RFQ15-108_Fresno_-_Bakersfield_Environmental_Services_Final.pdf

Request for Qualifications for Environmental Services for the Fresno to Bakersfield Project Section RFQ No.: HSR15-108

January 6, 2016

California High-Speed Rail Authority RFQ No.: HSR15-108

Page i of iii Request for Qualifications for Environmental Services for the Fresno to Bakersfield Project Section

Table of Contents

INTRODUCTION AND PURPOSE OF SOLICITATION

1.0 CALIFORNIA HIGH-SPEED RAIL AUTHORITY

2.0 PURPOSE AND OVERVIEW OF RFQ

2.1 DEFINITIONS

2.2 ACRONYMS

INSTRUCTIONS TO OFFERORS

3.0 PROCUREMENT SCHEDULE AND PROCESS

3.1 AUTHORITY’S DESIGNATED POINT OF CONTACT

3.2 Addenda to Request for Qualifications

3.3 Non-Commitment of Authority

3.4 Property Rights

3.5 Improper Communications and Contacts

3.6 ORGANIZATIONAL CONFLICTS OF INTEREST

3.7 CONFIDENTIALITY

3.8 THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

4.0 SUBMITTAL OF THE STATEMENT OF QUALIFICATIONS

4.1 STATEMENT OF QUALIFICATIONS SUBMITTAL INFORMATION

4.2 Late Submittals

4.3 Modification or Withdrawal of SOQs

STATEMENT OF QUALIFICATIONS

5.0 BACKGROUND FOR THE RFQ

5.1 SUMMARY FROM SCOPE OF WORK

6.0 STATEMENT OF QUALIFICATIONS REQUIREMENTS

6.1 GENERAL REQUIREMENTS

6.2 TRANSMITTAL LETTER

6.2.1 MINIMUM QUALIFICATIONS

6.3 EXECUTIVE SUMMARY

6.4 CONTENTS OF THE SOQ

6.4.1 PAST PERFORMANCE AND EXPERIENCE

6.4.1.1 REFERENCES

6.4.2 ORGANIZATION AND KEY PERSONNEL

6.4.2.1 ORGANIZATION CHART

6.4.2.2 STAFFING PLAN

6.4.2.3 KEY PERSONNEL AND ROLES

6.4.2.4 OTHER EXPERTISE

RFQ No.: HSR15-108 California High-Speed Rail Authority

Page ii of iii

6.4.3 UNDERSTANDING OF PROJECT ELEMENTS AND REQUIREMENTS

6.4.4 SMALL BUSINESS PARTICIPATION

7.0 EVALUATION AND NEGOTIATION

7.1 STATEMENT OF QUALIFICATIONS REVIEW

7.2 STATEMENT OF QUALIFICATIONS

7.3 DISCUSSIONS

7.4 FINAL SCORING

7.5 CONTRACT NEGOTIATION PROCESS

7.6 UNSUCCESSFUL OFFERORS

8.0 PROTEST PROCEDURES

8.1 APPLICABILITY

8.2 REQUIRED EARLY COMMUNICATION FOR CERTAIN PROTESTS

8.3 DEADLINES FOR PROTESTS

8.4 CONTENT OF PROTEST

8.5 FILING OF PROTEST

8.6 BURDEN OF PROOF

8.7 DECISION ON PROTEST

8.8 LIMITATION ON THE AUTHORITY’S LIABILITY

List of Tables Table 1: Key RFQ Dates: 7

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

List of Attachments Attachment A: Minimum Qualifications Checklist

Attachment B: Criteria for Awarding Points for the Proposal

Attachment C: Criteria for Evaluation of Discussions

Attachment D: Sample Contract, including Scope of Work

Page iii of iii

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

Form B: Organizational Conflicts of Interest Disclosure Statement

Cert. 1: Certification Regarding Miscellaneous State Requirements

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

Cert. 3: Iran Contracting Certification

Cert. 4: Darfur Contracting Act Certification

Cert. 5: Major Participant Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Certification

Cert. 6: Subcontractor Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Certification

