RFQ_-_10203848_Final_.pdf

RFQ No. 10203848

Division of Engineering Architectural and Engineering Contract Program 715 P Street 4th Floor Sacramento, CA 95814

REQUEST FOR QUALIFICATIONS NO. RFQ No. 10203848 State Water Project Environmental Services

TO ALL PROSPECTIVE APPLICANTS

November 04, 2024

The Department of Water Resources (DWR), Division of Operations and Maintenance (O&M), Maintenance Environmental Assessment Branch, invites qualified firms to submit a Statement of Qualification (SOQ). The services to be provided will be environmental services, on an as needed and directed basis, to ensure O&M’s compliance with the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and other federal, State, and local laws and regulations for various SWP projects throughout the State of California.

Services will be provided to support O&M’s activities performed at various types of facilities and locations, as seen in Exhibit A. III. Location of Services.

The specific work and deliverables are identified in Exhibit A, Description of Services, and will support the Division of Operations and Maintenance, Environmental Assessment Branch.

This package contains Request for Qualifications (RFQ) No. 10203848. In submitting your SOQ you will comply with the instructions found herein. The SOQ must be received by 2:00 p.m. on December 05, 2024 at the address indicated in Section XI, Submission of SOQs of the enclosed RFQ.

The services to be provided may require that work be done independently or partnered with other DWR employees but always at the direction of the DWR.

The estimated term length for this agreement is July 1, 2025 through June 1, 2030 (five years).

DWR reserves the right to cancel or modify this RFQ up to the date and time the SOQ is due and to waive immaterial deviations with any of the SOQs. Additionally, DWR is not responsible for any preparation costs incurred by firms submitting an SOQ.

A copy of the State of California’s (State) General Terms and Conditions, Special Terms and Conditions for Department of Water Resources (Architectural and Engineering), and Additional Provisions (Exhibits C, D and E) are provided in this RFQ. These terms and conditions are NON-NEGOTIABLE. Any questions regarding these, or any other, terms and conditions MUST be addressed in writing during the question-and-answer period.

The Contractor Certification Clauses (available at:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language#@ViewBag.JumpTo), contain terms and conditions that may apply to person(s) doing business with the State, and that may apply to your agreement. If awarded the contract, you must sign and return Page One of the CCC 04/2017 prior to award.

The Certification must be renewed every three years and will be updated when the State makes revisions to the clauses.

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

DEPARTMENT OF WATER RESOURCES

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

Please see instructions in Section V of the enclosed RFQ on how to submit questions regarding services to be performed or submission requirements.

ATTENTION: SIGNIFICANT UPDATES TO THE REQUEST FOR QUALIFICATIONS (RFQ)

PROCESS ARE IDENTIFIED ON THIS COVER LETTER AND DESCRIBED FURTHER IN

THE ATTACHED RFQ. THIS RFQ CONTAINS REVISED LANGUAGE AND A NEW FORMAT.

PLEASE READ IN ITS ENTIRETY.

DUE TO NEW NEGOTIATION REQUIREMENTS, PARTICIPATION IN THIS SOLICITATION

REQUIRES MANDATORY ATTENDANCE AT THE PRE-SOQ CONFERENCE.

PLEASE NOTE THE FOLLOWING CHANGES:

1. A mandatory virtual pre-SOQ Conference specific to the new negotiations process will be held as stated in Section V - Mandatory Pre-SOQ Conference. Also, in RFQ Section V, directions are given for the Question-and-Answer period for non-negotiation related RFQ questions.

2. Section IX - Negotiation Process describes the updated negotiations process for DWR for Architectural & Engineering (A&E) contracts.

a. Negotiations will be based on a Firm’s (including subcontractor(s)) true and actual cost.

b. Negotiations will now require submission of company policies on how they compensate their employees.

3. Section XVII – Generative Artificial Intelligence (GenAI) Disclosure describes the GenAI disclosure requirements associated with submitting a Statement of Qualifications.

4. GenAI Disclosure & Factsheet (STD 1000) is a required form that must be submitted per Section VI – Statement of Qualification Requirements, of this RFQ.

5. Exhibit E, No. 9 - Substitutions of Personnel, contains revisions.

6. The following Exhibit E clauses are published as part of the RFQ and are non-negotiable items:

a. Exhibit E, No. 2 - Reimbursement Clause. The process of how to request short term excess lodging is now incorporated into this clause. *NOTE: Effective October 1, 2024, the State has adopted the federal standard and non-standard reimbursement lodging rates, as well as rates for Meals and Incidental Expenses.

Please click on the link within the Reimbursement Clause to view the new Federal reimbursement rates.

b. Exhibit, E, No. 18 - Profit (identifies published profit that will be calculated into fully loaded hourly rates).

c. Exhibit E, No. 19 - Escalation (identifies how escalation will be addressed).

d. Exhibit E, No. 20 - Mark-up (for subcontractor and other direct costs).

e. Exhibit E, No. 22 - Other Contracts with Similar Services.

