HSR15-129_RFQ_ROW_Engineering___Survey_Support_Services.pdf

Request for Qualifications for Right-of- Way Engineering and Survey Support

Services

RFQ No.: HSR15-129

March 18, 2016

California High-Speed Rail Authority RFQ No.: HSR15-129

Page i of iii Request for Qualifications for Right-of-Way Engineering and Survey Support Services

Table of Contents

INTRODUCTION AND PURPOSE OF SOLICITATION

1.0 CALIFORNIA HIGH-SPEED RAIL AUTHORITY

2.0 PURPOSE AND OVERVIEW OF RFQ

2.1 DEFINITIONS

2.2 ACRONYMS

INSTRUCTIONS TO OFFERORS

3.0 PROCUREMENT SCHEDULE AND PROCESS

3.1 AUTHORITY’S DESIGNATED POINT OF CONTACT

3.2 Addenda to Request for Qualifications

3.3 Non-Commitment of Authority

3.4 Property Rights

3.5 Improper Communications and Contacts

3.6 ORGANIZATIONAL CONFLICTS OF INTEREST

3.7 CONFIDENTIALITY

3.8 THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

4.0 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

5.0 BACKGROUND FOR THE RFQ

6.0 STATEMENT OF QUALIFICATIONS REQUIREMENTS

6.1 GENERAL REQUIREMENTS

6.2 TRANSMITTAL LETTER

6.2.1 MINIMUM QUALIFICATIONS

6.3 EXECUTIVE SUMMARY

6.4 CONTENTS OF THE SOQ

6.4.1 PAST PERFORMANCE AND EXPERIENCE

6.4.1.1 REFERENCES

6.4.2 ORGANIZATION AND KEY PERSONNEL

6.4.2.1 STAFFING PLAN

RFQ No.: HSR15-129 California High-Speed Rail Authority

Page ii of iii

6.4.2.2 KEY PERSONNEL AND ROLES

6.4.3 UNDERSTANDING OF PROJECT ELEMENTS AND REQUIREMENTS

6.4.4 SMALL BUSINESS PARTICIPATION

7.0 EVALUATION AND NEGOTIATION

7.1 STATEMENT OF QUALIFICATIONS REVIEW

7.2 STATEMENT OF QUALIFICATIONS

7.3 DISCUSSIONS EVALUATION

7.4 FINAL SCORING

7.5 CONTRACT NEGOTIATION PROCESS

7.6 UNSUCCESSFUL OFFERORS

8.0 PROTEST PROCEDURES

8.1 APPLICABILITY

8.2 REQUIRED EARLY COMMUNICATION FOR CERTAIN PROTESTS

8.3 DEADLINES FOR PROTESTS

8.4 CONTENT OF PROTEST

8.5 FILING OF PROTEST

8.6 BURDEN OF PROOF

8.7 DECISION ON PROTEST

8.8 LIMITATION ON THE AUTHORITY’S LIABILITY

List of Tables Table 1: Key RFQ Dates: 7

List of Figures Figure 1: High-Speed Rail Delivery Map

List of Attachments Attachment A: Minimum Qualifications Checklist

Attachment B: Criteria for Awarding Points for the SOQ

Attachment C: Criteria for Evaluation of Discussions

Attachment D: Draft Agreement, including Scope of Work

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List of Forms and Certifications Form A: Schedule of Subcontractor(s)/ Subconsultant(s)

Form B: Organizational Conflicts of Interest Disclosure Statement

Cert. 1: Certification Regarding Miscellaneous State Requirements

Cert. 2: Offeror’s Overall Project Small Business Goal Commitment Affidavit

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: Subcontractor Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Certification

Cert. 7: Non-Collusion Affidavit

Cert. 8: Equal Employment Opportunity Certification

Cert. 9: Non-Discrimination Certification

Cert. 10: Certification Regarding Lobbying

INTRODUCTION AND PURPOSE OF SOLICITATION

1.0 California High-Speed Rail Authority

The California High-Speed Rail Authority (Authority) is responsible for the planning, design, construction and operation of the first high-speed rail system in the nation. The California High- Speed Rail System (System) will connect the mega-regions of the State, contribute to economic development and a cleaner environment, create jobs and preserve agricultural and protected lands. Phase 1 service will connect San Francisco to the Los Angeles basin in under three hours at speeds of over 200 miles per hour. The System will eventually extend to Sacramento and San Diego, totaling 800 miles with up to 24 stations. In addition, the Authority is working with regional partners to implement a statewide rail modernization plan that will invest billions of dollars in local and regional rail lines to meet the State’s 21st century transportation needs.