Cert. 7: Non-Collusion Affidavit

Cert. 8: Equal Employment Opportunity Certification

Cert. 9: Non-Discrimination Certification

Cert. 10: Certification Regarding Lobbying

INTRODUCTION AND PURPOSE OF SOLICITATION

1.0 California High-Speed Rail Authority

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

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

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

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

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

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

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

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

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

http://www.hsr.ca.gov/About/Business_Plans/2014_Business_Plan.html http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001-1050/sb_1029_bill_20120718_chaptered.pdf http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001-1050/sb_1029_bill_20120718_chaptered.pdf http://www.hsr.ca.gov/About/Business_Plans/2014_Business_Plan.html

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

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

2.0 Purpose and Overview of RFQ

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

• The California High-Speed Rail Authority (Authority) is issuing this RFQ to receive Statements of Qualifications (SOQs) from qualified firms (Offeror) for Environmental Services for the Fresno to Bakersfield project section. The purpose of this RFQ is to award one contract to the successful Offeror (Consultant) to provide environmental services, including but not limited to, CEQA/NEPA documentation, environmental re-examination and/or reevaluation, permitting, and environmental compliance during construction, for the Fresno to Bakersfield project section.

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

• The term of the contract resulting from this RFQ will be five years.

• The estimated dollar value for the contract is not to exceed $4,800,000.00.

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

• The services described herein are not exclusive, and the Authority reserves the right to enter into other agreements covering the same or similar services or to perform the same or similar services itself or through its agents.

• The Authority requires its professional consultants to provide services of the highest quality within a constrained schedule in order to meet program commitments. It is acknowledged by the Offeror that time is of the essence in the performance of each assigned task. The services and any defined deliverables shall be completed and delivered to the Authority or its agent in a prompt and timely manner so as to permit the effective review and deployment of the deliverable by the Authority during and throughout the performance of any contract resulting from this procurement.

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

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

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

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

• For each task order and/or work plan, the Consultant may be required to propose performance targets and measures suitable for measuring performance towards the Authority’s performance objectives, which will be provided to the Consultant when the task orders and/or work plans are established.

• Negotiations shall be held with the top ranked Offeror.

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

• All questions regarding this RFQ must be submitted in writing through (www.bidsync.com) by the date and time listed in Table 1 for the benefit of all Offerors.

2.1 Definitions

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

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

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

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

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

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

Day – Calendar day

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

Part 26).

Disabled Veteran Business Enterprise (DVBE) – A for-profit small business concern that is at least 51 percent owned by a veteran of the United States military, which has at least a 10 percent service-connected disability. To qualify as a Disabled Veteran Business Enterprise, the http://www.bidsync.com/ http://www.hsr.ca.gov/ http://www.bidsync.com/ https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url=Overview https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url=Overview http://www.calhr.ca.gov/employees/pages/state-holidays.aspx business must have received the appropriate certification issued by the California Department of General Services.

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

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

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

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

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

Offeror Team – Collectively, the Offeror and its members and Subcontractors/Subconsultants.

Open Government Laws – Collectively, the California Public Records Act (Government Code sections 6250, et. seq.), the Bagley-Keene Open Meeting Act (Gov. Code section 11120 et seq.), and the Freedom of Information Act (5 U.S.C. section 552, as amended by Public Law No. 104-231, 110 Stat. 3048) and other applicable State and federal open records laws.

Person – Any individual, corporation, company, joint venture, partnership, trust, unincorporated organization, or governmental agency including the Authority.

Project – That portion of the California High-Speed Rail Project located in the Fresno to Bakersfield project section.

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

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

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

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

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

DOT-assisted contract.

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

State – The State of California

Subcontractor/Subconsultant – Defined as follows:

a. Prior to award of a contract resulting from this procurement, any Person with whom the Offeror proposes to enter into a subcontract for any part of the Work, or that will enter into a sub-subcontract for any part of the Work, at any tier; or

b. After award of a contract resulting from this procurement, any Person with whom the Offeror has entered into a subcontract for any part of the Work, or with whom any Subcontractor has further subcontracted any part of the Work, at all tiers.

System – The complete high-speed rail system as described in California Proposition 1A (2008), including Phase 1, which shall run from the San Francisco Bay Area to the Los Angeles basin, and Phase 2, which shall run from Sacramento to San Diego.

Work – All professional services assigned and authorized by the Authority pursuant to a specific work plan and budget, including task orders.

