RFP_Solicitation_Packet_74A154.pdf

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CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR

California Department of Transportation

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30TH STREET, MS 65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

TTY 711

https://dot.ca.gov/programs/procurement-and-contracts/

07/16/2024

Request for Proposal

Notice to Prospective Proposers RFP Number 74A1544

You are invited to review and respond to this Request for Proposal (RFP) Number 74A1544, titled Interstate 580 Truck Access Study. In submitting your proposal, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

As required by Executive Order S-02-06, the California Department of Transportation (Caltrans) is committed to meeting the State’s 25 percent (25%) Small Business (SB) participation goal. Certified SBs, Micro Businesses (MB) are encouraged to submit bids. See Section D, Special Programs, Item 1, in this RFP for requirements.

Caltrans set an overall annual DBE goal comprising of both race neutral and race conscious elements.

Caltrans wants to encourage DBE to submit proposals to ensure equal participation for DBE groups specified in 49 Code of Federal Regulations (CFR) 26.5, for Agreements financed in whole or in part with Federal funds.

Note that all Agreements entered into with Caltrans will include, by reference, General Terms and Conditions (GTC 04/2017) and Contract Certification Clauses (CCC 04/2017) that must be downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language.

The designated contact person for this RFP is:

Sushrey Nepal Department of Transportation Email address: sushrey.nepal@dot.ca.gov Phone: (916) 616-0860

Please note that no verbal information given will be binding upon Caltrans unless such information is issued in writing as an official addendum.

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

Technical questions regarding this solicitation will be addressed, in writing, in accordance with the Questions and Answers portion of this RFP. See Section C) 3, Questions and Answers for more details.

Sincerely, SUSHREY NEPAL

Contract Analyst

Caltrans RFP Number 74A1544

Table of Contents

Section Page

A) Purpose and Description of Service 4

B) Minimum Qualifications for Proposers 4

C) Proposal Requirements and Information 5

1. Time Schedule 5

2. Optional Pre-Proposal Teleconference 5

3. Questions and Answers 5

4. Technical Proposal Requirements 6

5. Cost Proposal Requirements 9

6. California Civil Rights Laws 10

7. Darfur Contracting Act 10

8. Executive Order N-6-22 – Russia Sanctions 11

9. GenAI Disclosure 11

10. Standard Title VI/Nondiscrimination Assurances (United States Department of Transportation DOT Order No. 1050.2A)

11. Mandatory Organic Waste Recycling 11

12. Submission of Proposal 12

13. Evaluation Process 14

14. Pre-Award Audit 15

15. Award and Protest 16

16. Disposition of Proposals 16

17. Standard Conditions of Service 17

D) Special Program(s) 18

Disadvantaged Business Enterprise (DBE) Program 18

Small Business Enterprise or Microbusiness Preference 18

Attachments

1 Cost Proposal Worksheet

2A Key Personnel Hours Table (Sample)

2B Sample Reference Form

3 Proposal/Proposer Certification Sheet

4 Required Attachment Checklist

5 Criteria for Evaluation of Consultant–Technical Proposal Evaluation

6 Criteria for Evaluation of Consultant Oral Presentation

7 Criteria for Evaluation of Consultant Cost Proposal

8 Accounting and Audit Guidelines

9 Proposed Form of Agreement

A) Purpose and Description of Services

The Interstate 580 (I-580) Truck Access Study seeks to answer the following question: How would removal of the truck ban affect safety, efficiency, reliability and velocity, throughout along the I-880 and I-580 corridors, and achieve equitable public health for nearby populations? Answering this question will create an opportunity to reevaluate the purpose of the truck ban, find common ground for its potential repeal, address existing issues of inefficient traffic flows for the logistics industry, and alleviate disproportionate health impacts for underserved communities of color within the study area.

The I-580 Truck Ban also represents one (1) of only a handful of freeways in the United States that do not permit heavy trucks. These other freeways that do not allow trucks are due to construction or structural issues which are not a factor for I-580 designed to accommodate all vehicles, including heavy trucks. The truck ban, originally implemented along MacArthur Boulevard in Oakland in the 1950’s, was approved when the I-580 freeway was constructed in the early 1960’s. While removing the ban has been proposed several times over the years, this will be the first time a study will be conducted to address this possibility.