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 §185036. Additional authority for a state agency to enter into a contract agreement includes but is not limited to, Public Contract Code Sections 10335, et seq.

The Authority intends to finance the Project with State and federal funding, including funds provided by the Federal Railroad Administration (FRA) and funding made available through the American Recovery and Reinvestment Act of 2009 (ARRA). The Authority will act as the FRA-designated recipient for federal transportation funds.

Only if sufficient funds are made available to the Authority by the U.S. Government or the California State Legislature for the purpose of this program is a contract valid and enforceable.

Prior to execution or commencement of any contract resulting from this RFQ, if sufficient funds are not made available for the current year and/or any subsequent years covered under a contract resulting from this RFQ, then that contract shall be of no further force and effect. In addition, a contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms, or funding of this contract in any manner.

After execution or commencement of this contract, if Congress or the State Legislature does not appropriate sufficient funds for the program, the Authority shall have the option to either: 1) cancel the contract with no further liability occurring to the Authority; or 2) amend the contract and reduce the scope of work to reflect any reduction in funds.

Offerors acknowledge that any services or work performed is consistent and/or compliant with the conditions set within the following:

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

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001- 1050/sb_1029_bill_20120718_chaptered.pdf.

• California High-Speed Rail Program 2014 Business Plan (2014):

http://www.hsr.ca.gov/About/Business_Plans/2014_Business_Plan.html.

• US DOT FRA Grant/Cooperative Agreement FR-HSR-009-10-01 (and subsequent amendments:

http://www.hsr.ca.gov/docs/about/funding_finance/funding_agreements/FR-HSR-0009- 10-01-05.pdf

2.0 Purpose and Overview of RFQ

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

• The Authority is issuing this RFQ to receive Statements of Qualifications (SOQs) from qualified firms (Offerors) for Right-of-Way (ROW) Engineering and Survey Support Services.

The purpose of this RFQ is to award a contract to one (1) successful Offeror (Consultant) to provide ROW Engineering and Survey Support Services to include, but not be limited to, providing personnel and expertise to prepare ROW appraisal maps, legal descriptions, surveys, staking, and exhibits in support of ROW acquisition and other requested services on a Task Order basis under the direction of the Authority’s Director of Real Property.

• This procurement consists of evaluating SOQs in response to this RFQ with the intent to award a contract to a successful, responsive, qualified Offeror whose qualifications conform to the requirements of this RFQ and are considered the most qualified by the Authority.

• The term of the contract resulting from this RFQ will be four (4) years.

• The estimated dollar value for this contract is not to exceed $5,000,000.00.

• Any services to be provided by the successful Offeror shall only be performed pursuant to a Task Order that provides a detailed description of the services to be performed, the time for the Work to be performed, not to exceed amount to be charged, and estimated costs.

• 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.

• The Authority requires its professional consultants to provide services of the highest quality within a constrained schedule in order 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 so as to permit the effective review and deployment http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001-1050/sb_1029_bill_20120718_chaptered.pdf http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001-1050/sb_1029_bill_20120718_chaptered.pdf http://www.hsr.ca.gov/About/Business_Plans/2014_Business_Plan.html http://www.hsr.ca.gov/docs/about/funding_finance/funding_agreements/FR-HSR-0009-10-01-05.pdf http://www.hsr.ca.gov/docs/about/funding_finance/funding_agreements/FR-HSR-0009-10-01-05.pdf of the deliverable by the Authority during and throughout the performance of any contract resulting from this procurement.

• The RFQ shall follow the process in California Code of Regulations, Title 21, Division 6, Section 10000.1 et seq., and the evaluation/selection will be based on the factors/criteria contained in Attachment A, Attachment B and Attachment C.

• Offerors will be required to commit to exercise good faith efforts to achieve the Authority’s 30 percent utilization goal for Small Business and Disadvantaged Business Enterprises (see Form A and Cert. 2).

• The Consultant may be expected to work in close cooperation with the Authority’s program management consultant, the Rail Delivery Partner (RDP).

• For each Task Order, the Consultant may be required to propose performance targets and measures suitable for measuring performance towards the Authority’s performance objectives, which will be provided to the Consultant when the Task Orders are established.

• Negotiations shall be held with the top ranked Offeror.

