04_Solicitation_04A7306__-_POSTED.pdf

CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR

California Department of Transportation

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30TH STREET, MS 65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

TTY 711

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

July 29, 2025

Invitation For Price Quote (IFPQ)

IFPQ # 04A7306

Notice to Prospective Contractors

You are invited to review and respond to this Small Business (SB) Invitation for Price Quote (IFPQ), IFPQ 04A7306 titled Portable Restroom Services in Alameda County. In submitting your quote, you must comply with the instructions found herein.

“This solicitation is authorized pursuant to Government Code Section 14838.5, which provides for the award of contracts for the acquisition of goods, services, or information technology that has an estimated value of greater than $5,000.00, but less than $250,000.00, to a certified SB, including a Micro Business, or a Disabled Veteran Business Enterprise.” A bid of $250,000 and above will result in rejection of your bid due to non-responsiveness.

This contract requires Prevailing Wages if the total bid amount exceeds $15,000. If the total bid amount is under $15,000, then Prevailing Wage language will be removed prior to award. Refer to Attachment 3, Proposed Form of Agreement, for requirement details.

In the opinion of Caltrans, this IFPQ is complete and without need of explanation; however, if you have questions, or should you need any clarifying information, the contact person for this IFPQ is:

Tiaja Watson California Department of Transportation (Caltrans) Email Address: Tiaja.Watson@dot.ca.gov Phone: (279) 234-2527

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

*Technical questions regarding this solicitation will be addressed, in writing, in accordance with the Questions and Answers portion of this IFPQ. See Section C1, Time Schedule, for more details.

ALL REQUIRED DOCUMENTS ARE EITHER ATTACHED (ATTACHMENT 1) OR THE DOCUMENT

LINK IS PROVIDED ON ATTACHMENT 2, REQUIRED DOCUMENTS.

Sincerely, Tiaja Watson Contract Analyst https://dot.ca.gov/programs/procurement-and-contracts/

Invitation for Price Quote IFPQ Number 04A7306

Purpose and Description of Services

1. Contractor agrees to provide to the California Department of Transportation (Caltrans), the rental, delivery, setup, maintenance, pumping and disposal services for one (1) rented portable restroom with sink (‘‘Rented Portable Restroom’), and maintenance, pumping and disposal services for two (2) Caltrans-owned portable restrooms (‘Owned Portable Restroom’) in Alameda County.

2. Refer to the Proposed Form of Agreement, Exhibit A, for a more complete description of services.

Bidder’s Minimum Qualifications

1. Bidder must be an individual or firm licensed to do business in California and shall obtain at its expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.

2. Bidder shall possess at the time of quote submittal, and for the duration of the Agreement, a valid and current Motor Carrier Permit issued from the California Department of Motor Vehicles

(DMV).

3. Bidder shall possess at the time of bid submittal and for the duration of the Agreement, a valid and current registration with the Department of Industrial Relations (DIR). Caltrans will verify bidder’s DIR registration.

4. Failure of bidder to sufficiently provide any or all the minimum qualifications, in the opinion of Caltrans, will result in the bidder’s bid deemed non-responsive.

Price Quotation Requirements and Information

1. Time Schedule

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

Event Date Time

(Pacific Time)

IFPQ available to prospective bidders 07/29/2025

Written Question Submittal 08/06/2025 3:00 pm

Final Date for Quote Submission 08/13/2025 3:00 pm

Proposed Award Date (estimate) 08/27/2025

2. Questions and Answers

A. Questions regarding this IFPQ must be submitted in writing. Bidders are encouraged to submit their written questions by 3:00 pm on August 6, 2025.

B. Written questions must include the individual's name, firm name, complete address, and must reference IFPQ No. 04A7306. Questions must be sent to the following email:

Email: Tiaja.Watson@dot.ca.gov

C. Written responses to all questions will be collectively compiled and posted as an Addendum to the Cal eProcure website (https://caleprocure.com/pages/index,aspx). It is the responsibility of the bidder to access the website for any changes or addenda that may be posted. Refer to Section C1, Time Schedule, for the IFPQ’s schedule of events and dates/times. Bidder can contact the Contract Analyst named above.

