HSR22-14_RFP_Sample_Agreement_Official.pdf

California High-Speed Rail Authority RFP No.: HSR22-14

Page i of iv Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

Services

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

Services RFP No.: HSR22-14

May 20, 2024

Page ii of iv Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance Services Table of Contents

Table of Contents

1.0 CALIFORNIA HIGH-SPEED RAIL AUTHORITY BACKGROUND

2.0 PURPOSE AND OVERVIEW OF RFP

2.1 Brief Description of Services……………………………………………………………3

2.2 Definitions………………………………………………………………………..……….4

2.3 Acronyms…………………………………………………………………………………8

3.0 PROCUREMENT SCHEDULE AND PROCESS

3.1 Virtual Pre-Bid Conference…………………………………………..…………………10

3.2 Authority’s Designated Point of Contact…………………………………..…………..11

3.3 Addenda to the RFP………………………………………………………..…………...11

3.4 Non-Commitment of Authority…………………………………………………………..11

3.5 Property Rights………………………………………………………………………

3.6 Non-Exclusiveness of Subcontractors………………………………………...……….12

3.7 Improper Communications and Contacts…………………………………………...…12

3.8 Organizational Conflicts of Intntrerest……………………………………………..…..13

3.8.1 Organizational Conflicts of Interest for Future Contracts………………………..16

3.9 Confidentiality……………………………………………………………… ……..……..16

3.10 Executive Order N-6-22 - Russia Sanctions………………………………………………

4.0 SUBMITTAL OF THE PROPOSALS

4.1 ... Proposal Submittal Information……………………………………………………….17

4.2 .... Late Submittals……………………………………………………..………………….18

4.3 ... Modification or Withdrawal of Proposals…………………………………………….18

5.0 PROPOSAL REQUIREMENTS

5.1 General Requirements ……………………….…………………………………...19

5.2 PART 1, ADMINISTRATE RESPONSE

5.2.1 Proposal Minimum Requirements

5.2.2 Transmittal Letter

5.2.3 Forms and Certifications

5.3 PART 2, TECHNICAL PROPOSAL

5.3.1 Contents of the Technical Proposal

5.3.2 Proposer’s Staffing Resources Commitment to Accomplishing Scope of Work and Personnel Qualifications/Experience

5.3.3 Proposer’s Plan for Maintaining Flexibilityin Workload Volume

5.3.4 Proposer’s Unique Skills, Techniques, Methods, Approaches, or Resources that Enhance or Ensure Successful Completion of Required Tasks Within the Required Time Frames

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5.3.5 Project Overview

5.3.6 Project Management

5.3.7 Environmental Compliance

5.3.8 Small Business Participation

5.3.8.1 Small Business Requirements

5.3.8.2 Preferences and Incentives

5.3.8.3 Small Business Proposer

5.3.8.4 Non-Small Business Proposer

5.3.8.5 Small Business Program Contractual Requirements

5.4 PART 3, COST PROPOSAL

5.4.1 Prevailing Wages

6.0 EVALUATION

6.1 Proposal Review……………………………………………………………………….37

6.2 Proposer Evaluation……………………………………………………….…………..38

6.2.1 Minimum Requirements……………………………………………………………38

6.2.2 Technical Proposal Evaluation…………………………………………………….38

6.2.3 Cost Proposal Evaluation…………………………...……………………………..38

6.3 Combined Proposal Scores…………………………………………………………..39

6.4 Notice of Intent to Award………………………………………………………………39

6.5 Protest…………………………………………………………………………………..39

6.6 Execution and Award Process……………………………………………………

6.7 No Agreement Until Signed and Approved…………………………………………40

6.8 Debriefing………………………………………………………………………………41

6.9 Confidentiality…………………………………………………………………………..41

List of Tables Table 1: Key RFP Dates:

List of Attachments Attachment A: Minimum Requirements Checklist Attachment B: Criteria for Awarding Points for the Proposal Attachment C: Smal Business Program Participation Evaluation Attachment D: Cost Proposal Attachment E: Sample Agreement, including Exhibit A (Scope of Work) through Exhibit

E Attachment F: Supplemental Resume and Work History

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List of Forms and Certifications Form A: Bidder Declaration Form B: Organizational Conflicts of Interest Disclosure Statement Form C: Disabled Veteran Business Enterprise Declaration Form D: Minimum Qualifications Checklist