• The RFQ will be available in electronic format only on the State’s Contract Register at (http://caleprocure.ca.gov) and on the Authority’s website at (www.hsr.ca.gov).

• All questions regarding this RFQ must be submitted in writing by email to the point of contact in section 3.1 by the date and time listed in Table 1 for the benefit of all Offerors.

2.1 Definitions

Whenever used in this RFQ or any contract resulting from this RFQ, the following terms have the definitions indicated:

Authority – California High-Speed Rail Authority, which may include the Authority’s consultants and other representatives including the RDP

Authority Board – California High-Speed Rail Authority Board of Directors

Authority Contract Manager – The representative from the Authority managing the contract resulting from this procurement

Business Day – Monday through Friday, except for federal or State holidays, between the hours of 8:00 a.m. and 5:00 p.m., Pacific Time. Lists of federal and State holidays can be found at https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url=Overview and http://www.calhr.ca.gov/employees/pages/state-holidays.aspx.

Consultant – The successful Offeror mentioned herein, including the prime Consultant and all Subconsultants

Day – Calendar day

Design-Builder – the Design-Builder performing the design and construction work for Construction Packages as detailed in the Design-Build Contract http://caleprocure.ca.gov/ http://www.hsr.ca.gov/ https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url=Overview https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url=Overview http://www.calhr.ca.gov/employees/pages/state-holidays.aspx

Design-Build Contract – The contract between the Design-Builder and the Authority for design-build services to be performed for Construction Packages

Disadvantaged Business Enterprise (DBE) – A small business concern that is at least 51 percent owned and whose management and daily business operations are controlled by “socially and economically disadvantaged individuals” (as that phrase is defined in 49 C.F.R.

Part 26)

Disabled Veteran Business Enterprise (DVBE) – A for-profit small business concern that is at least 51 percent owned by a veteran of the United States military, which has at least a 10 percent service-connected disability. To qualify as a Disabled Veteran Business Enterprise, the business must have received the appropriate certification issued by the California Department of General Services

Grant/Cooperative Agreements – Agreement numbers FR-HSR-009-10-01-05 and FR-HSR- 0037-11-01-00 and any amendments thereto between the Authority and the Federal Railroad Administration providing terms for expenditure of federal funds provided for the Project

Key Personnel – Those individuals identified in the Offeror’s SOQ to fill the positions specified in Section 6.4.2.2

Licensed Professional Engineer – An engineer that is licensed in the State of California pursuant to the Professional Engineers Act (Business and Professions Code Section 6700 et seq.) as a Professional Engineer, at the time the contract is executed

Licensed Professional Land Surveyor – A land surveyor that is licensed in the State of California pursuant to the Professional Land Surveyor’s Act (Business and Professions Code section 8700 et seq.) as a Professional Land Surveyor, at the time the Agreement is executed.

Microbusiness (MB) – A for-profit small business concern with gross annual receipts of less than $3,500,000 or, if the small business is a manufacturer, with 25 or fewer employees. The Authority recognizes Microbusiness certifications issued by the California Department of General Services

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

Offeror Team – Collectively, the Offeror and its members and subcontractors/subconsultants

Open Government Laws – Collectively, the California Public Records Act (Government Code sections 6250, et. seq.), the Bagley-Keene Open Meeting Act (Gov. Code section 11120 et seq.), and the Freedom of Information Act (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, corporation, company, joint venture, partnership, trust, unincorporated organization, or governmental agency including the Authority

Project – The portion of the California High-Speed Rail System related to the identification of the ROW necessary to plan, design, construct, maintain, and operate the System

Public Records Act – The California Public Records Act, Government Code Section 6250 et seq.

Rail Delivery Partner – The Authority’s consultant authorized to assist in managing, overseeing and delivery the System

Tasks Orders – An agreement regarding scope, schedule and budget between the Authority and Consultant for performance of certain discrete services under the scope of work of a contract resulting from this RFQ.

Small Business (SB) – A for profit small business that meets the requirements and eligibility criteria set forth by the U.S. Small Business Administration and California Department of General Services for certification as a Small Business. This definition is dependent on whether the firm wishes to participate in U.S. DOT-assisted contracts or in 100 percent, State funded contracts, which are defined as follows:

a. For U.S. DOT-assisted contracts, a Small Business meets the definition for a small business concern contained in Section 3 of the Small Business Act and United States Small Business Administration regulations implementing it (13 C.F.R. Part

121) that also does not exceed the cap on average annual gross receipts specified in 49 C.F.R. Part 26.65 (b). Certified SB firms participating in USDOT-assisted contracts are not required to have a principal office located in California. Federal 8(a) certified SB firms are eligible to be credited toward meeting the SB goal on a U.S.