2.2 Acronyms

ARRA – American Recovery and Reinvestment Act of 2009

AICP – American Institute of Certified Planners

CalSTA – California State Transportation Agency

Caltrans – California Department of Transportation

CEQA – California Environmental Quality Act of 1970

DBE – Disadvantaged Business Enterprise

DGS – California Department of General Services

DVBE – Disabled Veteran Business Enterprise

FOIA – Freedom of Information Act

FRA – Federal Railroad Administration

MB - Microbusiness

NEPA – National Environmental Policy Act of 1969

NTP – Notice to Proceed

RDP – Rail Delivery Partner

RFQ – Request for Qualifications

SB – Small Business

SOP – Standard Operating Procedure

SOQ – Statement of Qualifications

U.S. DOT – United States Department of Transportation

INSTRUCTIONS TO OFFERORS

3.0 Procurement Schedule and Process

Table 1: Key RFQ Dates:

Key Dates Activity Description

January 6, 2016 RFQ issued.

January 21, 2016 Pre-bid conference held at State of California Building, Assembly Room

2550 Mariposa Mall Fresno, CA 93721

10:30 AM PDT – 12:30 PM PDT

January 28, 2016 Last day to submit written questions February 4, 2016 Authority to Post Responses to Offeror Questions February 12, 2016 SOQs due to Authority’s Sacramento office by 3:00 PM Pacific Time March 3, 2016* Authority notifies Offerors of Discussions Week of March 7-11, 2016* Discussions with Offerors held in Sacramento.

March 14, 2016* Notice of Selection March 2016* Negotiation with selected Offeror May 2016* Notice to Proceed Issued *All dates subsequent to the SOQ due date may be modified at the discretion of the Authority without issuing a formal addendum to this RFQ.

3.1 Authority’s Designated Point of Contact

The Authority’s Designated Point of Contact for communications concerning this RFQ shall be as follows:

Domonique Wilson California High-Speed Rail Authority

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

Fax: (916) 322-0827 Email: Domonique.wilson@hsr.ca.gov

Persons intending to submit SOQs in response to this RFQ shall not contact or discuss any items related to this process with any Board member or Authority or RDP staff other than the Point of Contact above. Failure to comply with this communication prohibition may result in disqualification.

3.2 Addenda to Request for Qualifications

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

3.3 Non-Commitment of Authority

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

3.4 Property Rights

SOQs received within the prescribed deadline become the property of the Authority and all rights to the contents therein become those of the Authority. All material developed and produced for the Authority under a contract resulting from this procurement shall belong exclusively to the State of California. All products used or developed in the execution of any contract resulting from this RFQ will be governed in accordance with the Ownership of Data Rights and Patent Rights section(s) in Attachment D.

3.5 Improper Communications and Contacts

The following rules of contact shall apply during the procurement that began upon the date of issuance of this RFQ and will be completed with either the execution of a contract resulting from this procurement or the cancellation of the procurement. These rules are designed to promote a fair and unbiased procurement process. Contact includes but is not limited to face-to-face, telephone, facsimile, electronic mail (e-mail), or formal written communication.

The specific rules of contact are as follows:

A. After submittal of SOQs, no Offeror or any of its team members may communicate with another Offeror or its team members with regard to the RFQ or any other team’s SOQ with the exception of Subconsultants that are shared between two or more Offeror Teams. In such cases, those Subconsultants may communicate with their respective team members so long as those Offerors establish a protocol to ensure that the Subcontractor will not act as a conduit of information between the teams (contact among Offeror organizations is allowed during Authority sponsored informational meetings).

Protocols established to ensure that Subconsultants do not act as conduits of information between teams are subject to Authority review and approval, at the Authority’s discretion.

B. Offerors shall correspond with the Authority regarding the RFQ only through the Authority’s Designated Point of Contact (see Section 3.0)

C. Except for communications expressly permitted by the RFQ or approved in advance by the Authority’s Chief Counsel, in his or her sole discretion, no Offeror or representative thereof shall have any ex parte communications regarding the RFQ or the procurement described herein with any member of the Authority Board or with any Authority staff. This includes any of the Authority’s advisors, contractors, or consultants (and their respective affiliates) that are involved with the procurement or the Project.