Cert. 1: Contractor Certification Clauses (CCC-04/2017) Cert. 2: Payee Data Record (STD 204) Cert. 3: Proposer’s Overall Project Small Business Goal Commitment Certification Cert. 4: Iran Contracting Act Verification Form Cert. 5: Darfur Contracting Act Certification Cert. 6: Major Participant Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Certification Cert. 7: Subcontractor Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Certification Cert. 8: Non-Collusion Certification Cert. 9: Equal Employment Opportunity Certification Cert. 10: Non-Discrimination Certification Cert. 11: Certification Regarding Lobbying Cert. 12: California Civil Rights Laws Certification

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Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

1.0 California High-Speed Rail Authority Background

The California High-Speed Rail Authority (Authority) is responsible for planning, designing, building and operating the first high-speed rail system in the nation. The high-speed rail 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. When it is completed, trains will run from San Francisco to the Los Angeles basin in under three hours at speeds capable of exceeding 200 miles per hour.

The high-speed rail 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 section 185036. Additional authority for a State agency to enter into an agreement resulting from this RFP (Agreement) includes, but is not limited to, Public Contract Code sections 10335, et seq.

The Authority has been awarded federal funding for the overall California High-Speed Rail project, which includes the Work that is contemplated in this procurement process.

The awards funds provided by the Federal Railroad Administration (FRA) and funds made available through the American Recovery and Reinvestment Act of 2009 (ARRA) and require that certain federal requirements apply to the Agreement for the Work. The Authority will act as the FRA-designated recipient for federal transportation funds.

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

California State Budget Act 2012-13, SB1029 (Chapter 152, Statutes of 2012) www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001- 1050/sb_1029_bill_20120718_chaptered.pdf

California High-Speed Rail Program 2024 Draft Business Plan (2024) https://hsr.ca.gov/about/high-speed-rail-business-plans/2024-business-plan/

US DOT FRA Grant/Cooperative Agreement FR-HSR-009-10-01 (and subsequent amendments) www.hsr.ca.gov/docs/about/funding_finance/funding_agreements/HSRFRA_Cooperativ eGrantAgreement_Amendment6_051816_Redacted.pdf

US DOT FRA Grant/Cooperative Agreement FR-HSR-0118-12-01-00 (and subsequent amendments)

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance https://www.hsr.ca.gov/docs/about/funding_finance/funding_agreements/FR-HSR-0118- 12-01-00.pdf

2.0 Purpose and Overview of RFP

The following list provides a general overview of information related to the subject of this Request for Proposals (RFP). Capitalized terms are defined in Section 2.2.

1. The Authority is issuing this RFP to receive Proposals from qualified entities (Proposers) to provide Right-of-Way (ROW) Environmental Property Management Compliance Services for Residential, Commercial and Agricultural Properties.

2. This procurement will be based on the combined Technical Proposal and Cost Proposal scores of Proposals meeting minimum requirements per Section 6.0, Evaluation of this RFP. Responsive Proposals submitted in response to this RFP will be evaluated with the intent of awarding an Agreement to the Proposer with the highest score. By submitting a Proposal, Proposers agree to be bound by and meet all of the requirements and obligations specified in this RFP, as amended.

3. The selected Proposer may work with the Federal Railroad Administration (FRA), Surface Transportation Board (STB), California Public Works Board (PWB), California Department of Transportation (Caltrans), California Department of General Services (DGS), California Department of Finance (DOF), California Highway Patrol (CHP), California Fire Marshall (SFM), and other partnering agencies, and Authority contractors.

4. The Agreement period will start upon DGS approval of the Agreement and will extend for two (2) years from the start date. The Work will start with a Notice to Proceed (NTP) or a Limited Notice to Proceed (LNTP) and will be managed through Task Orders. No Work may begin prior to the receipt of an NTP/LNTP and Task Order(s).

5. Following the issuance of an NTP or an LNTP and initial Task Order(s), all Work will be issued on a Task Order basis. No work outside the Merced to Bakersfield 171-mile segment may commence under this Agreement until the Authority specifically permits it in an approved and fully executed Task Order (to ensure compliance with SB 198/2022 Budget Act restrictions).

6. Task Orders may be canceled by the Authority at any time. Task Orders may be contingent upon changes in the Authority’s annual budget appropriation, position authority, and future staffing levels.