DOT-assisted contract.

b. For 100 percent State-funded contracts, a Small Business is independently owned and operated, with its principal office located in California and with owners living in California, has grossed $14 million or less over the previous three tax years, and is not dominant in its field of operations. This certification is issued by the California Department of General Services.

State – The State of California

Subcontractor/Subconsultant – Defined as follows:

a. Prior to award of the ROW Engineering and Survey Support Services contract, any Person with whom the Offeror proposes to enter into a subcontract for any part of the Work, or that will enter into a sub-subcontract for any part of the Work, at any tier; or

b. After award of the ROW Engineering and Survey Support Services contract, any Person with whom the Offeror has entered into a subcontract for any part of the Work, or with whom any Subcontractor/Subconsultant has further subcontracted any part of the Work, at all tiers.

System – The complete 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 professional services assigned and authorized by the Authority pursuant to a specific work plan and budget, including Task Orders

2.2 Acronyms

ARRA American Recovery and Reinvestment Act of 2009

CalSTA California State Transportation Agency

Caltrans California Department of Transportation

CEQA California Environmental Quality Act of 1970

DB Design-Build

DBE Disadvantaged Business Enterprise

DGS California Department of General Services

DVBE Disabled Veteran Business Enterprise

FOIA Freedom of Information Act

FRA Federal Railroad Administration

HSR High-Speed Rail

MB Microbusiness

NEPA National Environmental Policy Act of 1969

NTP Notice to Proceed

RDP Rail Delivery Partner

RFQ Request for Qualifications

ROW Right-of-Way

SB Small Business

SOQ Statement of Qualifications

U.S. DOT United States Department of Transportation

INSTRUCTIONS TO OFFERORS

3.0 Procurement Schedule and Process

Table 1: Key RFQ Dates

Key Dates Activity Description

03/18/16 RFQ issued.

04/05/16 Last day to submit written questions 04/12/16 Authority to Post Responses to Offeror Questions 04/26/16 SOQs due to Authority’s Sacramento office by 3:00 PM Pacific Time.

05/12/16 Invitation to Discussions sent Week of 05/16/16 to 05/20/16

Discussions with Offerors held in Sacramento.

05/20/16 Notice of Selection Week of 5/30/16 to 06/03/16 Negotiation with selected Offeror 07/26/16 Notice to Proceed Issued

*All dates subsequent to the SOQ due date 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:

Mr. Domonique Wilson California High-Speed Rail Authority

770 L Street, Suite 620 MS 3 Phone: (916) 669-6603

Fax: (916) 322-0827 Email:Domonique.wilson@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 Board member or Authority or RDP staff other than the Point of Contact above. Failure to comply with this communication prohibition may result in disqualification.

3.2 Addenda to Request for Qualifications

The Authority reserves the right to amend the RFQ by addendum before the final date of SOQ submission.

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 a SOQ in response to this request, or to procure or contract for services or supplies. The Authority reserves the right to accept or reject any or all SOQs received as a result of this request, to negotiate with any qualified Offeror, or to modify or cancel in part or in its entirety the RFQ if it is in the best interest of the Authority to do so.

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 the contract for ROW Engineering and Survey Support Services shall belong exclusively to the State of California. All products used or developed in the execution of any contract resulting from this RFQ will be governed in accordance with the Ownership of Data Rights and Patent Rights section(s) in Attachment D.

3.5 Improper Communications and Contacts

The following rules of contact shall apply during the procurement that began upon the date of issuance of this RFQ and will be completed with either the execution of the ROW Engineering and Survey Support Services contract 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, facsimile, electronic mail (e-mail), or formal written communication.

The specific rules of contact are as follows:

A. 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 Subcontractors/Subconsultants that are shared between two or more Offeror Teams. In such cases, those Subcontractors/Subconsultants may communicate with their respective team members so long as those Offerors establish a protocol to ensure that the Subcontractor/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 Subcontractors/Subconsultants do not act as conduits of information between teams are subject to Authority review and approval, at the Authority’s discretion.