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

1. Federal Railroad Administration (FRA)

2. California State Transportation Agency (CalSTA)

3. California Department of Transportation (Caltrans)

4. California Department of General Services (DGS)

5. California High-Speed Rail Authority (except as provided in this RFQ) E. The foregoing restrictions shall not, however, preclude or restrict communications with regard to matters unrelated to the RFQ or the procurement or from participating in public meetings of the Authority or any Authority workshop related to this RFQ.

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

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

3.6 Organizational Conflicts of Interest

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

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

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

1. Preclude certain firms from participation in this procurement and

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

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

An organizational conflict of interest is a circumstance arising out of an Offeror’s existing or past activities, business or financial interest, familial relationships, contractual relationships, and/or organizational structure (i.e., parent entities, subsidiaries, Affiliates, etc.) that results in: (i) impairment or potential impairments of an Offeror’s ability to render impartial assistance or advice to the Authority of its objectivity in performing work for the Authority; (ii) an unfair competitive advantage for any Offeror submitting an SOQ on an Authority procurement; or (iii) a perception or appearance of impropriety with respect to any of the Authority’s procurements or contracts, or a perception or appearance of unfair competitive advantage with respect to a procurement by the Authority (regardless of whether any such perception is accurate). If any such conflict of interest is found to exist, the Authority may:

1. Disqualify the Offeror, or

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

http://www.hsr.ca.gov/docs/about/doing_business/Organizational_Conflict_Interest_Policy_Final9152011.pdf http://www.hsr.ca.gov/docs/about/doing_business/Organizational_Conflict_Interest_Policy_Final9152011.pdf

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

Form B shall be filled out by each member of an Offeror Team, including the prime, all joint venture members if operating as a joint venture, and all Subcontractors. The refusal to provide the required disclosure, or any additional information required, may result in disqualification of the Offeror. If nondisclosure or misrepresentation is discovered after award of the contract through this procurement process, the resulting contract may be terminated.

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

3.7 Confidentiality

All written correspondence, exhibits, photographs, reports, printed material, tapes, electronic disks, and other graphic and visual aids submitted to the Authority during this procurement process, including as part of a response to this RFQ are, upon their receipt by the Authority, the property of the Authority and are subject to the Open Government Laws. None of the aforementioned materials will be returned to the submitting parties. Any materials that are delivered to FRA are subject to the Freedom of Information Act (FOIA) or other federal open records laws. Offerors should familiarize themselves with the Open Government Laws, including the Public Records Act and FOIA. In no event shall the State, the Authority, FRA or any of their agents, representatives, consultants, directors, officers or employees be liable to an Offeror or Offeror Team member for the disclosure of all or a portion of an SOQ submitted in response to this RFQ or other information provided in connection with this procurement.

If an Offeror has special concerns about information that it desires to make available to the Authority but which it believes constitutes a trade secret, proprietary information, or other information exempt from disclosure, such Offeror should specifically and conspicuously designate that information as “TRADE SECRET” or “CONFIDENTIAL” in its SOQ. Blanket, all-inclusive identifications by designation of whole pages or sections as containing proprietary information, trade secrets, or confidential commercial or financial information shall not be permitted and shall be deemed invalid. The specific proprietary information, trade secrets, or confidential commercial and financial information must be clearly identified as such. Under no circumstances, however, will the Authority be responsible or liable to the Offeror or any other party for the disclosure of any such labeled materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of the Authority or its officers, employees, contractors, or consultants.

The Authority will not advise a submitting party as to the nature or content of documents entitled to protection from disclosure under the Public Records Act, FOIA, U.S. DOT FOIA regulations (49 CFR 7.17) or other applicable laws and implementing regulations, as to the interpretation of the Public Records Act or FOIA, or as to the definition of trade secret. The submitting party shall be solely responsible for all determinations made by it under applicable laws and for clearly and prominently marking each and every page or sheet of materials with "TRADE SECRET" or

"CONFIDENTIAL" as it determines to be appropriate. Each submitting party is advised to contact its own legal counsel concerning the Public Records Act, FOIA and other applicable laws and their application to the submitting party's own circumstances. In the event of litigation concerning the disclosure of any material submitted by the submitting party, the Authority’s sole involvement will be as a stakeholder retaining the material until otherwise ordered by a court and the submitting party shall be responsible for otherwise prosecuting or defending any action concerning the materials at its sole expense and risk. The submitting party shall reimburse the Authority for any expenses it incurs in connection with any such litigation.