Today, the City of Oakland’s east side features two parallel freeways. I-580, which travels through Oakland Hills communities and, I-880, which passes through Oakland’s flatland communities. With I-580 representing one (1) of the only routes in California with a weight restriction on trucks, nearly all heavy truck traffic uses the I-880 corridor instead. As a result, the I-580 Truck Ban is said to contribute to a disproportionate air pollution exposure, generated by diesel trucks, from residents and workers along the I-880 corridor. This increased exposure to pollutants may also result in amplified health disparities for already vulnerable communities. The truck ban may also contribute to the inefficient movement of goods through Alameda County which features the Port of Oakland, the 8th busiest container seaport in the United States, and the Oakland International Airport, the 11th busiest cargo airport in the United States.

The I-580 Truck Access Study represents an opportunity to address a long-standing equity issue in the San Francisco Bay Area. The I-580 Truck Access Study will allow for transportation-based engagement and will assist in developing an equitable vision for the City of Oakland and neighboring communities.

The I-580 Truck Access Study features four (4) main, interconnected components to guide the development of a comprehensive planning study about various transportation, health, and equity considerations relating to the ban on heavy trucks along I-580 through Oakland, California. The four

(4) main components include traffic studies, racial equity assessment, comprehensive community engagement strategy, and health studies.

Refer to the Proposed Form of Agreement, which is attached to this RFP as Attachment 9 (Exhibit A) for a complete description of services.

B) Minimum Qualifications for Proposers

1. Proposer (prime contractor) shall have at least five (5) years of relevant experience and accomplishments as a prime consultant for at least two (2) of the following:

A. Multimodal system-level plans

B. Freight system plans

C. Corridor specific plans

D. Agency-level strategic or regional plans

2. Proposer shall have at least five (5) years of experience in work pertaining to each of:

A. State Highway System (SHS), B. San Francisco Bay Area transportation network, C. Expertise in existing transportation policies and programs (such as SB-1 programs)

D. Expertise in regional and interregional freight network demands

E. Expertise in equity, air quality

F. Public outreach

3. Proposer shall have at least five (5) years of transportation experience in performing technical level analysis. Proposer shall provide a list of previous projects that demonstrate this experience.

4. Key personnel shall have at least three (3) years of relevant experience conducting tasks they are assigned to perform in the proposal under the Proposed Form of Agreement, Attachment 9.

C) Proposal Requirements and Information

1. Time Schedule

It is recognized that time is of the essence. All proposers are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

Event Date Time

(Pacific Time)

RFP available to prospective proposers 07/16/2024

Optional Pre-Proposal Teleconference 07/22/2024 11:00 AM

Written Question Submittal 07/26/2024

Final Date for Proposal Submission 08/13/2024 2:00 PM

Oral Interviews (estimate) Week of 08/26/2024

Posting of Notice of Intent to Award (estimate) Week of 09/23/2024

Proposed Agreement Award Date (estimate) Week of 09/30/2024

2. Optional Pre-Proposal Conference

A. An optional pre-proposal telephone conference will be held at 11:00 AM on July 22, 2024 for the purpose of discussing this RFP.

Teleconference Dial-In Number: +1-408-418-9388

Participant Code: 2494 946 1205

B. An authorized representative may attend the optional pre-proposal teleconference on behalf of a potential prime contractor. The representative may only sign-in for one (1) company.

Subcontractors may not represent a potential prime contractor at optional pre-proposal conference.

C. For proposers who need assistance due to a physical impairment, a reasonable accommodation will be provided upon request for the optional pre-proposal conference. The proposer must call the designated Contract Analyst no later than the fifth working day prior to the scheduled date and time of the Pre-Proposal Conference to arrange for a reasonable accommodation.

3. Questions and Answers

A. Questions regarding this RFP must be submitted in writing by July 26, 2024. Proposers are encouraged to submit their written questions via e-mail to sushrey.nepal@dot.ca.gov.

B. Written questions must include the individual's name, Firm Name, complete address, and must reference RFP No. 74A1544. Questions must be sent to one of the following:

Email: sushrey.nepal@dot.ca.gov

Or mail to:

California Department of Transportation (Caltrans) Division of Procurement and Contracts Attention: Sushrey Nepal 1727 30th Street, MS 65 Sacramento, CA 95816-7006

C. Written responses to all questions will be collectively compiled and posted, as an Addendum, to the Cal eProcure website (https://caleprocure.com/pages/index.aspx). It is the responsibility of the proposer to access the website for any changes or Addenda that may be posted. Refer to this RFP, Section C) 1, Time Schedule, for the schedule of events and dates/times. It is the responsibility of the proposer to check Cal eProcure for all addenda.

Proposer can contact the Contract Analyst named above.

4. Technical Proposal Requirements

A. An original proposal marked "ORIGINAL COPY" and one (1) pdf copy on a thumb drive will be required for the Technical Proposal. Each Technical Proposal shall contain at a minimum, all required items listed below. Each requirement’s location must be listed in a Technical Proposal, Table of Contents. Also see RFP Section C), Subsection 11, Submission of Proposal, for submittal details.