B. Offerors shall correspond with the Authority regarding the RFQ only through the Authority’s Designated Point of Contact (see Section 3.1)

C. 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 or the Project.

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

1. Federal Railroad Administration (FRA)

2. California State Transportation Agency (CalSTA)

3. California Department of Transportation (Caltrans)

4. California Department of General Services (DGS)

5. California High-Speed Rail Authority (except as provided in this RFQ)

E. 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 of the Authority or any Authority workshop related to this RFQ.

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

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

3.6 Organizational Conflicts of Interest

The Authority has adopted an Organizational Conflicts of Interest Policy (the “Policy”) that will apply to this procurement and the resulting contract, in addition to the Authority’s Conflict of Interest Code and other applicable requirements. The Policy can be found on the Authority’s website at:

http://www.hsr.ca.gov/docs/about/doing_business/Organizational_Conflict_Interest_Policy_Final 9152011.pdf

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

1. Preclude certain firms from participation in this procurement and

2. Affect the ability of the Offeror, its Subcontractors/Subconsultants and their Affiliates (as defined in the Policy) to enter into business relationships with Authority consultants.

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 an Offeror’s existing or past activities, business or financial interest, familial relationships, contractual relationships, and/or organizational structure (i.e., parent entities, subsidiaries, Affiliates, etc.) that results in: (i) impairment or potential impairments of an Offeror’s ability to render impartial assistance or advice to the Authority 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 http://www.hsr.ca.gov/docs/about/doing_business/Organizational_Conflict_Interest_Policy_Final9152011.pdf http://www.hsr.ca.gov/docs/about/doing_business/Organizational_Conflict_Interest_Policy_Final9152011.pdf procurement by the Authority (regardless of whether any such perception is accurate). If any such conflict of interest is found to exist, the Authority may:

1. Disqualify the Offeror, or

2. Determine that it is otherwise in the best interest of the Authority to contract with such Offeror and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.

Each Offeror shall fully disclose organizational conflicts of interest in its SOQ, using Form B.

Form B shall be filled out by each member of an Offeror Team, including the prime, all joint venture members if operating as a joint venture, and all Subcontractors/Subconsultants. 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 contract through this procurement process, the resulting contract may be terminated.

By submitting its SOQ, each Offeror agrees that, if an organizational conflict of interest is discovered following submittal of the SOQ, the Offeror will make an immediate and full written disclosure to the Authority that includes a description of the action that the Offeror has taken or proposes to take to avoid or mitigate such conflicts.

3.7 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 their 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.

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. 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.

3.8 The California Environmental Quality Act

By issuing this RFQ, and by entering into any resulting contract 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 High-Speed Rail (HSR) project; or (b) create an implied agreement that CEQA and/or such environmental permitting requirements apply to the HSR project.

4.0 Submittal of the Statement of Qualifications

4.1 Statement of Qualifications Submittal Information

SOQs submitted in response to this RFQ shall include one original and ten (10) 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 10 on their spines. Each Offeror shall include one electronic version of its SOQ in an unprotected searchable .pdf format on a CD or DVD. SOQs must be received no later than the date and time listed in Table 1, addressed as follows:

MAILED OR HAND-DELIVERED TO:

If hand-delivered:

Attention: Mr. Domonique Wilson California High-Speed Rail Authority

770 L Street, Suite 620 Sacramento, CA 95814

If delivered by mail:

Attention: Mr. Domonique Wilson California High-Speed Rail Authority

770 L Street, Suite 620 MS3

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

RFQ No.: HSR15-129

California High-Speed Rail Authority ROW Engineering and Survey Support Services Statement of Qualifications

Offeror:

4.2 Late Submittals

In accordance with California Public Contract Code Section 10344, SOQs received after the specified date and time are considered late and will not be accepted. There are no exceptions to this law. Postmark dates of mailing, e-mail and facsimile transmissions are not accepted under any circumstances and are not acceptable toward meeting the submission deadline for SOQ delivery. A 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.

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.

STATEMENT OF QUALIFICATIONS

5.0 Background for the RFQ

To facilitate design and construction of the System, the Authority requires ROW Engineering and Survey Support Services for the Initial Operating Segment as amended by any future adopted Business Plan. The initial work will be located in the Central Valley in the Merced to Fresno and Fresno to Bakersfield Project Sections (see Figure 1). As the Authority’s program evolves, other geographic locations may be added later at the Authority’s direction.

Attachment D, Exhibit A of this RFQ represents the full scope of services which the selected Consultant may be asked to perform.