7. Task Orders may be adjusted or altered at any time upon signature by both the Authority and the Contractor.

https://www.hsr.ca.gov/docs/about/funding_finance/funding_agreements/FR-HSR-0118-12-01-00.pdf https://www.hsr.ca.gov/docs/about/funding_finance/funding_agreements/FR-HSR-0118-12-01-00.pdf

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

8. The total dollar value for the Agreement resulting from this RFP will not exceed $2,095,000.00. Executing an Agreement is not a guarantee of Work; the actual amount of Work requested by the Authority under the Agreement may be less. The total amount awarded for an Agreement resulting from this RFP will be inclusive of the estimated $50,000.00 cumulative, total Specialized Equipment Rental and Materials costs to be paid from State funds, and $100,000.00 in cumulative travel costs to be paid from State funds, in the manner and subject to the requirements set forth in this RFP and the Agreement. “Specialized Equipment” and “Materials” are defined in Section 2.2, Definitions.

9. This RFP incorporates by reference the Authority’s HSR SB Program, dated November 2, 2023, which establishes a twenty-five (25) percent Small Business (SB) goal, inclusive of a three (3) percent goal for Microbusinesses (MB), and a separate three (3) percent Disabled Veteran Business Enterprises (DVBE) goal for contracts that receive state and federal blended funds. Further details about the Authority’s goals and its HSR SB Program may be found on the Authority’s Small Business Program webpage.

10. This RFP will be available in electronic format on the State’s Contract Register at https://caleprocure.ca.gov/pages/index.aspx.

11. All questions regarding this RFP must be submitted in writing to the email address of the Authority’s Designated Point-of-Contact in Section 3.2 of this RFP by the date and time listed in Section 3.0, Table 1, Key RFP Dates. All such questions should use the subject line: RFP HSR22-14 ROW Environmental Property Management Compliance Services. Responses to questions submitted will be posted on the State’s Contract Register.

2.1 Brief Description of Services

See Attachment E, Sample Agreement, Exhibit A for the full Scope of Work.

The selected Contractor will provide ROW environmental property management compliance services (Work) as more specifically described below and as requested by the Authority Contract Manger (ACM) through Task Orders for properties necessary for the high-speed rail system and primarily located in the Central Valley of California, including the counties of Merced, Madera, Fresno, Tulare, Kern, and Kings. While the primary location of the Work will be in the Central Valley, the Authority may need Work to be completed in other counties within the State on an as-needed basis.

https://caleprocure.ca.gov/pages/index.aspx

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

2.2 Definitions

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

Agreement – A contract between the Authority and the successful Proposer executed as a result of this procurement.

Authority – The California High-Speed Rail Authority, which may include the Authority’s authorized representatives.

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

Authority Contract Manager (ACM) – The representative from the Authority managing the Agreement resulting from this procurement.

Authority Task Manager (ATM) – The representative from the Authority managing the Work and Task Orders provided throughout the term of this Agreement.

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 www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays and www.calhr.ca.gov/employees/pages/state-holidays.aspx

Commercially Useful Function (CUF) – The Authority will uniformly apply best practices in collective consideration of Commercially Useful Function (CUF) standards set forth by 49 C.F.R. Part 26.55 (c)-(d), Government Code § 14837, Title 2 CCR § 1896 et seq., and Military and Veteran Code § 999(b)(5). A SB, SB-PW, DBE, DVBE, or Microbusiness (MB) is deemed to perform a CUF if the business meets the following CUF standards:

1. Performs a CUF when a SB/MB/SB-PW/DBE/DVBE is responsible for the execution of a distinct element of work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved.

2. Performs work that is normal for its business services and functions.

3. Is responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing and paying for the material itself.

An entity does not perform a CUF if the business:

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

4. A SB/MB/SB-PW/DBE/DVBE that is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of participation.

Construction Package 1 – The portion of the First Construction Segment currently bounded by Avenue 19 in the County of Madera to the north, and by East American Avenue in the County of Fresno to the south.

Construction Package 2-3 – The portion of the First Construction Segment bounded by East American Avenue in the County of Fresno to the north, and a point approximately one mile north of the Tulare/Kern County line in the County of Tulare to the south.

Construction Package 4 – The portion of the First Construction Segment bounded by a point approximately one mile north of the Tulare/Kern County line in the County of Tulare to the north, and Poplar Avenue in the County of Kern to the south.

Contractor – The successful Proposer that executes the Agreement with the Authority as a result of this RFP.