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

3. Costs Included in Bid Rates

Quotation prices/rates shall include the cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments, including but not limited to, sales and use taxes required by law or otherwise and no additional allowance will be made thereof unless separate payment provisions in the Agreement should specifically so provide.

4. State General Prevailing Wages

State General Prevailing Wage Rates will apply for the County of Alameda as described in the attached Proposed Form of Agreement Exhibit B. The predetermined general prevailing wage rates published by the Director of Industrial Relations (DIR) may be obtained via the Internet at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm or by contacting the Contract Analyst listed on the first page of this solicitation. It is the bidder's responsibility to use the correct classification determination published by the DIR. By signing the Bid/Bidder Certification Sheet, the Bidder acknowledges this is a public works contract subject to Labor Code Sections 1720-1861, and that if awarded this Agreement, it will be the Bidder’s responsibility to ensure that all prevailing requirements are met, including but not limited to the payment of appropriate prevailing wages rates to all employees who participate and perform services under this Agreement, Department of Industrial Relations registration, submittal of weekly certified payroll records, and employment of apprentices throughout the duration of the Agreement.

5. Mandatory Organic Waste Recycling

Contractor generating organic waste or commercial solid waste shall comply with SB 1383;

also, Contractor will arrange for recycling services required by this section in a manner that is consistent with State and local laws and requirements, including a local ordinance or local jurisdiction’s franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste. This requirement does not modify, limit, or abrogate Contractor’s right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Sections 42649.8 et seq. When applicable, Contractor must comply with these provisions.

6. Motor Carrier Permit Requirements

A. Contractor must have a valid Motor Carrier Permit (MCP) issued from the Department of Motor Vehicles for its services as a Motor Carrier of Property under this Agreement.

Contractor shall pay any required fees necessary to obtain and maintain in good standing the required MCP(s).

B. MCP(s) required for Contractor’s Motor Carriers of Property under California Vehicle Code Sections 34601 and 34620 shall be on file with Contractor for the duration of this Agreement. Upon request of Caltrans Contract Manager or their designee, Contractor must immediately provide to Caltrans a copy of the required MCP(s).

7. Contractor Registration Program

A. No Contractor or Subcontractor may be listed on a bid proposal for an agreement with prevailing wages unless registered with the DIR, pursuant to Labor Code Section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)).

B. No Contractor or Subcontractor may be awarded an agreement with prevailing wages unless registered with DIR pursuant to Labor Code Section 1725.5.

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

C. Caltrans will verify each of the registration numbers provided by the bidder prior to Agreement award. Bidders that do not possess the required DIR registration will be deemed non-responsive and rejected from further consideration in the solicitation process.

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

Caltrans, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Statute 252, 42 USC Sections 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

9. Insurance

A. The bidder who receives the Agreement award must provide a Certificate of Insurance providing proof of insurance to the Division of Procurement and Contracts within 10 workdays from the date of notification of award. The State’s Office of Risk and Insurance Management will review insurance certificates and/or proof of self-insurance documentation before execution of the Agreement. Refer to the Proposed Form of Agreement, Exhibit E, for the applicable and specific insurance requirements and coverage limits.

B. The insurance carrier shall provide an endorsement for the additional insured statement as follows:

Caltrans, State of California, its officers, agents, and employees shall be included as additional insured, but only with respect to work performed for the State of California under this Agreement.

C. The additional insured endorsement must accompany the certificate of insurance.

D. Satisfying a Self-Insured Retention (SIR)

All insurance required by this Agreement must allow, but not require, the State to pay any SIR and/or act as Contractor’s agent in satisfying any SIR. The choice to pay any SIR and/or act as Contractor’s agent in satisfying any SIR is at the State’s discretion. If the State chooses to pay any SIR and/or act as Contractor’s agent in satisfying any SIR, Contractor shall reimburse the State for the same.

E. Available Coverages/Limits

In the event the insurance coverages obtained by Contractor is broader in scope than, and/or the limits are higher than, those required under the Agreement, all such broader coverage and/or higher limits available to Contractor shall also be available and applicable to the State.