Figure 1: High-Speed Rail Delivery Map

6.0 Statement of Qualifications Requirements

The following summarizes the content and organization of the SOQs. 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/or require additional evidence of qualifications to perform the work described in this

RFQ.

6.1 General Requirements

The SOQ shall be completed typewritten; and shall be manually signed. Scanned or faxed responses are not acceptable.

The SOQ shall comply with the following requirements:

• Documents should be prepared in single-spaced type, 12 point font, on 8-1/2” x 11” sheets printed double-sided. 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 they should do so sparingly. Large format pages will be included in the page limit.

• Pages should be numbered to show the page numbers and total number of pages in the response (e.g., Page 1 of 10, Page 2 of 10, etc.). Pages should be numbered at the bottom of the page.

• The SOQ shall be no more than 30 pages in length, exclusive of the transmittal letter, resumes, references as required by Section 6.4.1.1, and the Forms and Certifications).

• Brochures and miscellaneous materials not specifically requested will not be evaluated.

• Unless otherwise provided, all names and applicable titles shall be typed or printed below the signatures.

• Forms A-B and Certification Nos. 1-10 must be signed and included. If erasures or other changes appear on the forms, each erasure or change shall be initialed and dated by the person signing the response.

• The SOQ shall be divided into sections as described below:

- A blank page should precede each section with an index tab extending beyond the side of the page; these blank pages will not be counted within the page count.

- The index tab should have the appropriate section number typed thereon.

- At a minimum, the items described in Section 6.0 shall be addressed.

- Sections in the SOQ should be presented in the same order as they appear in this RFQ.

6.2 Transmittal Letter

The SOQ shall be transmitted with a letter that must be signed by an official authorized to bind the Offeror contractually and shall contain a statement that indicates the SOQ is complete and accurate. The Transmittal Letter shall also provide the following: names, titles, addresses, telephone numbers, and email addresses of individuals authorized to negotiate and contractually bind the Offeror. All Forms and Certifications shall be manually signed and included as attachments in the transmittal letter section. Neither the transmittal letter nor the Forms and Certifications will be included in the page count.

The Transmittal Letter shall include the following:

1. The Offeror shall be qualified to do business in the State of California and in accordance with the laws of the State of California. Offerors shall attach copies of licenses to the Transmittal Letter.

2. The Offeror must identify the Offeror’s Contract Manager assigned to manage any contract awarded pursuant to this RFQ.

3. The Offeror must provide resumes for the Key Personnel. Resumes shall be attached to the Transmittal Letter.

4. The Offeror must provide all necessary information and forms required showing proof of small business participation consistent with Section 6.4.4. All Subcontractors/Subconsultants shall be identified on Form A.

5. The Offeror must affirm in the Transmittal Letter that it has or is able to obtain the required insurance, specified in the sample contract in Attachment D of this RFQ.

6. The Offeror must provide three references for the firm as required in Section 6.4.1.1 (including all required information and/or documentation). References shall be attached to the Transmittal Letter.

7. The Offeror must provide the Transmittal Letter with all required Forms and Certifications.

8. The Offeror must affirm in the Transmittal Letter that it has not been terminated from another contract for default, or has not received a civil judgment or criminal conviction in the past five years.

6.2.1 Minimum Qualifications

Offerors must satisfy all of the Minimum Qualifications listed below. Failure to satisfy all of the Minimum Qualifications at the time of SOQ submission may result in the immediate rejection of the submission. The Authority reserves the right to request clarifications of Minimum Qualifications. The successful Offeror must continue to satisfy all of the Minimum Qualifications throughout the term of any contract resulting from this RFQ.

The Minimum Qualifications for this RFQ are:

1. The Offeror shall satisfy the requirements of Section 6.2 of this RFQ, titled Transmittal Letter.

2. The Offeror shall satisfy all of the requirements of Section 6.4.1.1 of this RFQ, titled References.

3. The Offeror must affirm in the Transmittal Letter that it will have an office (temporary or permanent) within the initial geographic scope of the services that will be staffed during normal business hours for the term of any contract resulting from this RFQ or if it does not have such an office, it will use the Authority’s office address closest to its destination as the point of beginning in calculating travel expenses.

4. At least one person responsible for direction and control shall hold the requisite professional license in the State of California by the time the contract is executed, as required by law and Section 6.4.2.2 of this RFQ. Additional requirements are listed in Section 6.4.2.2 and 6.4.2.1.