3.8 The California Environmental Quality Act

By issuing this RFQ, and by entering into any resulting contract that mentions or refers to The California Environmental Quality Act (CEQA), Environmental Impact Report (EIR) and state environmental permitting laws/agencies and initially authorizes related work, the Authority does not: (a) waive the Authority’s rights regarding the application of the Interstate Commerce Commission Termination Act of 1995 (ICCTA), including the defense that ICCTA preempts CEQA’s application to the High-Speed Rail (HSR) project; or (b) create an implied agreement that CEQA and/or such environmental permitting requirements apply to the HSR project.

4.0 Submittal of the Statement of Qualifications

4.1 Statement of Qualifications Submittal Information

SOQs submitted in response to this RFQ shall include one original and six (6) hard copies in separate 3-ring binders contained in a sealed shipping package. The original must be clearly marked “Original” on its face and spine, and each copy must be marked with the Offeror’s name and numbered 1 through 6 on their spines. Each Offeror shall include one electronic version of its SOQ in an unprotected searchable .pdf format on a CD or DVD.

SOQs must be received no later than the date and time listed in Table 1, addressed as follows:

MAILED OR HAND-DELIVERED TO:

If hand-delivered:

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

770 L Street, Suite 620 Sacramento, CA 95814

If delivered by mail:

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

770 L Street, Suite 620 MS3

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

RFQ No.: HSR15-108

California High-Speed Rail Authority Environmental Services for the Fresno to Bakersfield Project Section Statement of Qualifications

Offeror:

4.2 Late Submittals

In accordance with California Public Contract Code Section 10344, SOQs received after the specified date and time are considered late and will not be accepted. There are no exceptions to this law. Postmark dates of mailing, e-mail and facsimile transmissions are not accepted under any circumstances and are not acceptable toward meeting the submission deadline for SOQ delivery. A SOQ is late if received any time after the date and time listed in Table 1. SOQs received after the specified time will not be considered and will be returned unopened to the Offeror.

4.3 Modification or Withdrawal of SOQs

Any SOQ received may be withdrawn or modified before the SOQ submittal deadline by written request to the Authority.

STATEMENT OF QUALIFICATIONS

5.0 Background for the RFQ

5.1 Summary from Scope of Work

For project-level design and environmental review, the Authority relies on consultant teams to prepare preliminary engineering and joint CEQA/NEPA environmental documents for the geographic sections that comprise Phase 1 of the System. Information on the project sections can be found on the Authority’s website at:

http://www.hsr.ca.gov/Programs/Statewide_Rail_Modernization/project_sections/index.html

The Authority and FRA prepared the Final Environmental Impact Report/Environmental Impact Statement (EIR/EIS) for the Fresno to Bakersfield section of the high-speed rail project. The Authority Board certified the Final EIR/EIS on May 7, 2014 and filed a Notice of Determination with the State Clearinghouse on May 8, 2014. FRA issued the Record of Decision on June 27, 2014. The Final EIR/EIS is located on the Authority’s website at:

http://www.hsr.ca.gov/Programs/Environmental_Planning/final_fresno_bakersfield.html

To continue facilitation of design and construction of the System, the Authority requires a Consultant team to perform additional environmental services in the Fresno to Bakersfield project section. The selected Consultant will be responsible for providing as-needed environmental and related professional services to augment the Authority, the RDP, and other staff resources to achieve environmental compliance for the California High-Speed Rail Program.

Exhibit A of Attachment D of this RFQ represents the full scope of services which the selected Consultant may be directed to perform pursuant to an authorized task order.

http://www.hsr.ca.gov/Programs/Statewide_Rail_Modernization/project_sections/index.html http://www.hsr.ca.gov/Programs/Environmental_Planning/final_fresno_bakersfield.html

Figure 1: Fresno to Bakersfield Project Section Map

6.0 Statement of Qualifications Requirements

The following summarizes the content and organization of the SOQs. In addition to the information described below, the Authority may require confirmation or clarification of information furnished by an Offeror, require additional information from an Offeror concerning its SOQ, and/or require additional evidence of qualifications to perform the work described in this

RFQ.