Day or day – Calendar day, unless otherwise noted.

Design-Build Contractor – The Design-Build Contractor performing the design and construction work for Construction Packages as detailed in the Design-Build Contract.

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

Disabled Veteran Business Enterprise (DVBE) – A for-profit business concern that meets the certification requirements set forth in California Military and Veterans Code section 999(b)(7), including at least fifty -one (51) percent ownership by a veteran of the United States Military who has at least a ten (10) percent service-connected disability. To be counted towards meeting the goals of the SB Program, a DVBE must:

(1) Be certified by the DGS’ Office of Small Business and Disabled Veteran Business Enterprise Services, and

(2) Perform a CUF, as defined herein, in providing services or goods that contribute to the fulfillment of the contract requirements for this procurement.

Funding Plans – Funding Plans required under the California Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century as contained in California Streets and Highways Code 2704.04 to 2704.095. In particular, plans under 2704.08(c) and 2704.08(d).

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

Grant/Cooperative Agreements – Any Federal agreements between the Authority, the Federal Railroad Administration (FRA), the United States Department of Transportation (U.S. DOT), and/or other Federal agency providing terms for expenditure of additional federal funds provided for the Project, including the Agreement numbers FR-HSR- 0118012, as amended (FY 10 Grant), and/or the amended Federal Railroad Administration Grant Cooperative Agreement No. FR-HSR-009-10-01-07 (ARRA Grant).

High-Speed Trail (HST) Number – A numbering system applied to specific parcels of land that is used by the Authority for tracking and monitoring.

Key Personnel – Those individuals identified in the Proposer’s Proposal to fill the roles specified in Section 5.3.2.

Limited Notice to Proceed (LNTP) – Authority authorization to a Contractor to commence a limited amount of Work after the execution of an Agreement.

Materials – Materials needed to manage, repair, maintain, and completed requested tasks at the Authority’s property (e.g., exclusion fencing, traps, flags, spray paint). Office supplies and shipping expenses are not considered “Materials.”

Microbusiness (MB) – A for-profit SB concern that meets the certification requirements set forth in California Government Code section 14837(c) or (d) and California Code of Regulations, Title 2 sections 1896.4 (Definitions) and 1896.12 (Eligibility) including its principal office is located in California, its owners reside in California, it is not dominant in its field and either it has an average gross receipts of $5 million or less over the previous three tax years or it is a manufacturer that, together with all affiliates, has twenty-five (25) or fewer employees. To be counted towards meeting the goals of the SB Program, a MB must be certified by DGS.

Notice to Proceed (NTP) – Authority authorization to a Contractor to commence Work after the execution of an Agreement.

Open Government Laws – Collectively, the California Public Records Act (Government Code sections 7920, et seq.), the Bagley-Keene Open Meeting Act (Gov. Code sections 11120, et seq.), and the Freedom of Information Act (FOIA) (5 U.S.C. section 552, as amended by Public Law No. 104-231, 110 Stat. 3048) and other applicable State and federal open records laws.

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

Project – Collectively, Construction Packages 1, 2-3, and 4.

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

Proposal – Proposers’ submissions provided to the Authority in response to this RFP.

Proposer – A Person that submits a Proposal in response to this RFP.

Proposer Team – Collectively, the Proposer and its members and Subcontractors.

Public Records Act – The California Public Records Act, Government Code sections 7920, et seq.

SB Program – The Authority’s Small and Disadvantaged Business Enterprise Program, August 2012, available at https://hsr.ca.gov/business-opportunities/small-business-program/policy-program-plan/.

Small Business (SB) – A for-profit business concern that meets the certification requirements set forth in the California Small Business Procurement and Contract Act in California Government Code section 14837(d), and California Code of Regulations, Title 2 sections 1896.4 (Definitions) and 1896.12 (Eligibility) including that its principal office is located in California, its owners reside in California, and it is not dominant in its field.

Government Code sections 14837 and 14838 provide certification provisions that increase SB three (3) year average Gross Annual Receipts (GARs) eligibility thresholds for existing SB certification programs to:

• $15 million for SB

• $5 million for MB designation

Government Code sections 14837 and 14838 also identify an SB certification category for the purpose of Public Works contracts/projects (SB-PW) with the following eligibility thresholds:

• $36 million GARs averaged over last three (3) years

• Maximum of 200 employees count in average over the most recent four quarters

To be counted towards meeting the goals of the SB Program, a SB must be certified by

DGS.