5. The Offeror has submitted all required Forms and Certifications.

6.3 Executive Summary

Offerors may include an Executive Summary, preferably not exceeding three pages, stating key points of their SOQ which they believe highlight their qualifications to serve as ROW Engineering and Survey Support Services. As such, the Executive Summary may emphasize the Offeror’s strengths as fully described in the balance of the SOQ, however Offerors should be aware that the Executive Summary will not be separately evaluated and it will count against the page limitation.

6.4 Contents of the SOQ

Using the following criteria as a minimum, state why the Offeror believes it is qualified to provide the services requested in this RFQ.

6.4.1 Past Performance and Experience

The Authority wishes to contract with a ROW Engineering and Survey Support Services team with a proven track record of successfully providing ROW engineering and survey support services described in Attachment D, Exhibit A on similar projects. The Authority strongly prefers a team that has familiarity with state and local agency ROW work, including but not limited to Caltrans procedures. Experience managing ROW support services on major linear transportation projects or on projects of similar cost, scope and complexity is preferable.

Describe how the past projects identified provide the experience preferred in this RFQ. Provide examples of cost saving methodologies utilized on past assignments.

6.4.1.1 References

Provide names, addresses and telephone numbers for at least three (3) clients for whom the Offeror (i.e. the prime consultant submitting an SOQ, the joint venture submitting an SOQ, or each individual prime member of the joint venture) has performed work similar to that proposed in this RFQ. References shall be for:

• If a single entity is the prime consultant submitting the SOQ, the references shall be submitted for the prime consultant.

• If the SOQ is submitted by a joint venture that has worked together in the past, the references shall be for the joint venture as a whole.

• If the SOQ is submitted by a joint venture that has not worked together in the past, references shall be included for each member having an equity interest in the joint venture.

For each assignment identified, provide the following information:

• The name of the client;

• The title of the project or assignment;

• Current contact phone numbers and email addresses for the client;

• The scope of the assignment;

• The name of each proposed service team member working on the account;

• The date of service of the assignment;

• A summary statement for each assignment; and

• Examples of innovative approaches that contributed to project quality and/or cost or schedule savings.

6.4.2 Organization and Key Personnel

The Authority wishes to contract with a ROW Engineering and Survey Support Services team with organizational and staffing plans that are appropriate for the services described in Attachment D, Exhibit A and with experienced personnel in key roles. Describe the composition of the ROW Engineering and Survey Support Services team, and how activities are assigned.

Discuss how mobilization will be accomplished. Submit an organization chart indicating specific personnel nominations for primary and technical support positions. Discuss how the organization and management plan evolves over the life of the project and integrates with Authority staff.

Discuss in general the expected work elements based on the activities as described in the scope of work in Attachment D, Exhibit A. Describe generally the accomplishments that can be achieved and how your team’s past experience relates to your ability to achieve these.

6.4.2.1 Staffing Plan

Offerors shall submit a sample staffing plan. The staffing plan shall be organized by the tasks listed in Attachment D, Exhibit A. The staffing plan shall provide the total number of hours needed to perform each task by position. A staffing plan will be required as backup information for any Task Order issued under a contract resulting from this RFQ.

6.4.2.2 Key Personnel and Roles

The Authority seeks a ROW Engineering and Survey Support team that includes personnel with knowledge of applicable standards, regulations, codes and technology. There shall be no change in the Key Personnel without prior written approval by the Authority.

The SOQ must include information regarding California professional licenses held by the Offeror’s Key Personnel. At least one key person responsible for direction and control of the ROW Engineering and Survey Support Services shall be a California registered Professional Land Surveyor (PLS) or Professional Engineer (PE) authorized to practice Land Surveying in the State of California by the time the contract is executed.

Provide resumes for Key Personnel positions identified in the organization and management plan, including Subcontractors’/Subconsultants’ Key Personnel. Resumes shall be limited to three pages and should be keyed to the respective positions on the organization chart and presented in such a way as to particularly highlight the experience on projects or assignments of a similar nature. Resumes shall demonstrate that the individuals proposed have the appropriate licenses or qualifications for the relevant roles. The resumes must include summary chronologies of employment history including dates and title at each firm. Discuss how Key Personnel are qualified for the positions to which they are assigned.

Subcontractors’/Subconsultants’ Key Personnel shall be identified in the same manner.