TABLE OF CONTENTS

1. Request for Qualifications Section I - Authority Section II – Definitions for Purposes of this Solicitation Section III – Background Section IV - Purpose Section V - Questions and Answers/(Mandatory)Pre-SOQ Conference Section VI - Statement of Qualification (SOQ) Requirements Section VII - Selection Criteria Section VIII - Evaluation Process Section IX – Negotiation Process Section X - SOQ Conditions Section XI - Submission of SOQs Section XII - Time Schedule Section XIII - Contract Obligations Section XIV - Disabled Veterans Business Enterprise Requirement Section XV - Small Business Program Section XVI – Department of Industrial Relations Registration of Contractors and Prevailing Wage..17 Monitoring and Enforcement Section XVII – Generative Artificial Intelligence (GenAI) Disclosure…………………………………….17

2. Payee Data Record (Std. 204)

3. SOQ Checklist

4. Potential Qualified Firms Certification Sheet

5. Explanation of Items on Potential Qualified Firms Certification Sheet

6. References

7. GenAI Disclosure & Factsheet (STD 1000)…………………………………………………………………27

8. Sample Standard Agreement (Std. 213)

9. Exhibit A Scope of Work Attachment 1 – Sample Task Order Attachment 2 – Sample Task Order Budget Cost Detail

10. Exhibit B Budget Detail and Payment Provisions Attachment 1 – Rate Sheet Attachment 2 – Additional Payment Provisions

11. Exhibit C General Terms and Conditions

12. Exhibit D Special Terms and Conditions – Department of Water Resources Attachment 1 – Recycled Content Certification

13. Exhibit E Additional Provisions Attachment 1 – Standard Contract Provisions Regarding Political Reform Act Compliance Attachment 2 – Protection of Confidential and Sensitive Information Attachment 3 – Non-Disclosure Certificate

14. Exhibit FEMA Certificate Regarding Lobbying

I. Authority

The Department of Water Resources (DWR) is authorized to contract with qualified firms, as described in Government Code Section 4525(a), for the services listed in Government Code Section 4525(d), 4525(e), and 4525(f).

A. California Public Contract Code § 6106 B. Regulations adopted pursuant to Government Code Section 4526:

C. California Code of Regulations Title 23, Division 2, Chapter 1.7, Sections 380 through 391

II. Definitions For Purposes of this Solicitation

A. “DWR” means the Department of Water Resources.

B. The term “architectural and engineering (hereafter “A&E”) services” shall include all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform, including permitting and environmental studies, rights-of-way services, design phase services, construction phase services, public outreach and meeting facilitation related to the foregoing. “A&E services” shall not include legal services rendered to the Department, provided that nothing in these regulations shall prevent an A&E contractor from consulting legal counsel and including the fees as part of its reasonable overhead. (23 CCR § 381)

C. “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management. (23 CCR § 381)

D. “Submitter” means any individual, firm, partnership, corporation, association, or other legal entity that submits an SOQ to DWR in response to a Request for Qualifications.

E. “Bidder/Offeror” means Submitter.

F. For information regarding “subcontractors” or “subcontracting”, please reference

Exhibit D, No. 5 – Potential Subcontractors and Exhibit D, No. 6 – Subcontractors.

G. Key Personnel are individual(s) who are expected to perform key roles to meet contract requirements, including subcontractors. The Key Personnel composition shall be representative of the categories identified in Section VII, Selection Criteria. Key Personnel are expected to be utilized throughout the life of the contract(s) that result(s) from the RFQ. The Firm is required to identify the key personnel in their organization chart (see Section VI, Statement of Qualifications (SOQ) Requirements) with a symbol (i.e. such as a star or picture of a key).

H. Agreement also means Contract.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=4525.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=6106.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=4526.

https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IB819C6F05B6E11EC9451000D3A7C4BC3&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default) https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IB819C6F05B6E11EC9451000D3A7C4BC3&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)

I. “RFQ” is an acronym for Request for Qualifications, the solicitation document used to request a Statement of Qualifications of firms that perform A&E services (23

CCR § 381).

J. “SOQ” is an acronym for Statement of Qualifications, the response to an RFQ (23

CCR § 381).

III. Background

The Division of Operations and Maintenance (O&M), Environmental Assessment Branch participates in a number of projects in environmental planning and permitting at State Water Project (SWP) facilities. These projects include maintenance and construction activities that require environmental planning, permits, mitigation measures, and compliance activities.

IV. Purpose

This contract is to assist O&M in complying with the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and environmental permitting and compliance work required by federal, State, and local laws and regulations for SWP projects at various types of facilities and locations located throughout the State of California.

Please see Exhibit A, Scope of Work, for a description of services.

V. Mandatory Pre-SOQ Conference:

Virtual Meeting Information November 18, 2024 at 10:00 AM

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Dial in by phone +1 916-573-2034,,360970608# United States, Sacramento

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Prospective firms attending this mandatory pre-SOQ conference will receive information specific to the new negotiations process. At the time of selection, the most qualified firm will be instructed to submit their financial documents and rate sheet per Section IX.