Specialized Equipment – Equipment needed to manage, repair, maintain, and complete requested tasks at the Authority’s property (e.g., cameras, excavator, species-specific equipment)

State – The State of California.

Subcontractor – Defined as follows:

https://hsr.ca.gov/business-opportunities/small-business-program/policy-program-plan/ https://hsr.ca.gov/business-opportunities/small-business-program/policy-program-plan/

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

a. Prior to award of any Agreement, any Person with whom the Proposer proposes to enter into a subcontract for any part of the Work, or that will enter into a subcontract for any part of the Work, at any tier; or

b. After award of any Agreement, any Person with whom the Proposer has entered into a subcontract for any part of the Work, or with whom any Subcontractor has further subcontracted any part of the Work, at all tiers. For purposes of this RFP, the definition of Subcontractor incorporates both subcontractors and subconsultants.

System – The entire California high-speed rail system as described in California Proposition 1A (2008), the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, 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.

Task Order – A formal supplementing document issued by the Authority Contract Manager setting forth the services to be provided within the scope of the contract, as defined in the Scope of Work of the Agreement.

Work – All of the Work required under the Agreement resulting from this RFP as defined in Attachment E, Sample Agreement, Exhibit A, Scope of Work, and set forth in the Task Orders issued by the Authority Contract Manager.

2.3 Acronyms

ACM Authority Contract Manager ARRA American Recovery and Reinvestment Act of 2009 ATM Authority Task Manager CalHR California Department of Human Resources CalSTA California State Transportation Agency Caltrans California Department of Transportation CP 1 Construction Package 1 CP 2-3 Construction Package 2-3 CP 4 Construction Package 4 CUF Commercially Useful Function DB Design-Build DGS California Department of General Services DVBE Disabled Veteran Business Enterprise FOIA Freedom of Information Act FRA Federal Railroad Administration HST High-Speed Train LNTP Limited Notice to Proceed MB Microbusiness

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

NTP Notice to Proceed PMP Project Management Plan PRA Public Records Act RFP Request for Proposals ROW Right-of-Way SB Small Business SB-PW Small Business-Public Works SOW Scope of Work TO Task Order

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Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance Services

3.0 Procurement Schedule and Process

Table 1: Key RFP Dates:

Key Dates Activity Description May 20, 2024 RFP advertised May 29, 2024 Proposer Notification of Attendance of Virtual Pre-Bid

Conference by 5:00 p.m. Pacific Time May 31, 2024 Mandatory Virtual Pre-Bid Conference Invitations Out by 5:00 p.m. Pacific Time June 5, 2024 Mandatory Virtual Pre-Bid Conference at 1:30 p.m.

June 12, 2024 Deadline to submit written questions by 3:00 p.m. Pacific Time June 20, 2024 Responses to written questions by 5:00 p.m. Pacific Time July 1, 2024 Proposals due at the address specified in Section 4.1 of this

RFP by 3:00 p.m. Pacific Time.

July 15, 2024 Notice of Proposed Award released by 5:00 p.m. Pacific Time August 1, 2024 Proposed Agreement Start Date

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

3.1 Mandatory Virtual Pre-Bid Conference

3.1.1 A mandatory virtual pre-bid conference is scheduled for the purpose of discussing information regarding this RFP.

3.1.2 Potential Proposers must be present at the virtual pre-bid conference at the date and time specified above in Section 3.0, Key RFP Dates, Table 1 in order to be eligible to submit a Proposal. If a Proposal is submitted by a potential Proposer who failed to attend the virtual pre-bid conference, the Proposal shall remain unopened and be returned to the Proposer.

3.1.3 In the event a Potential Proposer is unable to attend the virtual pre-bid conference, an authorized representative may attend on their behalf. The representative may only attend for one (1) company. Subcontractors may not represent a potential Proposer at a pre-bid conference.

3.1.4 Potential Proposers or their authorized representative, and Subcontractors must notify the Authority’s Designated Point of Contact listed in Section 3.2 below via email that they will be attending the virtual pre-bid conference no later than close of business on Wednesday, May 29, 2024. All those that notify the Authority’s Designated Point of Contact will be registered and sent a virtual meeting invite by close of business on Friday, May 31, 2024.

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

Services

3.1.5 Any potential attendees that have not notified the Authority’s Designated Point of Contact by close of business on Friday, May 29, 2024 will not be registered and therefore will not be admitted to the virtual pre-bid conference.