10. Darfur Contracting Act

A. The Darfur Contracting Act, Public Contract Code Section 10475-10481, applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code Section 10475. All bidders shall complete the Darfur Contracting Act Certification (DOT ADM-0077), provided as a link in Attachment 2, Required Documents, and submit with the proposal.

B. If your company has not, within the previous three (3) years, had any business activities or other operations outside of the United States, complete Option 1 on the ADM-0077.

C. A scrutinized company is a company doing business in Sudan as defined in PCC Section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for an agreement with a State agency for goods or services (Pub. Cont. Code Section 10477(a)).

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

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

11. Price Quote Submittal

A. The Price Quote should be emailed as described below. The price quote must be received by Caltrans, Division of Procurement and Contracts (DPAC), by dates and times shown in Section C, Price Quotation Requirements and Information.

B. The price quote email should be clearly marked with the IFPQ number, title, and ‘PRICE QUOTATION SUBMITTAL’, as shown in the following example:

IFPQ Number: 04A7306

PRICE QUOTATION SUBMITTAL–DO NOT OPEN

C. All quotes shall include the documents identified in the IFPQ; see Attachment 2, Required Documents. Quotes not including the required documents may be deemed non-responsive. A non-responsive price quote is one that does not meet the basic quote requirements.

D. Only an individual who is legally authorized to bind the proposing firm contractually shall sign all documents requiring a signature, and each document must bear a signature.

E. Email to: Tiaja.Watson@dot.ca.gov

F. Pursuant to Government Code Section 14838.5, Caltrans must receive at least two (2) price quotes from certified SB/MBs or at least two (2) price quotes from DVBEs before it can make an agreement award. Therefore, at Caltrans’ discretion, if only one price quote is received, the timeframe for receipt of price quotes may be extended in order to receive the minimum number of quotes required by the Government Code. All prospective bidders will be notified via email or telephone of any extensions.

G. Price quotes must include the performance of all the services described herein. Any attempt to modify the Price Quote Proposal document to deviate from the work specifications will not be considered and will cause a price quote to be rejected.

H. A price quote may be rejected if it is conditional, incomplete, or if it contains any alterations of form or other irregularities of any kind. Caltrans may reject any price quote on the basis that it is not responsive or from a responsible bidder and may waive any immaterial deviation in a quote. Caltrans' waiver of an immaterial defect shall in no way modify the IFPQ document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

I. Costs for developing price quotes and in anticipation of award of the contract are entirely the responsibility of the bidder and shall not be charged to the State.

J. A bidder may modify a price quote after its submission by first withdrawing the original price quote and then by resubmitting a new price quote prior to the price quote submittal deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

K. A bidder may withdraw a price quote by, prior to price quote submission deadline, submitting a written withdrawal request to Caltrans, at Tiaja.Watson@dot.ca.gov, signed by the bidder or an agent authorized in accordance with Section L below. A bidder may thereafter submit a new price quote prior to the price quote submittal deadline. Price quotes may not be withdrawn without cause subsequent to the price quote submittal deadline.

L. Only an individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet. The signature must also indicate the title or position that the individual holds in the firm. An unsigned quote may be cause for bid rejection.

M. Caltrans may modify the IFPQ prior to the date fixed for submission of price quotations by the issuance of an addendum sent to all parties who received an IFPQ package.

N. Caltrans reserves the right to reject all price quotes for reasonable cause.

O. Bidders are cautioned not to rely on Caltrans during its evaluation process to discover and report to the bidder any defects and errors in the submitted documents. Before submitting their documents, bidders should carefully proof them for errors and full adherence to the IFPQ requirements.

P. Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the contract amount will be made due to a lack of careful examination of work sites and specifications.

Q. Caltrans does not accept alternate contract language from a bidder. A price quote with such language will be considered a counterproposal and will be rejected. The State’s General Terms and Conditions (GTC 02/2025) are not negotiable. The GTC 02/2025 may be viewed at Internet site https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language.

12. Evaluation and Selection

A. At the time of quote opening, price quotes will be checked for the presence or absence of required information in conformance with the submission requirements of this IFPQ.

B. Caltrans will check the price quote submittal package to verify it received all required documents. Positive verification of required documents will be performed to determine its responsiveness to the State’s needs.