Negotiations. The negotiations process will be discussed in further detail during the pre- SOQ Submittal Conference.

In the event a prospective firm is unable to attend the mandatory negotiation question and answer meeting, an authorized representative may attend on the prospective firm’s behalf. The representative may sign-in for only one (1) firm.

https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzMyNjAxZWEtMzFhYS00ZDNiLTg0YWUtY2RkMzRkZDk3MWRk%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%22c45c51a9-849e-4946-a5aa-e20dcd50ccc9%22%7d tel:+19165732034,,360970608 https://dialin.teams.microsoft.com/464bff6b-35d5-4089-a809-0d998fd161ce?id=360970608 https://teams.microsoft.com/meetingOptions/?organizerId=c45c51a9-849e-4946-a5aa-e20dcd50ccc9&tenantId=b71d5652-4b83-4257-afcd-7fd177884564&threadId=19_meeting_YzMyNjAxZWEtMzFhYS00ZDNiLTg0YWUtY2RkMzRkZDk3MWRk@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

Two Phase Question and Answer Period

General RFQ Questions and Answers

Questions must be submitted in writing via email by 11-15-2024 by 2:00 PM, to Marissa Sharp at Marissa.Sharp@water.ca.gov.

Answers regarding general RFQ questions will be provided via information letter/addendum on 11-21-2024.

Mandatory Pre-SOQ Conference

There will be a mandatory, virtual, negotiation question and answer meeting held on 11-18-2024 at 10:00 AM Negotiation follow-up questions must be submitted in writing via email by 5:00 PM on 11-18-2024 to Marissa Sharp at Marissa.Sharp@water.ca.gov.

No SOQ will be accepted unless Firm attends the mandatory Pre-SOQ Conference meeting.

At the Mandatory Pre-SOQ Conference all attendees will be required to identify their name, name of firm they represent, telephone number and email address.

Answers regarding Negotiations, Scope of Work and general RFQ questions will be provided via information letter/addendum on 11-21-2024.

Please note this mandatory pre-SOQ conference negotiation may not be recorded.

VI. Statement of Qualification (SOQ) Requirements

A. The SOQ should contain, at minimum, information for an objective evaluation of the Firm’s qualifications as it relates to Part VI, Selection Criteria. Please limit your SOQ to a maximum of 50 pages (25 sheets double sided) excluding cover letters, resumes, and licenses. Materials such as SOQ Checklist, Potential Qualified Firms

– Certification Sheet, References, Conflict of Interest Statement, Std. 1000, Certification Regarding Lobbying (See Exhibit FEMA), Table of Contents, Cover Sheets, tabs and dividers do not count towards the 50 pages. SOQs must be tabbed and labeled consistent with the below sections and contain the following information:

1. Introduction of Firm’s Team

a. Legal name and corresponding address of Firm, as written in the Potential Qualified Firms - Certification Sheet (see page 24).

b. Firm’s Point of Contact.

i. Name, Title, Name of Firm, Telephone Number and E-mail Address.

Provide contact information for a representative of the firm that DWR can contact for additional information.

c. Complete this section for the Firm and all subcontractors.

i. Firm Name and address, including subcontractor(s) names and addresses. If a firm has branch offices, indicate each individual branch that will have a key role on the team.

mailto:Marissa.Sharp@water.ca.gov mailto:Marissa.Sharp@water.ca.gov

ii. Describe the organization of the Firm’s team, including identifying the Key Personnel and each of their roles and responsibilities as it relates to the services found in Exhibit A, Scope of Work.

iii. Organizational Chart. The Firm is required to identify key personnel, including subcontractor(s), in their organizational chart with a symbol (e.g. such as a star or a key). Limited to 3 pages folded to 8-1/2” x 11”, not to exceed 11” x 17”.

iv. Staff Availability. The Firm will provide a table or a graph (bar chart, pie chart, etc.) showing the percentage of staff availability of the team proposed to work on the contract.

v. Firm, including subcontractor(s) registration numbers with the California Department of Industrial Relations (If applicable).

2. Qualifications of Firm’s Key Personnel (Includes Subcontractors)

a. Describe the education and experience of the Key Personnel corresponding with Section VII, Selection Criteria, Paragraph A.

b. Provide resumes of all Key Personnel on organizational chart and expected to be utilized. List no more than 10 projects per resume, not to exceed five pages. For each example project listed in the resumes, include the length of time spent on each project (month/year to month/year).

c. All proposed personnel to be utilized will be grouped by Firm. Personnel resumes shall be arranged by classification and numbered for each individual firm.

d. The following licenses and certifications are required:

i. Pest Control Advisor

ii. Secretary of Interior Professional Qualified Staff Standards

iii. Qualified Stormwater Practitioner and Developer

3. Firm’s Team Project Experience

a. Provide at least 5, at most 10, example projects that best illustrate the

Firm’s competencies and qualifications as they relate to the services found in Exhibit A, Scope of Work. The example projects, which best illustrate the proposed team’s competencies and qualifications for the contract, will represent services performed by individuals from the Firm, including subcontractors, available to do the work and listed on the Organizational Chart.