3.1.6 Virtual meeting invites are not to be forwarded. If additional attendees are required or requested, the Proposer or their authorized representative, and subcontractors must notify the Authority’s Designated Point of Contact listed in Section 3.2.

3.2 Authority’s Designated Point of Contact

The Authority’s Designated Point of Contact for communications concerning the Project or this RFP shall be as follows:

Kayla Enuka California High-Speed Rail Authority

770 L Street, Suite 620 Sacramento, CA 95814 Phone: (916) 330 - 5661

Email: Kayla.enuka@hsr.ca.gov

Persons intending to submit Proposals in response to this RFP shall not contact or discuss any items related to this process with any Board member or Authority staff other than the Point of Contact listed above, either directly or through intermediaries. Failure to comply with this communication prohibition may result in disqualification. See Section 3.7, Improper Communications and Contacts for more information.

3.3 Addenda to the RFP

The Authority reserves the right to amend the RFP by addendum before the final date of Proposal submission. It is the responsibility of the Proposer to check the State’s Contract Register for all addenda.

3.4 Non-Commitment of Authority

This RFP does not commit the Authority to award a contract, to pay any costs incurred in the preparation of a Proposal in response to this RFP, or to procure or contract for services or supplies. The Authority reserves the right to accept or reject any or all Proposals received as a result of this RFP, or to modify or cancel in part or in its entirety the RFP if it is in the best interest of the Authority to do so.

mailto:Kayla.enuka@hsr.ca.gov

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

3.5 Property Rights

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

3.6 Non-Exclusiveness of Subcontractors

Subcontractors are not precluded from being on more than one Proposer Team, subject to the provisions of Section 3.7, Improper Communications and Contacts. There is no prohibition against Subcontractors being exclusive to one Proposer, however, exclusivity is strongly discouraged for all SB/DVBE Subcontractors.

3.7 Improper Communications and Contacts

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

The specific rules of contact are as follows:

1. After submittal of Proposals, no Proposer or any of its team members may communicate with another Proposer or its team members with regard to the RFP or any other team’s Proposal with the exception of Subcontractors that are shared between two or more Proposer Teams. In such cases, those Subcontractors may communicate with their respective team members so long as those Proposers establish a protocol to ensure that the Subcontractor will not act as a conduit of information between the teams (contact among Proposer organizations is allowed during Authority sponsored informational meetings). Protocols established to ensure that Subcontractors do not act as conduits of information between teams are subject to Authority review and approval, at the Authority’s discretion.

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

2. Proposers and their team members shall correspond with the Authority regarding the RFP only through the Authority’s Designated Point of Contact (see Section 3.2 of this

RFP).

3. Except for communications expressly permitted by the RFP or approved in advance by the Authority’s Chief Counsel, in his or her sole discretion, no Proposer or representative thereof shall have any ex parte communications regarding the RFP 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 Project and/or this procurement.

4. Proposers and their team members shall not contact the entities listed below regarding this procurement, either directly or through intermediaries including any employees, representatives, and members regarding this RFP:

a. Federal Railroad Administration (FRA)

b. California State Transportation Agency (CalSTA)

c. California Department of Transportation (Caltrans)

d. California Department of General Services (DGS), except to file a Protest as outlined in Section 6.5 of this RFP.

e. California High-Speed Rail Authority, including the Authority Board (except as provided in this RFP)

f. Program Delivery Support Consultant and its Subconsultants under

Agreement HSR21-17 (PDS agreement)

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

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

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

8. The Authority does not warrant the accuracy of any information from third parties with respect to this RFP and cautions the Proposers that reliance on any information received from third parties with respect to this RFP is at Proposer’s sole risk.

3.8 Organizational Conflicts of Interest

The use of the term “Proposer” in this section specifically applies to all interested parties from the date of issuance of the RFP including Proposers, potential Proposers, and subcontractors. The Authority has adopted an Organizational Conflicts of Interest Policy

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

(Policy) that will apply to this procurement and the resulting Agreement, in addition to the Authority’s Conflict of Interest Code and other applicable requirements. The Policy can be found on the Authority’s website at: https://hsr.ca.gov/business-opportunities/general-info/organizational-conflict-of-interest-policy/.