1) Section 1. Introduction and Minimum Qualifications. Proposer shall:

a. Introduce its team and summarize the highlights of the proposal.

b. Demonstrate the minimum qualifications in RFP Section B) Minimum Qualifications for Proposers.

2) Section 2. Methodology. Proposer shall:

a. Demonstrate its understanding of project’s purpose, required work, technical analyses, the study area, the schedule, and establishment of measures of performance.

b. Identify any problems and/or challenges and propose solutions as they relate to limitations on methodology to meet contract requirements associated with a multijurisdictional plan using various models.

c. Describe:

i. Overall approach to the work

ii. Specific techniques that will measure criteria, to assure quality and accuracy of the outcomes, and any other innovative techniques that may contribute to the recommendation whether to remove the truck ban or pursue other methods to reduce emissions and improve equity for underserved residents, businesses, and industry within the study area.

iii. Approach to writing the final report and presentation of findings.

3) Section 3. Program Management: Proposer shall:

a. Designate, by name, the Principal/Program Manager to be employed. Project Manager shall be responsible for implementing the Scope of Work, overseeing the activities of the project team, and shall be the single point of contact for this contract.

The Project Manager must be available to Caltrans as needed to effectively manage this contract. The selected Contractor shall not substitute the Project Manager without prior written approval of Caltrans.

https://caleprocure.com/pages/index.aspx

b. Clearly describe how tasks will be effectively managed and coordinated, and how the Principal/Program Manager’s technical expertise will support the effective management and coordination of all the activities described in the Scope of Work.

The Proposer shall describe the firm’s competence in Program Management, its capability to meet time and budget requirements of this project, and its internal procedures for quality control, timely project completion, and cost control.

c. Develop and submit an effective communication plan to demonstrate how the proposer will ensure close contact between the Principal/Program Manager and Caltrans. Proposer shall include a plan for keeping stakeholders updated about key meetings, significant project events and/or activities, and project progress reports.

d. Provide an organizational flow chart showing the hierarchy of the proposer’s key personnel that will be utilized during the term of the Agreement. The chart must show the relationship between the Principal/Program Manager and personnel of the proposer’s organization and other parties (including subcontractors).

4) Section 4. Personnel: This Section of the Technical Proposal shall identify the proposed team and key personnel. Key personnel shall have experience with, and in-depth knowledge of, techniques and procedures necessary to accomplish the tasks listed in Attachment 9 (Proposed Form of Agreement), Exhibit A, Scope of Work.

Proposer shall:

a. Identify all key personnel of the prime contractor who will work under the Agreement and provide brief (two (2) pages maximum) resumes. Include titles, education, academic degrees, professional licenses, qualifications, proposed roles and responsibilities, summaries of similar work performed and expected level of availability for this Agreement.

b. Introduce the proposed subcontractor organizations, if any, and provide qualifications, roles, and responsibilities for the company/organization.

Provide brief (two (2) pages maximum) resumes for each of the subcontractors’ key personnel listed to provide services under the Agreement. Include titles, education, academic degrees, professional licenses, qualifications, proposed roles and responsibilities, summaries of similar work performed and expected level of availability for this Agreement. (The cost of the subcontracted work is to be itemized in the Cost Proposal as described below in Cost Proposal Requirements.)

c. Provide a table in the format provided on Attachment 2A indicating how many hours each key personnel will be assigned for the Agreements and what task(s) each key personnel will perform. All key personnel of prime contractor and subcontractors assigned to the contract and listed in the Proposer’s Technical Proposal must be identified by name, title, and Firm Name in the table (Attachment 2A). Hours listed for key personnel on the table should match hours listed for key personnel in the Cost Proposal.

• The selected contractor shall not substitute the listed key personnel or subcontractors without prior written approval by the Caltrans Contract Manager.

5) Section 5. Qualifications and Experience: Proposer shall:

a. Document the project team’s qualifications as they apply to performing the tasks described in the Scope of Work. Describe recently completed work as it relates to this scope of work. Specifically, the Proposer shall address:

i. Working collaboratively with multiple stakeholders

ii. Conducting racial equity assessments

iii. Conducting public engagement meetings and workshops

iv. Travel demand modeling, freight forecasting, and freight modeling

b. Provide a table or matrix of relevant, previous contracts or projects cross-referenced with the requested services. Indicate the number of years of experience in each area.

c. Provide a minimum two (2) and maximum three (3) samples of relevant work experience identified under Task one (1) through Task seven (7) in the Scope of Work (Attachment 9, Exhibit A, Scope of Work).