The example projects should demonstrate the Firm’s competency and experience in the following:

i. Environmental knowledge and experience relating to hydropower development, including pertinent infrastructure (dams canals, pipelines, pumping plants, and other related facilities)

ii. CEQA/NEPA Expertise – A thorough understanding of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) will be of critical importance in the selection of the Contractor.

iii. CESA/ESA Expertise – A thorough understanding of the California Endangered Species Act and the federal Endangered Species Act, including Habitat Conservation Plans will be of critical importance in the selection of the Contractor.

iv. Environmental Compliance Document Preparation – Contractor must demonstrate knowledge and experience of all State and federal environmental compliance documents.

v. Historic/Cultural Resource Assessment – Contractor’s team must demonstrate knowledge and experience in cultural resource surveys and investigations, including prehistoric and evaluation of architectural and historical building, structure, facility design. Knowledge of all applicable state historic preservation laws and consultative procedures will be essential to the Contractor’s team. Contractor must have experience in pre-construction survey techniques for subsurface historic and/or archaeological resources, and construction monitoring experience. Contractor must be familiar with the federal Section 106 historic consultation process. Contractor must be familiar with State and Federal Tribal Consultation policies and practices.

vi. Natural Resource Assessment – Contractor’s team must demonstrate knowledge and experience in conducting habitat assessments, protocol level assessments of special status species, habitat evaluations, site assessments, and wetland delineations. Contractor’s team must have the ability to address State and federal statutory requirements and standards in preparing all environmental documentation and mitigation measures. Contractor’s team must have knowledge and experience in the successful coordination and consultation with State and federal resource agencies to resolve environmental concerns.

vii. Water Quality - Contractor’s team must demonstrate knowledge and experience in performing water quality studies and supporting the compliance with all State and federal regulations relating to water quality.

viii. Environmental Monitoring – Contractor’s team must demonstrate knowledge and experience in environmental monitoring for construction, maintenance, or emergency response projects.

ix. Regulatory Compliance Support and Management – Contractor’s team must demonstrate knowledge and experience in developing regulatory compliance strategies and supporting multiple projects simultaneously.

x. Mitigation and Restoration Projects - Contractor’s team must demonstrate knowledge and experience in developing mitigation and restoration projects, supporting the creation of conservation easements, and negotiating mitigation agreements.

xi. Project Management which includes monitoring the availability and scheduling of contract staff – The availability of the Contractor’s staff to begin work immediately on various contract tasks, during emergency situations, will also be an important selection factor. DWR recommends the SOQ clearly delineate the person(s) that will be responsible for directing the environmental services team and their relevant experience in such a role.

xii. Negotiation and Facilitation – A demonstrated ability to facilitate public and Resource Agency meetings and provide negotiation strategies for environmental compliance concerns.

4. Certification Sheets

a. Provide the Potential Qualifying Firms Certification Sheet (see page 24) signed by an individual who is authorized to bind the firm contractually.

The signature must indicate the title or position that the individual holds in the firm. The Certification Sheet must be returned in the SOQ package. A SOQ will be rejected if the certification sheet is unsigned or omitted.

b. Generative Artificial Intelligence (GenAI) Disclosure (STD 1000) – Provide a complete STD 1000 to notify the State in writing if the Submitter’s solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. (see page number 27)

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Submitter and 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 nondisclosure. Upon receipt of a Submitter’s GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject an SOQ that present an unacceptable level of risk to the State.

c. The Certificate Regarding Lobbying (see Exhibit FEMA, page 5 of 7) must be signed by the Contractor’s authorized official. The name and title of the Contractor’s authorized official signing the Certification must be identified.

The Certification must be returned in the SOQ package. An SOQ will be rejected if the certification is unsigned or omitted.

5. References

a. Provide five references for similar types of services within the last five years. At a minimum, complete references form on page 26. At least three of the provided references must be non-DWR.

6. Conflict of Interest Statement

a. Firm will identify any of the conditions listed in and state their ability to meet the terms and conditions addressed in Exhibit D – Conflict of Interest, and Exhibit E, Political Reform Act.

VII. Selection Criteria

A. Each Firm’s SOQ for this proposed contract service will be evaluated and scored in accordance with the below selection criteria. These criteria will also be used during the interview process.

1. Professional qualifications, demonstrated competence, training, education, and experience of the Firm in relation to the work to be performed, including appropriate licenses. Each SOQ should clearly delineate and address the firm’s relevant experience and how that experience fulfills the requirements of the work.

a. Demonstrated experience with the environmental review and permitting for large hydropower infrastructure.

b. Has five or more senior-level biologists or environmental scientists with a combination of background in the following:

i. Sensitive and/or potential critical habitats.

ii. Site assessments, including rare plant surveys, and protocol level species surveys.

iii. State and federally listed plant and animal species, and other sensitive species.

iv. Potential wetlands and jurisdictional waters, including standard wetland delineations, and familiarity with arid west protocols.

v. Environmental and mitigation monitoring.

vi. Mitigation and restoration site planning and implementation.