All known Subcontractors/Subconsultants shall also be identified on Form A. Provide a list of individuals that will fill the following Key Personnel positions:

Principal-in-Charge: The person authorized to make contractual obligations, who provides oversight of the firm, controls resources, assigns people to the project and directs priorities for the firm. The Principal negotiates and enters into subcontractor agreements.

Project Manager: This individual will be responsible for the day-to-day activities of the consultant team and liaison with the Authority’s representative. The individual must be a Licensed Professional Land Surveyor or Licensed Professional Engineer authorized to practice Land Surveying in the State of California. A minimum of 10 years of experience performing surveying and ROW engineering is required for the Project Manager.

Quality Manager: This individual will be responsible for assuring the professional quality, technical accuracy, completeness and consistency of all ROW activities, documents and deliverables, particularly exhibits and legal descriptions. The individual must be a

Licensed Professional Land Surveyor or Licensed Professional Engineer authorized to practice Land Surveying in the State of California. A minimum of 10 years of experience performing surveying and ROW engineering is required for the Quality Manager.

6.4.3 Understanding of Project Elements and Requirements

The Authority wishes to contract with a ROW Engineering and Survey Support Services team with a strong understanding of the scope of work described in Attachment D, Exhibit A and the requirements for its successful management. The Offeror should provide a detailed discussion of the understanding of the project elements, project requirements, and how the ROW Engineering and Survey Support Services function adds value and works toward the goal of acquiring the necessary ROW for the Project and achieving optimal efficiency for the Authority.

Discuss how local knowledge will aid the Offeror in accomplishing the tasks identified in the scope of work. Also discuss how the Offeror will use familiarity with state and local agency ROW work for direction and guidance in performing the scope of work.

6.4.4 Small Business Participation

The Authority’s SB/DBE Program establishes a 30 percent Small Business Enterprise (SBE) utilization goal, which is inclusive of a 10 percent Disadvantaged Business Enterprise (DBE) goal and a three percent Disabled Veteran Business Enterprise (DVBE) goal for this Agreement.

The Authority’s Small and Disadvantaged Business Enterprise Program, August 2012 (SB/DBE Program) is in compliance with the Best Practices of 49 C.F.R. Part 26, Executive Order S-02- 06, Military and Veterans Code 999 and Title VI of the Civil Rights Act of 1964 and related statutes.

The successful Offeror will be expected to make efforts to meet the SB/DBE Program goals and provide a SB Performance Plan on how the goals will be met throughout the contract duration.

The Consultant shall clearly identify firms being utilized to meet the SB/DBE Program goals, including the contract value and scope of work that will be used to meet these goals and requirement. The successful Offeror shall also comply with other SB/DBE Program requirements, including but not limited to SBE utilization reporting, substitution/termination processes, and other performance related factors as identified in the Authority’s SB/DBE Program. The Offeror should refer to the Authority’s SB/DBE Program for a Recognized SBE Roster of Certifying Agencies and the Prompt Payment Act provisions that will apply to any contract resulting from this procurement.

The Authority SB/DBE Program Plan will be incorporated by reference into any contract resulting from this procurement. The Offeror is advised to read and become familiar with the Authority SB/DBE Program Plan, which may be found on the Authority’s Small Business Policy and Program web page:

http://www.hsr.ca.gov/Programs/Small_Business/policy.html http://www.hsr.ca.gov/Programs/Small_Business/policy.html

7.0 Evaluation and Negotiation

The following summarizes the Statement of Qualifications Review, Evaluation, and Negotiation processes.

7.1 Statement of Qualifications Review

The Authority Evaluation/Selection Committee shall review and evaluate each SOQ to determine if it meets the requirements contained in Section 6.0 and Attachment A. Failure to meet the requirements of this RFQ will result in the rejection of the SOQ.

The Authority may reject any SOQ if it is conditional, incomplete, or contains irregularities. The Authority may waive an immaterial deviation in a SOQ. Waiver of an immaterial deviation shall in no way modify the SOQ documents or excuse the Offeror from full compliance with the contract requirements if the Offeror is awarded the contract.

7.2 Statement of Qualifications

The Authority Evaluation/Selection Committee will evaluate and score the SOQs that meet the RFQ requirements. The evaluation of SOQs will be based on the criteria described in Section

6.0 and in Attachment B.

7.3 Discussions Evaluation

Following the evaluation of SOQs, the Authority will hold Discussions with selected Offerors.

Discussions with the Evaluation/Selection Committee will be held with no fewer than the top three rated…