C. Price quotes that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, shall be rejected.

D. The Agreement, if awarded, shall be awarded to the responsible bidder who submits the lowest price quote and meets all the specifications. A price quote meets the specifications if it complies with all the requirements in this solicitation. In the event of a tie quote, Caltrans will draw lots to determine the successful contractor. Only one (1) price quote may be submitted by an entity: individual, firm, partnership, corporation, joint venture, or combination thereof. Receipt of more than one (1) price quote from an entity will result in all quotes from that entity being rejected and returned to the bidder.

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

13. Standard Conditions of Service

A. Service shall not begin before the start date set forth in the Agreement. After all approvals have been obtained, and the Agreement is executed, should Contractor fail to commence work at the agreed upon time, Caltrans, upon five (5) days written notice to contractor, reserves the right to terminate the Agreement. In addition, contractor shall be liable to Caltrans for the difference between contractor's price quote and the actual cost of performing work by the second lowest bidder or by another contractor.

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

C. Antitrust Provisions

1) Bidder offers and agrees, and will require all of his other Subcontractors and suppliers to agree, that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code, arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder (Gov. Code Section 4552).

2) If the awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this Government Code Sections 4550-4554, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages and attributable overcharges that were paid by the assignor but were not paid by the public body as a part of the price quote, less the expenses incurred in obtaining that portion of the recovery.

3) Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under Government Code Sections 4550-4554 if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or

(b) the assignee declines to file a court action for the cause of action (See Government Code Section 4554).

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

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

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

14. Executive Order N-6-22 – Russian Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf actions in Ukraine, as well as any sanctions imposed under state law unless the contract has been Federalized (i.e. there is federal participation in any phase). By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

15. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Technology Use and Reporting

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. Bidder / Offeror must notify the State in writing if it:

1) intends to provide GenAI as a deliverable to the State; or

2) intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts:

a) functionality of a State system,

b) risk to the State, or

c) Contract performance.

Note: For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

C. Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

D. Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

E. Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 04A7306

PRICE QUOTE PROPOSAL Attachment 1 Page 1 of 1

ADM-1412 (REV. 5/2025)

Contractor’s Name (Please Print):

Item Number

Estimated Quantity

Unit Of Measure Item

Unit Price (Price Per Unit of

Measure)

Total (Estimated Quantity

X Unit Price)

1 156 Per Toilet, Serviced Weekly

All labor, material, tools, equipment, vehicles, disposal fees, and incidentals necessary to provide rental, maintenance, pumping and disposal services for Rented Portable Restrooms at Bay Farm Island Drawbridge as described in Exhibit A, Scope of Work.

2 15 Per Toilet Service

On-call, as needed additional services for toilets referenced in Item #1, above

3 312 Per Toilet, Serviced Weekly

All labor, material, tools, equipment, vehicles, disposal fees, and incidentals necessary to provide maintenance, pumping and disposal services for Caltrans-Owned Portable Restrooms at San Leandro Maintenance Facility as described in Exhibit A, Scope of Work.

4 30 Per Toilet Service

On-call, as needed additional services for toilets referenced in Item #3, above

1) The above quantities are estimates only and are given as a basis for comparison of quotes. No guarantee is made or implied as to the exact quantity that will be needed.

2) In case of discrepancy between the unit price and the total set forth for a unit basis time, the unit price shall prevail.

3) Do not alter, modify, or change this quote proposal sheet. Any alterations, modifications, or changes to this quote proposal sheet will be grounds to reject the quote.

4) Each line item must be quoted. Do not leave any unit price column blank or this quote proposal sheet will be deemed non-responsive.

Total This Proposal

Attachment 2 Required Documents

The following documents should be submitted, or your bid may be considered non-responsive.

Do not submit this checklist, the Proposed Form of Agreement, company advertisements, brochures, informational pamphlets, or any other document unless specifically noted in the IFPQ Requirements and/or as listed below.