6) Section 6. Work Plan and Work Schedule: Proposer shall:

a. Provide a work plan and schedule for task completion. Identify each major task, necessary subtasks, and/or specific milestones by which progress can be measured and payments made.

b. Describe the techniques, approaches, and methods to be used in performing the services (tasks and sub-tasks) listed in Attachment 9 (Proposed Form of Agreement), Exhibit A, Scope of Work.

c. The work plan and schedule shall specify the estimated hours to accomplish each task and associated sub-tasks. Proposer’s schedule shall be a visual representation that shall show each task and sub-task and Proposer’s commitment to completion within the timeframes specified in Attachment 9 (Proposed Form of Agreement), Exhibit A, Scope of Work.

d. Provide the Comprehensive Community Engagement Strategy (CCES) Outline.

Purpose: The Comprehensive Community Engagement Strategy (CCES) Outline shall address and incorporate Caltrans Values of Engagement, Equity, Innovation, Integrity, and Pride to ensure adequate outreach with communities most impacted by structural racism and past harms. The CCES will utilize the Caltrans Equity Statement as a guide for conducting meaningful engagement and implementation of the programs and projects that positively impact the daily lives of the community.

Goal: Create collaborative engagement processes that are transparent, inclusive, and ongoing to identify priorities and strategies that advance racial equity in alignment with Caltrans values.

Outline:

i. Baseline – A project baseline establishes and measures progress towards the desired goals.

a. To be performed in Round 1, refer to Attachment 9, Proposed Form of Agreement, which is attached to this RFP as Exhibit A (Task 6.2.e) for a more complete description of services.

b. Shall gather existing conditions data and consider the following:

• What is currently being experienced by impacted communities?

• Using baseline data (e.g., freight/traffic volumes), health indicators, safety data, how does it affect every day experiences within impacted communities?

https://dot.ca.gov/about-caltrans https://dot.ca.gov/about-caltrans/equity-statement

• Does the study scope match with the community’s needs?

ii. Barriers – In the context of this project, barriers associated with truck weight restrictions may prevent full transportation accessibility and equity.

a. To be addressed in Rounds 1 and 2, see 6.2.e *SOW.

b. Shall gather data on what the barriers are from the perspective of the community.

iii. Opportunities – In the context of this project, determine pathways available to potentially be acted upon.

a. To be addressed in Round 2, see Task 6.2.e *SOW.

b. Shall review analyses, assumptions, and ground truth findings with community input, exploring what opportunities are possible through data collection and community input.

iv. Next steps – Determine future needs from the conclusions of the study project.

a. To be addressed in Round 3, see Task 6.2.e *SOW.

b. Presentation of study results and recommendations for community input.

7) Section 7. Facilities and Resources: Proposer shall:

a. Identify the location of the prime contractor and subcontractor’s headquarters and satellite office(s) and proposed methods of minimizing costs to Caltrans.

b. Describe the facilities, infrastructure, and resources available to the team.

Specifically, describe any modeling software resources available to the team.

c. Describe organizational flexibility in resource allocation to deal with potential unforeseen issues and circumstances, to complete the project on time.

d. Describe the organizational strategy and tools to facilitate, promote, and maintain effective team work internally, and with clients.

8) Section 8. References: Proposer shall provide at least two (2) references and a maximum of three (3) references. The references must be clients for whom the proposer has performed similar or related work in the past, preferably within the last five (5) years.

Each reference must be in the format listed in Attachment 2B.

B. Page Headers and Page Numbering

All pages of the Technical Proposal, including cover pages, Table of Contents, references, and resumes, shall have the following header and page numbering format in the upper right-hand corner:

Technical Proposal Date:

Agreement: 74A1544 Attachment 2 Page # of ##

C. Brochures, thumb drives, drawings, and other promotional documents being submitted with the Technical Proposals shall be clearly identified as to the name of the proposer and the RFP number.

5. Cost Proposal Requirements

A. Cost Proposal, and only the Cost Proposal, shall list all items that will be charged to Caltrans for this Agreement. Cost information of any kind for this Agreement is not allowed in the

Technical Proposal. Cost Proposal shall include both prime contractor and all subcontractors cost information. Cost Proposals shall follow the format provided in the sample Cost Proposal Worksheet, Attachment 1, and shall be submitted along with Technical Proposal in one (1) sealed envelope. The total amount of the Agreement may not exceed the amount set forth in Attachment 1. Any proposal in excess of $600,000.00 shall be deemed non-responsive.