vii. Pre-construction surveys and construction monitoring

viii. Other sensitive biological resources found in the subject Field Divisions.

ix. Environmental permitting and compliance.

x. Natural resources planning and regulatory compliance.

xi. Renewable power projects siting and transmission route review.

xii. Water quality analysis and response.

xiii. Invasive species management and control

xiv. Possession of relevant professional licenses or certifications

1) Pest Control Advisor

2) Qualified Stormwater Practitioner and Developer

c. Has one or more cultural resources specialists with background in the following:

i. Cultural resource surveys, assessment, and monitoring

ii. Architectural and historical evaluation of buildings, structures, or facilities

iii. Prehistoric and archaeological resources

iv. Possession of relevant professional licenses or certifications

1) Secretary of Interior Professional Qualified Staff Standards

d. Has one (1) or more staff with strong project management expertise as it relates to providing professional and technical environmental services.

2. Professional experience and training of key personnel.

3. Has offices or staff in close proximity to the proposed work throughout the State Water Project.

4. Nature and quality of applicable completed work.

5. Reliability of firm and continuity of proposed firm's staff and subcontractors with the firm.

6. Firm’s workload and demonstrated ability to meet DWR’s potential needs, including ability to adequately service multiple projects concurrently.

VIII. Evaluation Process

A. After the SOQ submittal date and time, each SOQ will be checked for the presence or absence of required information in conformance with Section VI, Statement of Qualification (SOQ) Requirements. If any required information is absent, the SOQ may be rejected. DWR reserves the right to cancel or modify this RFQ up to the date and time the SOQ is due and to waive immaterial deviations with any of the SOQs.

B. A panel of DWR personnel will evaluate the SOQs in accordance with the published Selection Criteria in this RFQ. All submitted SOQ’s will be scored by the panel.

Separate interviews will then be held with at least three of the firms deemed to be the most highly qualified to provide the needed services or with all firms if less than three apply. If any presentations are required to be made, the presentation’s cost will be the responsibility of the Firm. No reimbursement will be made by DWR.

C. Once the most qualified has been selected by the DWR panel, DWR will notify that respective Firm.

IX. Negotiations

A. The DWR negotiation process will be based on: Firm’s actual cost with a fixed profit rate that has been established by DWR. See Exhibit E, Additional Provisions for the published profit rate, the annual escalation for the hourly billing rates, and subcontractor mark-up for this contract.

B. At time of selection, the most qualified firm will be instructed to submit their financial documents and rate sheet. The Firm’s submission must be electronic and must be submitted no later than five (5) business days after notification of selection or otherwise determined by DWR. Financial documents will include resumes for all personnel; true and actual payroll records; financial records that support fringe benefits, overhead costs, and general administration; documentation or records that support costs incurred by utilizing subcontractors; historical and true records of other direct cost charges; and compensation policies. Compensation policies will include shift differential policies, holiday policies, and how the Firm’s personnel and subcontractor personnel receive compensation for overtime (hours worked over an established work week). The specific financial documents and format of the rate sheet will be identified during the Mandatory Pre-SOQ Conference (see Section V) and when the most qualified firm gets notified of selection. The prime Firm will be responsible for submitting the complete financial documents for their personnel, including any subcontractors. Submissions of the Firm’s rate sheet must be provided electronically to DWR on a Microsoft Excel spreadsheet titled RFQ No.

10203848 followed by the name of the Firm as it appears on SOQ. Failure to submit a complete financial documents package or rate sheet may result in termination of negotiations.

C. After the financial documents and rate sheet have been received, DWR will begin to review the documentation to ensure the documents are complete and requested reimbursement is appropriate. Discussions with the most qualified applicant regarding the submitted financial documents, rate sheet, and resumes will occur after DWR’s review in order to determine a cost that is fair and reasonable to the State. Any missing documentation or comments from DWR will need to be resolved timely; see Section XII, Time Schedule. If DWR is unable to successfully negotiate a cost agreement with the most qualified Firm, negotiations will begin with the next most qualified Firm, and so on. If DWR is unable to negotiate a fair and reasonable cost with any Firm, DWR may elect not to award the contract and may elect to proceed with a new solicitation.

D. Unsuccessful Firm’s will be notified by DWR following award of the contract.

E. Nothing in this RFQ shall require DWR to award a contract.

X. SOQ Conditions

In addition to Section VII, Selection Criteria and Section VIII, Evaluation Process, the following SOQ conditions apply:

A. A.Firms must keep the interview selection, interview content, most qualified selection, and contract negotiations confidential until the contract is awarded.

B. Evaluations will be available for public inspection at the conclusion of the selection and award process under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

C. DWR considers confidential financial information provided by firms as a part of negotiations to not be subject to the Public Records Act.