☐ Attachment 1 – Price Quote Proposal (ADM-1412)

☐ Bid/Bidder Certification Sheet (DOT ADM-1416) Bid/Bidder Certification Sheet

Copy of current and valid Motor Carrier Permit issued from the California Department of Motor Vehicles (DMV)

☐ Darfur Contracting Act Certification (DOT ADM-0077) Darfur Contracting Act Certification

☐ Copy of valid and current registration with the Department of Industrial Relations (DIR)

The following documents will be requested of the WINNING BIDDER at time of contract award;

they are NOT required at time of bid submittal:

☐ Contractor Certification Clauses (CCC 04/2017) Contractor Certification Clauses

☐ Insurance (Requirements outlined in Proposed Form of Agreement, Exhibit E, Items 1 & 2)

☐ Payee Data Record (STD 204) Payee Data Record https://forms.dot.ca.gov/v2Forms/searchForm.jsp?frmid=1416&valid=true https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM0077 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

Attachment 3 Proposed Form of Agreement

Note to Bidders: The following pages represent a sample of the Agreement that will be awarded, if any, from this IFPQ. Please review it carefully and present any questions in writing to the contact identified for this IFPQ.

2. The term of this Agreement is:

Contractor’s Name TBD Agreement Number 04A7306

Exhibit A Commercial Services–State

Scope of Work

1. Contractor agrees to provide to the California Department of Transportation (Caltrans), the rental, delivery, setup, maintenance, pumping and disposal services for one (1) rented portable restroom with sink (‘‘Rented Portable Restroom’), and maintenance, pumping and disposal services for two

(2) Caltrans-owned portable restrooms (‘Owned Portable Restroom’), as described herein:

Contractor shall provide all labor, materials, tools, equipment, vehicles, travel, and incidentals, and shall pay all disposal fees, necessary to provide portable restroom services (collectively, ‘Portable Restrooms’) at the locations described below.

2. Subcontracting is not permitted under this Agreement. All references to subcontracting or subcontractors as found herein are not applicable to this Agreement.

3. The services shall be performed at the following locations in Alameda County:

A. The following location shall have one (1) portable restroom (Rented Portable Restroom) with sink, provided by Contractor to Caltrans and serviced on a once per week basis and on-call as needed: Bay Farm Island Drawbridge on route 61, Post Mile 18.64, in the City of Alameda. Caltrans will provide traffic control.

B. The following location is furnished with two (2) Caltrans-owned portable restrooms (Owned Portable Restrooms) which Contractor shall service, on a once-per-week basis and on-call as needed: San Leandro Maintenance Facility located at 600 Lewelling Boulevard, San Leandro, CA 94579.

4. Any reference to Caltrans Contract Manager shall also include designee.

5. This Agreement will begin on September 1, 2025 (estimate), or upon approval by the Department of General Services (DGS), whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by DGS. The Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by the Caltrans Contract Manager. This Agreement shall expire on August 31, 2028 (estimate). The services shall be provided at some point Monday through Friday between 7:00 a.m. and 3:30 p.m.

and/or for emergency services 24 hours a day, seven (7) days a week. The parties may amend this Agreement as permitted by law.

6. All inquiries during the term of this Agreement will be directed to the project representatives listed below. Contractor shall provide advance written notice and receive advance written approval by Caltrans Contract Manager, without the necessity of an amendment, before changing the Project Manager noted below.

California Department of Transportation (Caltrans) Contractor’s Name TBD

Section/Unit: District 04/Maintenance

Contract Manager: TBD Project Manager:

Address:

Address:

Business Phone Number: Business Phone Number:

Email: Email:

7. Detailed Description of Work

A. Contractor-owned Rented Portable Restroom

1. Contractor shall deliver and rent to Caltrans one (1) Rented Portable Restroom.

2. Contractor shall provide weekly service, including, but not limited to, pumping and disposal services, for Rented Portable Restroom. Service shall be performed every Monday, between 9:00 a.m. and 10:00 a.m., except if Monday is a State holiday, in which case service shall be performed the next business day.

3. Beyond the weekly servicing, Contractor shall also provide on-call, as needed service including, but not limited to pumping and disposal services, for the units. Caltrans Contract Manager will contact Contractor via phone or e-mail to request on-call services, and Contractor must respond on-site at least 24 hours after receiving the request.