B. An original proposal marked "ORIGINAL COPY" and one (1) pdf copy on a thumb drive is required for the Cost Proposal. Each Cost Proposal shall contain at a minimum, all required items listed below:

1) Cover page in the format listed on page 1 of Attachment 1, Cost Proposal Worksheet.

2) Prime Contractor’s cost breakdown in the format listed on page 2 of Attachment 1, Cost Proposal Worksheet.

3) Each subcontractor’s cost breakdown (separately) in the format listed on page 3 of Attachment 1, Cost Proposal Worksheet.

C. Page Headers and Page Numbering

All pages of the Cost Proposal, including cover pages, Table of Contents shall have the following header and page numbering format in the upper right-hand corner:

Cost Proposal Date Agreement No. 74A1544 Attachment 1 Page # of ##

6. California Civil Rights Laws

Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a State agency with respect to any contract in the amount of $100,000 or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, that they satisfy all of the conditions set forth in California Public Contract Code Section 2010 and they shall execute the California Civil Rights Laws Certification and submit with bid. The California Civil Rights Laws Certification (ADM-0076) must be downloaded https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076.

7. Darfur Contracting Act

A. The Darfur Contracting Act (Pub. Cont. Code Sections 10475-10481) applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code Section 10475. All bidders shall complete the Darfur Contracting Act Certification and submit with bid. The Darfur Contracting Act Certification (ADM-0077) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077.

B. If your company has not, within the previous three (3) years, had any business activities or other operations outside of the United States, complete Option 1 on the Darfur Contracting Act Certification.

C. A scrutinized company is a company doing business in Sudan as defined in Public Contract Code Section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076 https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077 proposal for a contract with a State agency for goods or services (Pub. Cont. Code Section 10477(a)).

D. Therefore, Public Contract Code Section 10478(a) requires a company that currently has (or within the previous three (3) years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency.

E. A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code Section 10477(b).

8. 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. “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 unless the contract has been Federalized (i.e.

there is federal participation in any phase). 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.

9. GenAI Disclosure

The State has developed a GenAI Reporting and Factsheet to be completed by the Bidder / Offeror / Contractor. Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor. Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure. Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

10. Standard Title VI/Nondiscrimination Assurances (DOT Order No. 1050.2A)

Caltrans, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

252, 42 USC Sections 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

11. Mandatory Organic Waste Recycling

The Contractor generating organic waste or commercial solid waste shall arrange for the recycling services required by this Section in a manner that is consistent with State and local laws and requirements, including a local ordinance or local jurisdiction's franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste.

This requirement does not modify, limit, or abrogate the contractor’s right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Section 42649.8 et seq.

https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf https://urldefense.com/v3/__https:/www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf__;!!LWi6xHDyrA!4uLXBV8ufFIF9N976VVjWt2Iau5IwjJlyEN7XNuKFsRUvT3wSkwXQb_qe6_pyBvVTh1mZu8IcXr7XpD0ocDKrc1MTzP7e7gYJs0y$

12. Submission of Proposal

A. Proposals should provide straightforward and concise descriptions of the proposer's ability to satisfy the requirements of this RFP. The proposal must be complete and accurate.

Omissions, inaccuracies or misstatements may be sufficient cause for rejection of a proposal or reduction in points/score during evaluation.

B. The original proposal must be single sided and marked "ORIGINAL COPY". All documents contained in the original proposal package must have original signatures and must be signed by a person who is authorized to bind the proposing firm. All additional proposal sets may contain photocopies of the original package.

C. Caltrans does not accept alternate Agreement language from a prospective contractor. A proposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC 04/2017) are not negotiable. The GTC 04/2017 may be viewed at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language.

D. All proposals shall include the documents identified in this RFP’s Required Attachment Checklist, Attachment 4. Proposals not including the proper "required attachments" may be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

E. Responses to this RFP shall be submitted in one (1) sealed package/envelope containing both the Technical Proposal – Original, and one (1) pdf copy on a thumb drive, and Cost Proposal – Original, one (1) pdf copy on a thumb drive.

F. Proposals must be submitted no later than 2:00 p.m., 08/02/2024, and addressed as follows (reference Section C1, Time Schedule):

Proposals received after this time and date will be rejected and returned unopened.

The proposal package/envelope must be plainly marked with the RFP number and title, your Firm Name, address, and must be marked with "DO NOT OPEN", as shown in the following example:

Agency/Firm Name Address RFP Number 74A1544 RFP Title: Interstate 580 Truck Access Study

Do Not Open

Proposals not submitted under sealed cover and marked as indicated may be rejected. If the proposal is made under a fictitious name or business title, the actual legal name of proposer must be provided.