D. D. 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. By submitting a bid or proposal a Statement of Qualifications (SOQ), 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 SOQ any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

XI. Submission of SOQs

A. A.Three hard copies and one (1) text readable pdf copy on a USB Flash Drive of the

SOQ must be submitted (mailed or hand delivered) to the following addresses:

Mail: Overnight or Hand Delivery:

Department of Water Resources Department of Water Resources Division of Engineering Division of Engineering Attention: Marissa Sharp Attention: Marissa Sharp P. O. Box 942836 715 P Steet, 4th Floor Sacramento, CA 94236-0001 Sacramento, CA 95814 Phone: (916) 642-2887 Phone: (916) 642-2887

B. The SOQs must be received by 2:00 pm on December 05, 2024. Envelopes should be clearly labeled: “Statement of Qualifications, No. 10203848. SOQs WILL NOT BE OPENED UNTIL 2:00 PM on December 05, 2024.” SOQs received after https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gov.ca.gov%2Fwp-content%2Fuploads%2F2022%2F03%2F3.4.22-Russia-Ukraine-Executive-Order.pdf&data=05%7C01%7C%7C28a4c28038ae446efda008da6679d6cf%7Cb71d56524b834257afcd7fd177884564%7C0%7C0%7C637934970719385209%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=UrRQWpdi0r26m4VTb2rnqz66qeF%2BBB%2B4Yk3HtTmfPpY%3D&reserved=0 the due date and time will be returned unopened to the submitting party.

C. DWR is not responsible for any costs incurred by the Firms’ for preparation of

SOQs.

D. All materials (except brochures) submitted in response to this RFQ shall become State property and will not be returned. Brochures of non-selected Firm’s may be picked up where they were submitted after award has been made.

E. An SOQ may be rejected if it is conditional or incomplete, or if it contains any proposed alternate terms, alterations of form, or other irregularities of any kind.

The State may reject all SOQs and may cancel or modify this RFQ up to the date the SOQ is due. DWR reserves the right to reject all SOQs.

F. Before the SOQ submission deadline, a Firm may withdraw its SOQ by submitting a written withdrawal request to the State, signed by the Firm or an agent authorized in accordance with the preceding paragraph. A Firm may thereafter submit a new SOQ prior to the SOQ submission deadline. SOQs may not be revised without good cause and DWR’s consent subsequent to SOQ submission deadline.

G. DWR may modify the RFQ prior to the date fixed for submission of SOQs by the issuance of an addendum posted to California State Contracts Register via Cal eProcure (FI$Cal).

H. Firms are cautioned not to rely on DWR, during the evaluation, to discover and report any defects and errors in the submitted documents. Firms, before submitting their documents, should carefully proof them for errors and adherence to the RFQ requirements. DWR may, but is not required to, waive minor deviations from submission requirements.

XII. Time Schedule*

A. RFQ published CSCR 11-04-2024 Integrated Marketing System 11-04-2024

B. SOW and General RFQ Questions Deadline 11-15-2024 by 2:00 PM

C. Mandatory Pre-SOQ Conference 11-18-2024 at 10:00 AM

D. Answers Deadline 11-21-2024

E. SOQ Submission Deadline 12-05-2024 by 2:00 PM

DWR will make every effort to commit to the dates listed below. DWR expects the same commitment from firms. If a firm is not able to meet the timelines listed below F – M, DWR may opt to begin negotiations with the next most qualified firm. DWR reserves the right to change the dates:

F. Interview Dates (estimated dates) 01-06-2025 – 01-10-2025

G. Most qualified Firm is selected and request of Financial Documents and Rate Sheet (estimated date) 01-15-2025 **Start of Negotiations

H. Submission of Financial Documents and Rate Sheet Due (estimated date, 5 days after selection) 01-23-2025

I. DWR Completes Review of Financial Documents and Rate Sheet; DWR Provides Comments and Requests Missing Information (estimated date) 01-13-2025

J. Submission of resumes for all staff, if needed

(estimated date, 3 days after DWR completes review) 01-30-2025

K. Submission of requested documentation necessary to complete negotiations (estimated date, 3 days after DWR completes review) 02-04-2025

L. Completion date for final Rate Sheet (estimated date) 02-11-2025

M. Completion date for contract negotiations (estimated date) 02-11-2025

N. Contract approval (estimated date) 02-27-2025

**Negotiation Workshop: After the most qualified is determined and financial documentation has been received, DWR will start rate negotiations. A negotiation workshop may be held if necessary to complete the negotiation process.

XIII. Contract Obligations

A. The following documents, when completed and approved, along with the resume(s) will comprise the contract (sample contract starting on page 30):

1. A Standard Agreement (STD. 213).

2. Scope of Work in Exhibit A and any corresponding attachments.

3. Budget Detail and Payment Provisions in Exhibit B and any corresponding attachments.

4. General Terms and Conditions in Exhibit C.

5. Special Terms and Conditions for the Department of Water Resources in

Exhibit D and any corresponding attachments.