6.1 General Requirements

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

The SOQ shall comply with the following requirements:

• Documents should be prepared in single-spaced type, 12 point font, on 8-1/2” x 11” sheets printed double-sided. A page is considered to be a single side of an 8-1/2” x 11” sheet.

Should the Offeror wish to submit materials that benefit from larger format paper sizes such as charts, drawings, graphs and schedules they should do so sparingly. Large format pages will be included in the page limit.

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

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

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

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

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

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

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

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

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

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

6.2 Transmittal Letter

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

The transmittal letter shall include the following:

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

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

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

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

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

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

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

8. The Offeror must affirm in the Transmittal Letter that it has not been terminated from another contract for default, or has not received a civil judgment or criminal conviction in the past 5 years.

6.2.1 Minimum Qualifications

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

The Minimum Qualifications for this RFQ are:

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

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

3. For firms also submitting SOQs in response to the RFQ for Environmental Services for the Merced to Fresno Project Section, all Key Personnel with a greater than 50% time commitment shall only be listed on one SOQ. Offerors shall not commit any individual team member to more than 100% billing between the two SOQs submitted for each project section.

4. The Offeror’s Project Manager must have a minimum of 10 years of experience, with at least two of those years in California, providing environmental planning and consulting services working on large scale transportation infrastructure projects (e.g., urban, commuter or intercity rail transit or highway projects).

6.3 Executive Summary

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

6.4 Contents of the SOQ

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

6.4.1 Past Performance and Experience

The Offeror’s management and technical expertise must be sufficient to satisfy the Authority’s fiduciary and public responsibilities. The Offeror should demonstrate extensive knowledge and proven track record of successfully providing environmental services as described in Exhibit A of Attachment D.

Offerors shall demonstrate their SOQs past experience in environmental planning and analysis and NEPA/CEQA clearance on projects of similar scope and complexity. Specific expertise sought by the Authority is described in Exhibit A of Attachment D.

Describe how the past projects identified provide the experience preferred in this RFQ. Provide examples of streamlining and complex problem solving methodologies utilized on past assignments to meet constrained schedule requirements.

Offerors shall describe how they have successfully delivered on past projects of similar scope and complexity, including providing examples of how contract schedule deadlines and budget were met.

If applicable, Offerors shall describe how the Offeror’s past work product has successfully overcome environmental and legal challenges.

6.4.1.1 References

Provide names, addresses and telephone numbers for at least three clients for whom the Offeror (i.e. the prime consultant submitting an SOQ, the joint venture submitting an SOQ, or each individual prime member of the joint venture) has performed environmental services work on large scale transportation infrastructure projects (e.g., urban, commuter or intercity rail transit or highway projects). References shall be provided as follows:

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

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

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

References shall also be provided for any Subcontractor/Subconsultant that is anticipated to perform 10% or more of the Work.

For each assignment identified, provide the following information:

• The name of the client;

• The title of the project or assignment;

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

• The scope of the assignment;

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

• The date of service of the assignment;

• A summary statement for each assignment; and

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

6.4.2 Organization and Key Personnel

The Authority wishes to contract with a team with experienced personnel in key roles to successfully oversee the required technical capabilities and with organizational and staffing capacity to successfully provide services described in Exhibit A of Attachment D. Describe the composition of the Offeror Team, and how activities are assigned. Discuss how mobilization will be accomplished.

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

6.4.2.1 Organization Chart

Submit an organization chart indicating specific personnel nominations for primary and technical support positions. Discuss how the organization and management plan evolves over the life of the project and integrates with Authority staff. The organization chart should identify all positions needed to accomplish the various types of potential assignments identified in Exhibit A of Attachment D. The organization chart should demonstrate that the Project Manager has sufficient authority within his/her organization to effectively lead and manage the project.

6.4.2.2 Staffing Plan

Offerors shall submit a staffing plan. The staffing plan shall be organized by the tasks listed in Exhibit A of Attachment D. The staffing plan shall provide the total number of hours needed to perform each task by position. The staffing plan will be updated as requested by the Authority to determine the staffing required for any anticipated task orders.

6.4.2.3 Key Personnel and Roles

The Authority seeks an Offeror team that includes personnel with knowledge of applicable standards, regulations, codes and technology. There shall be no change in the Key Personnel without prior written approval by the Authority. The SOQ must include information regarding California professional licenses held by the Offeror’s Key Personnel.