G. Proposals must be submitted for the performance of all services described herein. Any deviation from the work specifications will not be considered and will cause a proposal to be rejected.

H. Proposals (Technical and Cost) must be sealed and labeled (as instructed below). Mail or deliver package to the following location:

Mailed or *Deliver To:

Department of Transportation Division of Procurement and Contracts Attention: Sushrey Nepal 1727 30th Street, MS 65 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Sacramento, CA 95816-7006

In the upper portion of the sealed mailing envelope, label outer package:

RFP Number: 74A1544 RFP Title: Interstate 580 Truck Access Study Firm Name: (Add firm name)

DO NOT OPEN

*If your proposal is hand delivered, you must date, and time stamp it immediately upon arrival. The date/time stamp machine is located in the lobby of the first floor to the right of the security guard station at the address noted above. After date/time stamping, proposals should be placed in the locked bid cabinet located below the time stamp. If the proposal package is too large to be electronically stamped, date/time stamp one (1) of the labels provided and attach it to the proposal package. When the proposal package is too large for the locked bid cabinet, ask the security guard to call the Division of Procurement and Contracts (DPAC) reception desk at (916) 227-6000 to have your proposal package picked up by DPAC staff.

I. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. Caltrans may reject a proposal that is not responsive, does not meet the technical standards, or is not from a responsible proposer, or may reject all proposals. Caltrans may also waive any immaterial deviation in a proposal.

Caltrans waiver of immaterial defect shall in no way modify the RFP document or excuse the proposer from full compliance with all requirements if the proposer is awarded the Agreement.

J. Costs for developing proposals and in anticipation of award of the Agreement are entirely the responsibility of the proposer and shall not be charged to the State of California.

K. Only an individual who is authorized to contractually bind the proposing firm shall sign the Proposal/Proposer Certification Sheet, Attachment 3. The signature must indicate the title or position that the individual holds in the firm. The proposer’s proposal may be rejected if the Proposal/Proposer Certification Sheet is not signed.

L. A proposer may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline. Proposal modifications offered in any other manner, oral or written, will not be considered.

M. A proposer may withdraw its proposal by submitting a written withdrawal request to Caltrans that is signed by the proposer or an authorized agent. A proposer may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

N. Caltrans may modify the RFP up to the specified time of the date fixed for submission of proposals by the issuance of an addendum to all parties who received a proposal package.

All addenda prior to the submission deadline are also posted on Cal eProcure at https://caleprocure.com/pages/index.aspx.

O. Caltrans reserves the right to reject all proposals for reasonable cause.

P. Proposers are cautioned to not rely on Caltrans during the evaluation to discover and report to the proposer any defects and errors in the submitted documents. Before submitting their documents, proposers should carefully proof them for errors and adherence to the RFP requirements.

Q. Where applicable, proposer should carefully examine work sites and specifications.

Proposer shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the https://caleprocure.com/pages/index.aspx agreement amount will be made due to a lack of careful examination of work sites and specifications.

R. More than one (1) proposal or a proposal that includes various options or alternatives from an individual, firm, partnership, corporation, or association under the same or different names, will be rejected. Reasonable grounds for believing that any proposer has submitted more than one (1) proposal for the work contemplated herein will cause the rejection of all proposals submitted by that proposer. If there is reason for believing that collusion exists among the proposers, none of the participants in such collusion will be considered in this or future procurements.

13. Evaluation Process

A. Format Requirements

1) At the time of proposal opening, each proposal will be checked for the presence and/or absence of required information in conformance with the submission requirements of this RFP. Proposals that do not provide requested information may be rejected as non-responsive.

2) Proposals that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the proposer, shall be rejected.

B. Evaluation of Proposals

1) Caltrans will evaluate each proposal to determine its responsiveness to Caltrans needs.

Proposals meeting the Minimum Qualifications will be further assessed by an evaluation committee. Technical Proposals and Oral Presentations of Proposers that are determined to be responsive will be rated by the evaluation committee using a consensus process. The Consensus scoring will be based on the scoring method listed below:

Evaluation Factor/Sub Factor Weight (as stated in the Criteria for Evaluation)

X Consensus Rating = Weighted Score

Consensus Rating (Range: 0-4)

Rating Definitions

4 Exceeded All Requirements

3 Partially Exceeded Requirements

2 Met All Requirements

1 Partially Met Requirements

0 Requirements Not Met

Example only: Weight Consensus

Rating Weighted

Score

Contractor's Approach to Technical Work

2 X 3 = 6

2) Phase 1: Technical Proposal Evaluation

Technical Proposals that are determined to be responsive and meet the proposal submission requirements will be evaluated and scored in accordance with Criteria for Evaluation of Proposer’s Technical Proposal, Attachment 5.