4. Delivery dates and location of the unit shall be directed by Caltrans Contract Manager, or designated representative.

5. Rented Portable Restroom shall be equipped with hand wash basin, chemical, toilet, and septic tank.

6. Rented Portable Restroom shall be of standard stationary design, not trailer mounted.

7. Rented Portable Restroom shall be completely and properly cleaned, supplied, and maintained on a weekly basis, and on an on-call, as needed basis, with toilet tissue, soap, paper towels, water, deodorant blocks, seat covers, and chemical flushing.

8. Rented Portable Restroom shall be steam cleaned at least once per year or replaced at Contractor’s option at no additional cost to Caltrans.

B. Caltrans-Owned Portable Restrooms

1. Contractor shall provide weekly service, including, but not limited to pumping and disposal services, for two (2) Caltrans owned, trailer mounted, Owned Portable Restrooms.

Service shall be performed every Monday, except if Monday is a State holiday, in which case service will be performed the next business day.

2. Beyond the weekly servicing, the Contractor shall also provide on-call, as needed service including, but not limited to, pumping and disposal services, for the units. Caltrans Contract Manager will contact Contractor via phone or e-mail to request on-call services, and Contractor must respond on-site at least 24 hours after receiving the request.

3. Contractor shall completely and properly empty the holding tanks.

4. All this work done with respect to the Owned Portable Restrooms, including, but not limited to the pumping and disposal services, shall be performed by Contractor prior to 7:00 a.m.

in the morning so that the Owned Portable Restrooms will be available for use at the start of the Caltrans crew’s shift at 7:30 a.m.

C. Maintenance of portable restrooms, whether rental or state owned, shall include pumping out all septic and holding tanks of human waste at all locations and the legal disposal of such human waste.

D. Contractor shall conduct operations in such a manner as to avoid damage to Caltrans property or adjacent properties. If such property is damaged by reason of Contractor’s operations, the property shall be replaced or restored at Contractor’s expense.

E. All debris or spillage from the servicing at any location shall be removed and/or cleaned from the work site upon completion of the servicing work, hauled away by Contractor and legally disposed of at Contractor’s own expense. Contractor shall leave each location in a neat, clean and safe condition following each service. Contractor may be called back by Caltrans Contract Manager, or designee, to correct an unsafe or dirty condition again at Contractor’s own expense.

F. Any service determined by Caltrans Contract Manager or designated representative to be unsatisfactory shall be redone at Contractor’s expense and may be considered grounds for termination.

G. Upon completion of restroom service, Contractor shall sign and date each restroom’s service tag. The service dates shall match the dates on the monthly invoices, absent this documentation payments may not be made.

8. General Contractor’s Responsibilities

A. Contractor shall ensure that only qualified and competent employee(s) are permitted on the job site and that the work shall be safely performed by the highest industry standards.

Contractor shall take all the necessary precautions to prevent injury or hazard to Caltrans employee(s), invitee(s), and/or the general public.

B. Contractor shall conduct its operation in such a manner as to avoid injury or damage to the property of Caltrans or any adjacent property.

C. Contractor shall avoid causing unreasonable inconvenience to any person(s) doing business on Caltrans property. In the event Contractor’s operation creates a condition hazardous to Caltrans property, its occupants, or the general public, in the sole opinion of the Caltrans Contract Manager, Contractor shall provide warning signs alerting to any dangerous conditions at Contractor’s own expense and without cost to Caltrans.

D. No hazardous materials or waste shall be handled by Contractor. Contractor shall notify Caltrans Contract Manager of any hazardous materials immediately upon discovery.

9. Contractor Project Manager Responsibilities

A. Contractor Project Manager shall coordinate work-related matters and Contractor’s operations under this Agreement.

B. In addition to other responsibilities described in this Agreement, Contractor Project Manager shall be responsible for all matters related to Contractor’s personnel including, but not limited to, the following:

1) Ensure that deliverables meet the criteria established by the Agreement.

2) Supervise, review, monitor, train, and direct Contractor.

3) Include Caltrans Contract Manager in written communications to other Caltrans personnel for any clarification on the scope of work.