Provide resumes for Key Personnel positions identified in the organization and management plan, including Subcontractors’ Key Personnel. Resumes shall be limited to two pages and should be keyed to the respective positions on the organization chart and presented in such a way as to particularly highlight the experience on projects or assignments of a similar nature.

Resumes shall demonstrate that the individuals proposed have the appropriate licenses, educational background and/or qualifications for the relevant roles. The resumes must include summary chronologies of employment history including dates and title at each firm. Discuss how Key Personnel are qualified for the positions to which they are assigned.

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

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

a. Project Manager – This individual will be responsible for the day-to-day activities of the Offeror team and liaison with the Authority. The individual must have at least 10 years of experience managing environmental projects, including two years in California.

Oversight of cultural resources compliance and regulatory permitting experience is preferred. The Project Manager and Environmental Manager positions may be filled by the same individual.

b. Environmental Manager – This individual will be responsible for the overall CEQA/NEPA process compliance, including the preparation of environmental re-examinations, in delivering transportation infrastructure. A general understanding to manage the following technical elements related to environmental clearance processes is required. These elements may include: Section 106 of the National Historic Preservation Act, Section 4(f) of the US Department of Transportation Act, Section 6(f) of the Land and Water Conservation Act, Sections 401 and 404 of the Federal Clean Water Act, Section 7 of the Federal Endangered Species Act, Section 14 of the Rivers and Harbors Act, Section 2081 of the California Endangered Species Act, Porter-Cologne Water Quality Control Act, Section 1602 of the California Fish and Game Code, State and Federal Environmental Justice, and all other applicable analyses and mitigation design documentation, agency and tribal consultation and agreements, environmental impact reporting and decision documentation, and regulatory permits. At least 12 years of recent experience working on all aspects of CEQA, NEPA, biological resources, habitat and natural resources, cultural resources, and community resources documentation in major transportation infrastructure is preferred.

c. Quality Manager – This individual will be responsible for developing, implementing and managing the Offeror’s quality control systems designed to meet the Authority’s environmental documentation and technical standards for work produced under this agreement. The individual must possess at least 10 years of recent experience implementing quality assurance and quality control standards for project-level environmental studies, permits and other documentation.

d. Permitting Manager – This individual will have extensive experience in permit acquisition and regulatory strategy development and implementation associated with some or all of the following: Section 404 and 404(b)(1) of the Clean Water Act (CWA) and Section 14 of the Rivers and Harbors Act, 33 U.S.C. Section 408 (Section 408) from the Army Corps of Engineers, Section 7 of the Endangered Species Act for the U.S. Fish and Wildlife Service and U.S. National Oceanic and Atmospheric Administration/National Marine Fisheries Service (NOAA/NMFS), Section 401/402 of the CWA from the State Water Resources Control Board, Section 1602 and Section 2081 of the Fish and Game Code for the California Department of Fish and Game. Experience with authorizations to occupy and/or use National Forest System lands and related waters from the U.S.

Forest Service (USFS) are desired. Specialized expertise in working the Army Corps of Engineers in executing its obligations under the CWA is preferred.

The SOQ should highlight the experience of the Key Personnel with the services and expertise identified in Section 6.4.1.

6.4.2.4 Other Expertise

Offeror acknowledges that the Work may require a variety of environmental tasks where the following specialized expertise would be required. Resumes and identification of specific individuals for such specialized Work is not required as part of the SOQ. As task orders are issued by the Authority the selected Consultant will be required to submit resumes for such individuals, which will be subject to approval by the Authority. Anticipated minimum requirements for each specialty include the following:

• Air Quality Scientist – Bachelor of Science or Bachelor of Arts degree in civil engineering, environmental sciences or related field.

• Demographer/Environmental Justice Expert – Bachelor of Science or Bachelor of Arts Degree in sociology, urban and regional planning, geography, environmental sciences or related field.

• Noise/Acoustical Specialist – Bachelor of Science Degree in civil or mechanical engineering, environmental sciences or related field.

• Biologist – Bachelor of Science or Bachelor of Arts Degree in biology, botany, ecology, environmental sciences, wildlife or related…