing firm’s response.

Fair 70%

The response addresses the section, but minor considerations may not be addressed. Acceptable degree of confidence in the proposing firm’s response.

Good 80%

The response fully addresses the section and provides a good quality solution.

Good degree of confidence in the proposing firm’s response.

Excellent 90%

All considerations of the section are addressed with a high degree of confidence in the proposing firm’s response.

Outstanding 100%

All considerations of the section are addressed with the highest degree of confidence in the firm’s response or proposed solution. The response exceeds the requirements in providing a superior experience and creative approach.

Proposing firms shall submit their Cost Proposals on the attached Cost Proposal Worksheet (Attachment I). If no proposal contains a Cost Proposal, which in the opinion of DWR is a reasonable price, DWR is not required to award a contract (Public Contract Code section 10344(d)). Each firm’s Cost Proposal score will be based on the ratio of its total cost to the total cost associated with the lowest responsive proposal multiplied by the maximum number of cost points. The Cost Proposal score will be rounded to the nearest whole integer. An example of this calculation is shown below:

Lowest Firm’s Total Cost x 30 = Bidder’s Cost Score Firm’s Total Cost

Cost Score Sample

Firm Total Cost Proposal

Calculation Cost Proposal Score (Rounded to nearest tenth)

A $175,000 $100,000 (Bidder B) X 30 $175,000 (Bidder A)

iii. In Phase Three, Small Business (SB) Preferences and DVBE Incentive calculations will be completed as necessary prior to contract award. The application of the SB Preference and DVBE Incentives may result in the displacement of a previously high scoring firm.

1. Proposing firms that are SB certified by DGS/OSDS may receive a five percent

(5.0%) preference calculation. The SB Preference will be calculated by factoring five percent (5.0%) of the highest scored points and adding those points to that of the certified SB.

Example: High Score: 95 points SB Score: 91 points

95 x 0.05 SB preference = 4.75 points

SB Score: 91 points SB Points: 4.75 points

95.75 points

In the example above, the SB would achieve a high point score and be in line for contract award.

2. The DVBE Program Incentive is applied during Phase Three and may result in the increase of a firm’s total points, placing them in line for award. Application of the DVBE Incentive is based on the number of total possible points specified.

The following example is based on 100 total possible points:

Confirmed DVBE Participation Possible Points Calculation 5.0% and Over 5.0% X 100 = 5 Points 4.0% - 4.99% inclusive 4.0% x 100 = 4 Points 3.0% - 3.99% inclusive 3.0% x 100 = 3 Points 2.0% - 2.99% inclusive 2.0% x 100 = 2 Points 1.0% - 1.99% inclusive 1.0% x 100 = 1 Point

a) Once all proposals are evaluated for the factors indicated under the

Rating/Scoring Criteria above, the DVBE Incentive will be calculated and those points will be factored into the total points of those firms with lower scores that have identified DVBE participation levels as outlined in the above table. The points applied may result in a firm achieving high points placing them in line for the solicitation award.

b) A SB firm may be displaced by another firm achieving higher points as a result of the DVBE Incentive application.

c) An Evaluation Committee shall conduct the scoring and review the results submitted.

B $100,000 $100,000 (Bidder B) X 30 $100,000 (Bidder B)

C $150,000 $100,000 (Bidder B) X 30 $150,000 (Bidder C)

d) Only firms that are certified as an SB by DGS/OSDS, receive a five percent (5.0%) preference. The preference is applied by the Department before the contract is awarded.

3. DVBE Incentive Application – Allowable Incentive Amounts

a) When the DVBE program is a required component of the solicitation, the minimum acceptable commitment level is three percent (3.0%). Incentive amounts applied begin at three percent (3.0%) and will not exceed five percent (5.0%).

b) When the Department waives DVBE program compliance from a solicitation, a responding firm’s DVBE participation is optional. Firms proposing DVBE participation are eligible to receive a DVBE incentive calculation from one (1) to five percent (5.0%). The incentive applied will be at the level of proposed DVBE commitment.