4) Assign qualified personnel to complete the required Service Request work, as specified, on an “as-needed” basis in coordination with Caltrans Contract Manager.

5) Implement and maintain quality control procedures to manage conflicts, ensure product accuracy.

6) Ensure all applicable safety measures are in place.

7) Provide invoices in a timely manner.

8) Review invoices for accuracy and completion before billing to Caltrans.

9) Ensure that the schedules, deliverables and the deliverables’ requirements set forth in the Agreement are satisfied.

10) Ensure compliance with the provisions in this Agreement and all specific Service Request requirements.

10. Damages to State Property

In the event that any Caltrans property is damaged as a result of the actions of Contractor, or its employees, Contractor shall repair, at its sole expense, the damage which has occurred as a direct result of Contractor, or its employees. Repair efforts shall be performed in a manner in which ensures all warranties are maintained for any products that are damaged. Repair efforts shall include the full costs for all required labor and materials. If the repair must be completed by an outside entity, Caltrans Contract Manager will approve of who will be hired to complete the work.

11. Code of Conduct

Contractor and its employees shall be aware that they are working on Caltrans property and be courteous and respectful at all times. Contractor and its employees shall refrain from using loud voices, inappropriate language, and shall conduct themselves in a professional manner at all times. If Contractor’s employees display any behavior that Caltrans Contract Manager deems inappropriate or offensive, Caltrans Contract Manager will have the right to remove that employee from doing further work on this Agreement.

12. Final Clean Up

A. Contractor shall leave the work site in a neat and clean condition. Contractor shall clean and keep the area in an orderly, safe, and clean condition including, but not limited to, spills and smudges. If work site is not left in a clean and orderly condition, Contractor shall be called back to correct the condition at no extra charge to Caltrans. No invoice will be paid unless the site has been cleaned to the satisfaction of Caltrans Contract Manager.

B. Contractor shall own and assume all responsibility for litter, waste, debris, and similar materials arising from or produced by the work performed under this Agreement. Contractor shall haul away and legally discard any materials or debris caused by its work actions from the job site.

C. Contractor’s bid shall include the cost to dispose of or recycle the discarded materials and Contractor shall be responsible for such disposal and recycling costs.

13. Inspection and Acceptance for Payment

A. It shall be the responsibility of Contractor to notify Caltrans Contract Manager that the work is complete and ready for inspection. Work shall be subject to inspection and acceptance by Caltrans Contract Manager.

B. Caltrans Contract Manager will have the ultimate responsibility and authority to determine whether Contractor’s satisfied Contractor’s duties and obligations under the

Agreement, including specifically whether Contractor delivered all work product and deliverables and whether Contractor’s work product and deliverables satisfied all of the applicable contract requirements (including acceptance criteria or tests).

C. Approval of work constitutes approval for payment and not transference or termination of Contractor’s responsibility to perform work in accordance with the terms of the Agreement, and any work that needs corrections, in the sole opinion of the Caltrans Contract Manager, shall be at Contractor's sole cost and expense in a timely manner.

D. Regardless of any prior inspections and acceptances of work during the term of this Agreement, all work is subject to final inspection and approval by Caltrans Contract Manager. Work will be accepted only after Contractor has demonstrated that it fulfills the requirements of the Service Request and has furnished all required certificates. Failure to complete work, as required by this Agreement, shall be considered grounds for termination of this Agreement for default, per Exhibit D.

14. Waste Disposal

Prior to the commencement of waste disposal, Contractor must adhere to the provisions highlighted in Senate Bill 1383 (Lara) of 2016 Title 14, CCR, General Provisions section 18981.2, Public Resources Code sections 42652 et. Seq.

Exhibit B

Budget Detail and Payment Provisions

1. Invoicing and Payment

A. For services satisfactorily rendered and approved by Caltrans Contract Manager, and upon receipt and approval of the invoices, Caltrans agrees to compensate Contractor in accordance with the Price Quote Proposal, Attachment 1 and this Exhibit B.

Incomplete or disputed invoices shall be returned to Contractor, unpaid, for correction.

B. Invoices shall be itemized in accordance with the Price Quote Proposal, Attachment 1, and shall be signed and submitted in triplicate not more frequently than monthly in arrears of the service.