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

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

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

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

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

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

2. An unfair competitive advantage for any Proposer submitting a Proposal on an

Authority procurement; or

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

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

1. Disqualify the Proposer; or

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

Each Proposer shall fully disclose any actual, perceived, or potential organizational conflicts of interest in its Proposal using Form B, Organizational Conflicts of Interest Disclosure Statement. A separate Form B shall be filled out and signed, under penalty of perjury, by the Proposer and to the extent applicable, each unique member of a https://hsr.ca.gov/business-opportunities/general-info/organizational-conflict-of-interest-policy/ https://hsr.ca.gov/business-opportunities/general-info/organizational-conflict-of-interest-policy/

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Proposer’s Team, including all joint venture prime members, if proposing as a joint venture, and all subcontractors. Form B requires a statement, signed under penalty of perjury by the company’s executive that the company considered the Policy and performed conflicts checks prior to submitting its Proposal. The refusal to provide the required disclosure, or any additional information required, may result in disqualification of the Proposer. If nondisclosure or misrepresentation is discovered after award of the Agreement resulting from this procurement process, the Agreement may be terminated.

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

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

If a Proposer requires an organizational conflict of interest determination related to this procurement, please immediately consult the Policy and provide the required information to the Chief Counsel Alicia Fowler at Legal@hsr.ca.gov. The determination may take between two (2) to four (4) weeks from receipt of all required information and/or documents in the checklist below. In order to expedite the determination process, the requestor is asked to provide the following information with the request:

Organizational Conflict of Interest Checklist:

1. A summary of each of your company’s current and former contracts with the

Authority, either as a contractor or subcontractor (include project section(s), if applicable, and the current status).

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

3. A brief description of the work, tasks, deliverables, and any key roles that your company expects to perform relative to the contract resulting from this procurement.

(If not yet final, please be as detailed as possible.)

4. A statement about whether your company or principals/employees of your company had any role in the development of this procurement or Scope of Work.

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

mailto:Legal@hsr.ca.gov

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

6. If your company is planning to seek work related to other Authority procurements, provide information regarding the procurement and the Scope of Work your company would likely perform.

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

Please note that the Policy does not address all applicable requirements that may affect persons and entities wishing to enter into contracts with the Authority. Examples of such requirements include but are not limited to: (a) the California Political Reform Act and regulations promulgated by the California Fair Political Practices Commission; (b) restrictions in Public Contract Code section 10365.5 with respect to certain contractors engaged to perform consulting services; and (c) rules of conduct established by applicable professional boards.

If a Proposer requires an expedited organizational conflict of interest review related to this procurement, please immediately consult the Policy and provide the required information to the Chief Counsel at:

Alicia Fowler California High-Speed Rail Authority

Email: Legal@hsr.ca.gov

3.8.1 Organizational Conflicts of Interest for Future Contracts

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

3.9 Confidentiality

Proposers shall not submit confidential information in their Proposals. Any information submitted during the procurement process will be discoverable under a California Public Records Act request after the procurement is complete.

3.10 Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

mailto:Legal@hsr.ca.gov https://www.bing.com/ck/a?!&&p=a8c654d458f64172434e1459118a607616d5f98a0656a1f8d60b14a0af6c7b29JmltdHM9MTY1NjAxODM0NSZpZ3VpZD1mZmQwMTExYy00NWIyLTQ3MDMtODg5Mi0yMzk5MjIxMDVjNTEmaW5zaWQ9NTE2NQ&ptn=3&fclid=3fb5cd13-f338-11ec-9401-126f8b8caa1c&u=a1aHR0cHM6Ly93d3cuZ292LmNhLmdvdi93cC1jb250ZW50L3VwbG9hZHMvMjAyMi8wMy8zLjQuMjItUnVzc2lhLVVrcmFpbmUtRXhlY3V0aXZlLU9yZGVyLnBkZg&ntb=1

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

4.0 Submittal of the Proposals

4.1 Proposal Submittal Information

Proposals submitted in response to this RFP shall be mailed or hand delivered to:

If hand-delivered:

Attention: Kayla Enuka California High-Speed Rail Authority

770 L Street, Suite 620 Sacramento, CA 95814

If delivered by mail:

Attention: Kayla Enuka California High-Speed Rail Authority

770 L Street, Suite 620 MS 7 Sacramento, CA 95814

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

RFP No.: HSR22-14

California High-Speed Rail Authority

ROW Environmental Property Management Compliance Services Proposal

Due to building access restrictions, Proposers that will hand deliver their Proposals are requested to notify the Authority’s Designated Point of Contact identified in Section 3.2 at least twenty-four (24) hours before their anticipated arrival time. Proposers that will deliver their Proposals by mail are requested to notify the Authority’s Designated Point of Contact of the expected delivery date.