6. Additional Provisions listed in Exhibit E and any corresponding attachments.

7. Required Provisions Under Code of Federal Regulations in Exhibit FEMA.

B. The following documents are not exhibits, but are required prior to award of contract:

1. Contractor Certification Clause (CCC 04/2017)

2. Payee Data Record (Std. 204)

3. Insurance certificates and endorsements as stated in Exhibit E.

XIV. Disabled Veteran Business Enterprise (DVBE) Requirement

A. Firms are strongly encouraged to provide certification of Disabled Veterans

Business Enterprise (DVBE) status. DVBE certification may be obtained from the Department of General Services, Office of Small Business and DVBE Services (OSDS), and should be attached to the SOQ if DVBE status is claimed. DVBE participation is not required and in no way affects the selection process criteria for this contract.

B. For additional DVBE information DWR encourages you to work with and contact Joanne Arcilla, Small Business and DVBE Program Manager at (916) 707-4593 or via email at SB.DVBE@water.ca.gov.

XV. Small Business (SB) Program

A. In recognition of the significant economic contribution made by California’s small business sector, Government Code 14838 (a) mandates each California agency and department to meet an annual California Small Business participation goal of 25 percent of non-governmental procurements. This goal is achieved through contract awards made directly to the Small Business community or through subcontracted partnerships between Prime firms and California certified small businesses. DWR strongly encourages Prime Firms to partner with California certified Small Businesses in response to this solicitation. Firms that include California certified small businesses as an initial team member, or those which are added subsequent to contract execution through the amendment or task order process, are required to identify the Small Business firm status of each firm as appropriate and will be required to report expenditures made to these business concerns. This will allow DWR to track, tabulate and report overall expenditures made in the Small Business sector as required by the Department of General Services.

B. For additional DVBE information DWR encourages you to work with and contact Joanne Arcilla, Small Business and DVBE Program Manager at (916) 707-4593 or via email at SB.DVBE@water.ca.gov.

mailto:SB.DVBE@water.ca.gov https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fleginfo.legislature.ca.gov%2Ffaces%2Fcodes_displaySection.xhtml%3FsectionNum%3D14838.%26lawCode%3DGOV&data=05%7C01%7C%7Ce37584d997f047245a2608db99e16991%7Cb71d56524b834257afcd7fd177884564%7C0%7C0%7C638272965640869848%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=A2acIySFo1oRvViSicW18%2B1jzyM9DBtB9qi4tMsTOIc%3D&reserved=0 mailto:SB.DVBE@water.ca.gov

XVI. Department of Industrial Relations Registration of Contractors and Prevailing

Wage Monitoring and Enforcement

A. In addition to complying with other applicable laws, effective for all submissions of

Statement of Qualifications (SOQs), that include public works, received on or after March 1, 2015, each Firm submitting an SOQ for such contract work must be a Department of Industrial Relations Registered Contractor pursuant to Labor Code Section 1725.5 (“DIR registered contractor”). A Firm that is not a DIR registered contractor when submitting an SOQ for the contract work is deemed “not qualified.” Pursuant to Labor Code Section 1725.5, all subcontractors performing public works shall also be DIR registered contractors.

B. Effective for contracts that include public works awarded on or after April 1, 2015, all awarded prime contractors, and all subcontractors of any tier, performing public works shall be DIR registered contractors. Also, all such contractors and subcontractors must furnish electronic certified payroll records, for work that is considered “public works” under Labor Code Sections 1720 et seq., directly to the Labor Commissioner (of the Division of Labor Standards Enforcement). The contracts are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

XVII. Generative Artificial Intelligence (GenAI) Disclosure

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

B. Submitters must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

C. The State has developed a GenAI Disclosure & Factsheet to be completed by the Submitters.

D. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Submitter and 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 Submitter GenAI Disclosure & Factsheet, the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject Submitters that present an unacceptable level of risk to the State.

SOQ CHECKLIST

Please submit the following items in your SOQ in the order listed below. Additionally, the SOQ will not be considered responsive unless the following documents are included in your SOQ Submission.

DWR reserves the right to waive immaterial deviations:

Introduction of Firm’s Team

Legal name and corresponding address of Firm, as written in the Potential Qualified Firms - Certification Sheet (see page 24). Firm’s Point of Contact.

_ Name, Title, Name of Firm, Telephone Number and E-mail Address. Provide contact information for a representative of the firm that DWR can contact for additional information.

Complete this section for the Firm and all Subcontractors:

Firm Name and address, including subcontractor(s) names and addresses. If a firm has branch offices, indicate each individual branch that will have a key role on the team.

Describe the organization of the Firm’s team, including identifying the Key Personnel and each of their roles and responsibilities as it relates to the services found in Exhibit A, Scope of Work

Organizational Chart. The Firm is required to identify key personnel, including subcontractor(s), in their organizational chart with a symbol (e.g. such as a star or a key). Limited to 3 pages folded to 8-1/2” x 11”, not to exceed 11” x 17”.

Staff Availability. The Firm will provide a table or a graph (bar chart, pie chart, etc.) showing the percentage of staff availability of the team proposed to work on the contract

Firm, including subcontractor(s) registration numbers with the California Department of Industrial Relations (If applicable).

Qualification of Firm’s Key Personnel

Describe the education and experience of Key Personnel corresponding with Section VII, Selection Criteria, Paragraph A.