3) Phase 2: Oral Presentation and Evaluation

Factor/Sub Factor

Proposers will be contacted to schedule a date and time for the Oral Presentation. The Oral Presentations will be evaluated and scored in accordance with Criteria for Evaluation of Proposer’s Oral Presentation, Attachment 6. It is anticipated that the Oral Presentations will be held virtually.

4) Cost Proposal Evaluation

Cost Proposals that meet the proposal submission requirements will be evaluated and scored in accordance with Criteria for Evaluation of Proposer’s Cost Proposal, Attachment 7.

5) The final proposal score will be the combined evaluation scores from the Technical Proposal, Oral Presentation, Cost Proposal, any applicable preference points set forth in this RFP. The Agreement will be awarded to the Proposer with the highest combined score who meets the requirements outlined in this RFP, pending approval by Caltrans’ Business Enterprise Program, of that proposal’s satisfactory compliance of DBE requirements, Small Business participation and approval of any applicable Preference and Incentive Programs set forth in this RFP.

C. Miscellaneous Award Issues

Caltrans does not negotiate rates and/or costs listed on any Cost Proposal submitted for the RFP.

If no proposals are received containing bids offering a price, which in the opinion of Caltrans is a reasonable price, Caltrans is not required to award an Agreement (Pub.

Cont. Code Section 10344[d]).

The proposer is advised that should this RFP result in an award of an Agreement, the Agreement will not be in force and no work shall be performed until the Agreement is fully approved by Caltrans and the proposer is notified by the Contract Manager to begin work.

In the event of a precise tie, lots will be drawn to determine the successful proposer, or if applicable, the tie will be broken in accordance with Government Code Section 14838(f).

14. Pre-Award Audit

Prior to award of the Agreement, a pre-award audit may be performed. The pre-award audit will be conducted in accordance with generally accepted governmental auditing standards as promulgated by the United States General Accounting Office. The scope of the audit will consist of such tests as the auditors consider necessary to assure that the proposal satisfactorily meets the requirements outlined in Items 1-3 below prior to execution of the Agreement. Upon completion of a pre-award audit, if, in Caltrans judgment, one or more of these requirements is not satisfactorily met, Agreement award may be canceled.

A. At the time of the pre-award audit, the proposal must demonstrate through actual historical data that its accounting system is capable of accumulating and segregating reasonable, allocable, and allowable costs. For new businesses, if actual historical data is unavailable or the accounting system is newly implemented, the system will be tested to determine whether the accounting system is adequate and, if necessary, recommend that an interim audit be performed. At a minimum, the proposal must have an accounting system that meets the following objectives:

The ability to record and report financial data in accordance with generally accepted accounting principles and the Code of Federal Regulations (CFR), Title 48, Federal Acquisition Regulations System (FAR), Chapter 1, Part 31.

The ability to accumulate and segregate reasonable, allocable and allowable costs through the use of a cost accounting system.

A system of record keeping ensuring costs billed to Caltrans will be supported by adequate documentation and in compliance with the terms of the Agreement and applicable Federal and State regulations.

Procedures to retain accounting records and source documentation as required by the terms of the Agreement and applicable Federal and State regulations.

A system of internal control, which provides reasonable assurance that assets are protected; financial data, records and statements are reliable; and errors and irregularities are promptly discovered, reported and corrected.

B. The proposer must be financially capable of performing the work.

C. The costs proposed must be reasonable.

15. Award and Protest

A. Notice of Intent to Award shall be posted at Caltrans, 1727 30th Street, Sacramento, 95816 (1st floor Lobby display case), and on the following Internet site:

https://dot.ca.gov/programs/procurement-and-contracts/notices-of-intent-to-award for five (5) working days prior to awarding the Agreement.

B. Proposers have the right to protest the award of Caltrans Agreements subject to the following grounds, processes, and procedures.