Proposer:

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance

4.2 Late Submittals

In accordance with California Public Contract Code section 10344, Proposals 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, email, and facsimile are not accepted under any circumstances and are not acceptable toward meeting the submission deadline for Proposal delivery. A Proposal is late if received any time after the date and time listed in Section 3.0, Table 1, Key RFP Dates. Proposals received after the specified time will not be considered and will be returned unopened to the Proposer.

Proposers are responsible for requesting a receipt or delivery confirmation for delivery of their Proposal packages.

4.3 Modification or Withdrawal of Proposals

Any Proposal received may be withdrawn or modified before the Proposal submittal deadline by written request to the Authority that is signed by the Proposer or an authorized agent. A Proposer may thereafter submit a new Proposal prior to the Proposal Due Date.

The only method for a Proposer to modify its Proposal is by withdrawing its submission in its entirety prior to the Proposal deadline, by written notification to the Authority. A complete, corrected submission package may be resubmitted prior to the Proposal deadline. Modifications offered in any other manner will not be considered.

5.0 Proposal Requirements

Proposers shall include one (1) original and seven (7) hard copies in separate three (3) ring binders in its submittal containing both its Technical Proposal and its Cost Proposal in a sealed package or packages. The original must be clearly marked “Original” on its face and spine, and each copy must be marked with the Proposer’s name and numbered one (1) through seven (7) on their spines.

Each Proposer shall include one (1) electronic version of its Proposal in a printable and searchable PDF format in a read-only format on two (2) searchable Advanced Encryption Standard USB drives with 256-bit encryption. The USB drives shall be included with the Proposal in a sealed package separate from the set of binders. A single password to decrypt both USB drives shall be included with the Proposal in another sealed package separate from the sealed package containing the USB drives. The PDF should not be password protected. Note: Proposers shall not provide content that utilizes Adobe Flash Player as Adobe discontinued Adobe Flash Player as of December 31, 2020.

Proposals must be received in the specified location no later than the date and time listed in Section 3.0, Table 1, Key RFP Dates and addressed in accordance with Section 4.1, Proposal Submittal Information. All additional Proposal packages may contain

Request for Proposals (Secondary) for Right-of-Way (ROW) Environmental Property Management Compliance photocopies of the original package. Emailed or faxed Proposals are not acceptable and will not be considered.

The following summarizes the content and organization of the Proposal. In addition to the information described below, the Authority may require confirmation or clarification of information furnished by a Proposer. Omissions, inaccuracies, or misstatements will be sufficient cause for rejection of a Proposal.

5.1 General Requirements

The Proposal shall be typewritten and shall be manually or digitally signed. Forms and Certifications may be completed in ink, though providing typewritten Forms and Certifications is preferred. All documents contained in the original Proposal package must have original or digital signatures and must be signed by a person who is authorized to bind the Proposer or Proposer Team members, as applicable. Proposals that contain false or misleading statements or that provide conditional statements or alternate terms and conditions, may be rejected.

RFP requirements and guidelines:

1. Documents should be prepared in single-spaced type, 12-point Arial font, on 8-1/2” x 11” sheets printed double-sided. Smaller font may be utilized for graphics labels, charts, figures, tables and footnotes. A page is considered to be a single side of an 8- 1/2” x 11” sheet. Should the Proposer 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.

2. Pages should be numbered to show the page numbers and total number of pages in the response; (e.g., Page 1 of 60, Page 2 of 60, etc.). Pages should be numbered at the bottom of the page.

3. The Proposal shall be no more than sixty (60) pages in length, excluding the Transmittal Letter, References required in Section 5.2.2, Transmittal Letter, resumes required in Section 5.2.2, Transmittal Letter, and the Forms and Certifications which are not included in the page count. The cover page, table of contents/exhibits, section dividers, and samples of previous work products are also not included in the sixty (60) page limit.

4. Brochures, extraneous publications such as published articles, directories, lengthy client lists, and other miscellaneous materials not specifically requested will not be evaluated.

5. If submitting as a Proposer Team, note which entity is the Proposer or lead joint venture partner (if applicable).

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