C. Each invoice shall include:

1) Agreement Number 04A7306

2) Date(s) of Service

3) Location of Service

4) Description of service

5) Service Request Number

D. Each invoice shall be submitted in triplicate to:

California Department of Transportation (Caltrans) District 04/Maintenance Attention: TBD Street Address/PO Box City, CA Zip Code

E. Contractor shall submit a certified copy of all payroll records for verification by Caltrans Contract Manager with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by Contractor.

2. Budget Contingency Clause

A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to the State of California by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement 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 Agreement in any manner.

C. It is mutually agreed that if Congress or State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

D. Pursuant to Government Code Section 927.13, no late payment penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a State agency.

E. Caltrans has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds.

3. Prompt Payment Clause

A. Payment will be made in accordance with, and within the time specified in, Government Code, Chapter 4.5, commencing with Section 927.

B. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this clause.

4. Cost Limitation

A. Total amount of this Agreement shall not exceed $TBD.

B. It is understood and agreed that this total is an estimate, and that Caltrans will pay only for those services actually rendered as authorized by Caltrans Contract Manager up to the total amount set forth in Section A, above.

5. Excise Tax

State of California is exempt from Federal excise taxes, and no payment will be made for any taxes levied on employees’ wages. Caltrans will pay for any applicable State or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. Caltrans may pay any applicable sales and use tax imposed by another state.

6. Cost Principles

A. Contractor agrees that the Contract Cost Principles and Procedures in 48 Code of Federal Regulations (CFR), Part 31, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, in 2 CFR, Part 200, shall be used to determine the allowable individual items of cost.

B. Any costs for which payment has been made to Contractor that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by Contractor to Caltrans.

C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.

7. Costs Included in Bid Rates

A. The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, Agreement bond premiums, and any other taxes or assessments including sales and use taxes required by law or otherwise shall be included in the Agreement rates and no additional allowance will be made thereof, unless separate payment provision should specifically so provide.

B. Contractors shall make travel and subsistence payments to each worker in compliance with Labor Code Sections 1773.1 and 1773.9. Travel and subsistence requirements are available on the Department of Industrial Relations website at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

8. Payroll Records

A. Contractor and each Subcontractor shall comply with the following provisions. Contractor shall be responsible for compliance by their Subcontractors.

1) Each Contractor and Subcontractor shall keep accurate payroll records and supporting documents as mandated by Labor Code Section 1776 and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

a) The information contained in the payroll record is true and correct.

b) The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by its employees on the public works project.

2) The payroll records, enumerated under paragraph 1 above, shall be certified. The certified payrolls and records related to employee wages, fringe benefits, payroll tax, and deductions shall be available for inspection and copying by Caltrans representative at all reasonable hours at Contractor’s principal office. Certified payrolls shall be made available as follows:

a) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.

b) A certified copy of all payroll records enumerated in paragraph 1 above, shall be made available for inspection or furnished upon request to a representative of Caltrans and the Department of Industrial Relations Division of Labor Standards Enforcement and Division of Apprenticeship Standards. Certified payrolls submitted to Caltrans and the Department of Industrial Relations, Division of Labor Standards Enforcement, and Division of Apprenticeship Standards shall not be altered or obliterated by contractor.

c) The public shall not be given access to certified payroll records by Contractor.

Contractor is required to forward any requests for certified payrolls to Caltrans Contract Manager by both email and a hard copy sent by regular mail on the business day following receipt of request.

d) Each Contractor shall submit a certified copy of the records enumerated in paragraph 1, above, to the entity that requested the records within 10 days after receipt of a written request.

e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Caltrans shall be marked or https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of Contractor awarded the Agreement or performing the Agreement shall not be marked or obliterated.

f) Contractor shall inform Caltrans of the location of the records enumerated under paragraph 1, above, including the street address, city, and county, and shall, within five (5) working days, provide a notice of a change of location and address.

g) Contractor or Subcontractor shall have 10 days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph 1, above. In the event Contractor or Subcontractor fails to comply within the 10-day period, it shall, as a penalty to Caltrans, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Caltrans from payments then due.