If any proposer, prior to the award of Agreement, files a protest with Caltrans, Bid, Protest, and Dispute Branch, and the DGS, Office of Legal Services, on the grounds that the (protesting) proposer would have been awarded the Agreement had the Agency correctly applied the evaluation standard in the RFP, or if the Agency followed the evaluation and scoring methods in the RFP, the Agreement shall not be awarded until either the protest has been withdrawn or the State has decided the matter. It is suggested that you submit any protest by certified or registered mail to:

Department of Transportation Division of Procurement and Contracts Attention: Bid, Protest, and Dispute Manager 1727 30th Street, MS 65 Sacramento, CA 95816 Phone Number: (916) 639-6340 Email:

DPAC.Protest.Disputes.Terminations@dot.ca.gov

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor Suite 7-330 West Sacramento, CA 95605 Phone Number: (916) 376-5098 Email: OLSProtests@dsg.ca.gov

Within five (5) days after filing the initial protest, the protesting proposer shall file with Caltrans, Bid, Protest, and Dispute Unit, a full and complete written statement specifying the grounds for the protest. It is suggested that you submit this complete written statement by certified or registered mail.

C. Upon award of the Agreement, proposer must complete and submit to Caltrans the Payee Data Record (STD 204), to determine if the proposer is subject to State income tax withholding pursuant to California Revenue and Taxation Code Sections 18662. This form can be found on the Internet at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf.

No payment shall be made unless a completed STD 204 has been returned to Caltrans.

16. Disposition of Proposals

Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code Sections 6250 et seq.) and subject to review by the public. The State cannot prevent the disclosure of public documents. However, the contents of https://dot.ca.gov/programs/procurement-and-contracts/notices-of-intent-to-award mailto:DPAC.Protest.Disputes.Terminations@dot.ca.gov mailto:OLSProtests@dsg.ca.gov https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf all proposals, draft proposals, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a proposer's proposal, shall be held in the strictest confidence until the “Notice of Intent to Award” is posted. We recommend that you register the copyright for any proprietary material submitted.

17. Standard Conditions of Service

A. Service shall be available no sooner than the express date set by Caltrans and the proposer, after all approvals have been obtained and the Agreement is fully executed.

Should the proposer fail to commence work at the agreed upon time, Caltrans, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the proposer shall be liable to the State for the difference between proposer’s proposal price and the actual cost of performing work by the second lowest proposer or by another Contractor.

B. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

C. Antitrust Provisions

In submitting a bid to a public purchasing body, the proposer offers and agrees that if the proposal is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act, Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Bus. and Prof. Code), arising from purchases of goods, materials, or services by the proposer for sale to the purchasing body pursuant to the proposal. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the proposer (See Government Code Section 4552).

If the awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid.

Upon demand in writing by the assignor, the assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action (See Government Code Section 4554).

D. Loss Leader usage is prohibited in this solicitation: It is unlawful for any person engaged in business within this State to sell or use any article or product as a "loss leader" as defined in Section 17030 of the California Business and Professions Code. "Loss Leader" means any article or product sold at less than cost: a) where the purpose is to induce, promote or encourage the purchase of other merchandise; or b) where the effect is a tendency or capacity to mislead or deceive purchasers of prospective purchasers; or c) where the effect is to divert trade from or otherwise injure competitors.

E. No oral understanding or agreement shall be binding on either party.

F. If the proposer is awarded the Agreement and refuses to sign the Agreement presented for signature within the time and manner required, the proposer will be liable to Caltrans for actual damages resulting to Caltrans therefrom or 10 percent (10%) of the amount proposed, whichever is less.

D) Special Program(s)

The following Special Program(s) are applicable to this RFP.

Disadvantaged Business Enterprise (DBE) Program

For contracts with DBE Participation Goals

This solicitation and resultant Agreement are financed in whole or in part with Federal funds and therefore subject to Title 49, Code of Federal Regulations, Part 26 (49 CFR 26) entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." In compliance with 49 CFR 26, Caltrans set an overall annual DBE goal comprising both race neutral and race conscious elements. To ensure equal participation for DBE groups specified in 49 CFR 26.5, Caltrans specifies a contract goal for DBE participation.

The required goal for DBE participation in this solicitation is twenty-seven percent (27%).

To ensure applicable participation of the specified DBEs as defined in 49 CFR 26.5, this solicitation’s goal applies to all certified DBEs. Only certified DBE participation will count toward the Agreement goal for this solicitation. DBE participation will count toward Caltrans’ Federally mandated overall annual DBE goal. In order to ascertain whether its overall annual DBE goal is being achieved, Caltrans tracks DBE participation on all Federal-aid contracts.

It is the bidder’s responsibility to verify that the DBE firm is certified as a DBE by the specified bid submittal due date and time. For a list of DBEs certified by the California United Certification Program (CUCP), go to: https://dot.ca.gov/programs/civil-rights.

Proposer shall complete and submit Bidder/Proposer Disadvantaged Business Enterprise (DBE) Information (ADM 0227F) and/or Bidder/Proposer Disadvantaged Business Enterprise (DBE) Good Faith Efforts Documentation (ADM0312) for detailed information and the required…