Resumes of all Key Personnel on organizational chart and expected to be utilized. List no more than 10 projects per resume, not to exceed five pages. For each example project listed in the resumes, include the length of time spent on each project (month/year to month/year).

All proposed personnel to be utilized will be grouped by Firm. Personnel resumes shall be arranged by classification and numbered for each individual firm

Copies of valid professional (type) license/registration/certification

Pest Control Advisor

Secretary of Interior Professional Qualified Staff Standards

Qualified Stormwater Practitioner and Developer

Firm’s Team Project Experience

Provide at least 5, at most 10, example projects to illustrate Firm’s competencies and qualifications. as they relate to the services found in Exhibit A, Scope of Work. The example projects, which best illustrate the proposed team’s competencies and qualifications for the contract, will represent services performed by individuals from the Firm, including subcontractors, available to do the work and listed on the Organizational Chart.

The example projects should demonstrate the Firm’s competency and experience in the following:

i. Knowledge and experience of hydropower developments, including pertinent infrastructure (dams canals, pipelines, pumping plants, and other related facilities)

ii. CEQA/NEPA Expertise – A thorough understanding of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) will be of critical importance in the selection of the Contractor.

iii. CESA/ESA Expertise – A thorough understanding of the California Endangered Species Act and the federal Endangered Species Act, including Habitat Conservation Plans will be of critical importance in the selection of the Contractor.

iv. Environmental Compliance Document Preparation – Contractor must demonstrate knowledge and experience of all State and federal environmental compliance documents.

v. Historic/Cultural Resource Assessment – Contractor’s team must demonstrate knowledge and experience in cultural resource surveys and investigations, including prehistoric and evaluation of architectural and historical building, structure, facility design. Knowledge of all applicable state historic preservation laws and consultation procedures will be essential to the Contractor’s team.

Contractor must have experience in pre-construction survey techniques for subsurface historic and/or archaeological resources, and construction monitoring experience. Contractor must be familiar with the federal Section 106 historic consultation process. Contractor must be familiar with State and Federal Tribal Consultation policies and practices.

vi. Natural Resource Assessment – Contractor’s team must demonstrate knowledge and experience in conducting habitat assessments, protocol level assessments of special status species, habitat evaluations, site assessments, and wetland delineations. Contractor’s team must have the ability to address State and federal statutory requirements and standards in preparing all environmental documentation and mitigation measures. Contractor’s team must have knowledge and experience in the successful coordination and consultation with State and federal resource agencies to resolve environmental concerns.

vii. Water Quality - Contractor’s team must demonstrate knowledge and experience in performing water quality studies and supporting the compliance with all State and federal regulations relating to water quality.

viii. Environmental Monitoring – Contractor’s team must demonstrate knowledge and experience in environmental monitoring for construction, maintenance, or emergency response projects.

ix. Regulatory Compliance Support and Management – Contractor’s team must demonstrate knowledge and experience in developing regulatory compliance strategies and supporting multiple projects simultaneously.

x. Mitigation and Restoration Projects - Contractor’s team must demonstrate knowledge and experience in developing mitigation and restoration projects, supporting the creation of conservation easements, and negotiating mitigation agreements.

xi. Availability, Schedule and Project Management – The availability of the Contractor’s staff to begin work immediately on various contract tasks, during emergency situations, will also be an important selection factor. DWR recommends the SOQ clearly delineate the person(s) that will be responsible for directing the environmental services team and their relevant experience in such a role.

xii. Negotiation and Facilitation – A demonstrated ability to facilitate public and Resource Agency meetings and provide negotiation strategies for environmental compliance concerns.

Certification Sheets

Potential Qualified Firms Certification Sheet (signed by Firm’s authorized individual) signed by an individual who is authorized to bind the firm contractually. The signature must indicate the title or position that the individual holds in the firm. The Certification Sheet must be returned in the SOQ package. A SOQ will be rejected if the certification sheet is unsigned or omitted.

Generative Artificial Intelligence (GenAI) Disclosure (STD 1000) (signed by Firm’s authorized individual)

Certification Regarding Lobbying (Page 5 of Exhibit FEMA) (Signed by Firm’s authorized individual) must be signed by the Contractor’s authorized official. The name and title of the Contractor’s authorized official signing the Certification must be identified. The Certification must be returned in the SOQ package. An SOQ will be rejected if the certification is unsigned or omitted.

Section 5 – References

Provide five references for similar types of services within the last five years. At a minimum, complete references form on page 26. At least three of the provided references must be non-DWR.

Section 6 - Conflict of Interest Statement that identifies any of the conditions listed in and states the Firm’s ability to meet the terms and conditions addressed in Exhibit D – Conflict of Interest, and Exhibit E, Political Reform Act.

Firm will identify any of the conditions listed in and state their ability to meet the terms and conditions addressed in Exhibit D – Conflict of Interest, and Exhibit E, Political Reform Act.

Please return a completed copy of this checklist with your SOQ.

POTENTIAL QUALIFIED FIRMS - CERTIFICATION SHEET

State Water Project Environmental Services – RFQ No. 10203848

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