Example scale using high score method:

Available points example using sliding scale:

Administrative: 200 points Technical proposal: 400 points Cost proposal: 600 points Total: 1200 points

In the example above, there are 60 maximum DVBE Incentive points possible.

Example results using high score method:

Proposing Firm A B C

Responsive/Responsible Yes Yes Yes

Total Points 1050 1155 1125

Eligible Preference SB None SB

SB Preference points achieved

57.75 0 57.75

Points Subtotal 1107.75 1155 1182.75

Rank 3 2 1

DVBE Participation No (0%) Yes

(5.0%) Yes (2.0%)

Confirmed DVBE Participation Possible Points Calculation:

1.0% - 1.99% inclusive 1.0% X 1200 = 12

2.0% - 2.99% inclusive 2.0.0% X 1200 = 24 3.0% - 3.99% inclusive 3.0% X 1200 = 36 4.0% - 4.99% inclusive 4.0% X 1200 = 48 5.0% and Higher 5.0% X 1200 = 60

Incentive Points Applied None 60 24

Adjusted Points 1107.75 1215 1206.75

New Rank 3 1 2

4. Order of Evaluation

a) SB Preference is calculated by multiplying the highest total points achieved by 5% and adding the resulting calculation to the total points of the SB firm.

In this sample the calculation was based on 1155 points x .05 resulting in

57.75 additional points added to the certified SBs (A and C).

b) DVBE Incentive Points are factored by multiplying the DVBE participation (%) identified by the total possible points that could be awarded (1200). This amount is then added to the firm’s total points. In the sample above, Firm B had 60 additional points added (.05% x 1200 total points available) to their total points placing them first for award. Firm C received 24 Incentive points, but this was not enough to place them first for award.

c) Under the High Score Method, it is possible to displace a high point Certified

SB with the Application of the DVBE Incentive.

8. TAX DELINQUENT STATUS VERIFICATION

a. Effective July 1, 2012 Public Contract Code 10295.4, requires state agencies to verify the tax delinquent status of bidders responding to state solicitations.

b. At the time of bid evaluation, prior to contract award and execution, the State will verify all proposing firms and identified subcontractors as not listed as tax delinquent by the Franchise Tax Board and the California Department of Tax and Fee Administration. Any proposing firms or subcontractor listed as tax delinquent shall result in a proposal rejection and will not be considered for contract award. Proposing firms wanting further clarification can refer to the statute above or to the web sites listed below for additional information.

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

Franchise Tax Board – Top 500 Delinquent Tax Payers https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

9. GENERATIVE ARTIFICIAL INTELLIGENCE (GEN AI) DISCLOSURE

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

b. Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

c. Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

d. Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

e. Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

10. NOTICE OF INTENT TO AWARD AND PROTEST

a. A Notice of Intent to Award will be posted on Cal eProcure for five (5) business days. All proposing entities will be officially notified via Cal eProcure that the Notice of Intent to Award is posted.

b. Public inspection of all proposals and score sheets will be allowed after the Notice of Intent to Award has been posted.

c. Contracts shall be awarded only after a Notice of Intent to Award has been posted in a place accessible by the general public, including any internet site identified in this RFP, for five (5) business days.

d. Prior to the award, a proposing firm who claims he/she would have been eligible for the award of the contract, may protest the proposed award if DWR had scored his or her proposal correctly or if DWR had correctly followed the procedures specified in the Public Contract Code.

e. A protestant must meet the burden of proof that DWR has committed a material error in the conduct of the proposal award process.

f. Within five business days of filing the protest, the protestant must submit a detailed written statement of protest if the original protest did not contain the complete grounds for the protest.

g. Both the original protest and/or the detailed statement of protest, if any, must include the RFP number, the name of the State Agency involved, agency contact person, and protestant’s fax number, if…