04A4828_Invitation_for_Bid_Solicitation.pdf

The following is a list of documents which should be included in your Internet Package.

Form Name Attachment No # Pages Invitation for Bid- Cover Letter 1 Invitation for Bid 11 Bid Proposal, ADM 1412 1 2 Bidder Declaration form GSPD-05-105 2 2 Quotes from SB or DVBE subcontractors 2A 1 Contractor Certification Clauses 3 4 Non-Collusion Affidavit for Public Works 4 1 Bid/Bidder Certification Sheet 5 2 Bidder’s Acknowledgement of Prevailing Wages 6 1 Darfur Contracting Act 7 1 Bidder’s Bond 8 1 Required Attachment Checklist 9 1 Proposed Form of Agreement, STD 213 10 24

If this Bid Package is downloaded via the Internet, you will need to submit your signed bid documents in a sealed envelope with the following information on the envelope as provided in the sample below:

YOUR RETURN

ADDRESS

Agreement No. 04A4828

Bid Due Date: 3/22/16 Postage Bid Due Time: 2:15 PM Bid Opening: 3:00 PM Attention: Kasen Knight

Department of Transportation Division of Procurement and Contracts ATTN: Bid Unit 1727 30th Street, 4th Floor, MS-65 Sacramento, CA 95816-7006

BID SUBMITTAL DO NOT OPEN

STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G BROWN Jr., Governor

DEPARTMENT OF TRANSPORTATION

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th STREET, MS-65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

FAX (916) 227-6155

TTY 711

http://caltrans-opac.ca.gov

Serious drought.

Help save water!

February 11, 2016

INVITATION FOR BID (IFB)

IFB # 04A4828

Notice to Prospective Contractors

You are invited to review and respond to this IFB # 04A4828, entitled, Repair or Replace Storm Water Pumps and Other Related Equipment.. In submitting your bid, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

As required by Executive Order S-02-06, Department of Transportation (Caltrans) is committed to meeting the State’s 25 percent (25%) Small Business (SB) participation goal. Certified SBs, Microbusinesses (MB), and contractors willing to commit to subcontracting a minimum of 25 percent (25%) of their net bid price to certified SBs or MBs (if applicable), are encouraged to submit bids. See Section D, Special Programs, Item 1, in this IFB for requirements.

A Disabled Veteran Business Enterprise (DVBE) goal is not required, but DVBE participation is encouraged, and a DVBE incentive may apply to this IFB. See Section D, Special Programs, Item 2, in this IFB for requirements.

Note that all contracts entered into with Caltrans will include, by reference, General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at Internet site http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

This contract requires Prevailing Wages. Refer to Attachment 10, Proposed form of Agreement for requirement details.

The designated contact person for this IFB is:

Kasen Knight Department of Transportation kasen.knight@dot.ca.gov

(916) 227-6047/ Telephone Number

(916) 227-6138 Fax Number

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, and in accordance with the Questions and Answers portion of this IFB. See Section C, Item 1, Time Schedule for more details.

Sincerely, Kasen Knight Kasen Knight Contract Analyst http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

Invitation For Bid IFB Number 04A4828

Table of Contents

SECTION PAGE

A) Purpose and Description of Service 1

B) Bidder Minimum Qualifications 1

C) Bid Requirements and Information 1

1. Time Schedule 1

2. Questions and Answers 1

3. Costs Included in Bid Rates 2

4. Employment of Undocumented Workers 2

5. Small Business Preference 2

6. State Prevailing Wages 2

7. Motor Carrier Permit 3

8. Contractor Registration Program 3

9. Contractor License 3

10. Subcontractor 4

11. Non-Collusion Affidavit for Public Works 4

12. Bonds 4

13. Insurance 4

14. Darfur Contracting Act 4

15. Bid Submittal 5

16. Evaluation and Selection 7

17. Award and Protest 7

18. Standard Conditions of Service 8

D) Special Programs 9

1. Small Business Preference 9

2. Disabled Veteran Business Enterprise (DVBE) Programs 10

Attachments

1. Bid Proposal, ADM 1412

2. Bidder Declaration, GSPD 05-105

2A. Quotes from SB or DVBE Subcontractors

3. Contractor Certification Clauses, CCC 307

4. Non-Collusion Affidavit for Public Works

5. Bid/Bidder Certification Sheet

6. Bidder’s Acknowledgement Of Prevailing Wage Requirements

7. Darfur Contracting Act

8. Bidder’s Bond

9. Required Attachment Check List

10. Proposed Form of Agreement, STD 213 Exhibit A, Scope of Work Exhibit B, Budget Detail and Payment Provisions

Exhibit C, General Terms and Conditions Exhibit D, Special Terms and Conditions Exhibit E, Additional Provisions

A) Purpose and Description of Services Contractor shall provide all labor, tools, materials, equipment, traffic control, and incidentals, to remove, repair, and as requested, replace pumps, motors and other related equipment or components, including valves, on an on-call, as-needed, and emergency basis at various locations within District 4.

Refer to the Proposed Form of Agreement, Exhibit A, which is attached to this IFB as Attachment 10, for a more complete description of services.

B) Bidder’s Minimum Qualifications The Bidder shall be properly licensed in accordance with the laws of the State of California and shall at the time of bid submittal possess the following licenses:

1. D-21 (Machinery and Pumps) license (required from Prime Contractor)

2. C-10 (Electrical) license will be required to perform electrical work (required from either

Prime Contractor or Subcontractor).

3. C-31 (Construction Zone Traffic Control) license will be required to perform traffic control services (required from either Prime Contractor or Subcontractor).

By submitting its bid, Bidder certifies, under penalty of perjury, that its California State License Board (CSLB) license is in a classification appropriate to the work to be undertaken as identified in the Proposed Form of Agreement, Exhibit A, Scope of Work, Attachment 10. This requirement has also been added in the Proposed Form of Agreement, Exhibit E, Attachment 10. Refer to Section C, Bid Requirements and Information, Paragraph 9, Contractor License, for submittal requirements.

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

C) Bid 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)

IFB available to prospective bidders 2/11/16 Written Question Submittal 2/19/16 Final Date and Time for Bid Submission 3/22/16 2:15 PM Bid Opening 3/22/16 3:00 PM

2. Questions and Answers A. Questions regarding this IFB must be submitted in writing by 2/19/16. Bidders are encouraged to submit their written questions via eProcurement.

B. Written questions must include: the individual's name, firm name, complete address and must reference IFB No.04A4828. Questions must be sent to one of the following:

EMAIL, MAIL OR FAX TO:

Email: kasen.knight@dot.ca.gov

Department of Transportation Division of Procurement and Contracts Attention: Kasen Knight 1727 30th Street, MS-65 Sacramento, CA 95816

Fax No.: (916) 227-6028

C. Written responses to all questions will be collectively compiled and posted, as an Addendum, to the Bid Sync website (http://www.bidsync.com/). It is the responsibility of the Bidder to access the website for any changes or addenda that may be posted. Refer to this IFB, Section C 1, Time Schedule, for the schedule of events and dates/times. It is the responsibility of the bidder to check Bid Sync for all addenda. Bidder can contact the Contract Analyst named above:

3. Costs Included in Bid Rates Bid 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 paid unless separate payment provisions in the Agreement should specifically provide otherwise.

4. Employment of Undocumented Workers No state agency or department, as defined in California Public Contract Code (PCC) section 10335.7, that is subject to this code, shall award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a Public Works Agreement, who has, in the preceding five years, been convicted of violating a State or Federal law regarding the employment of undocumented workers (PCC section 6101).

5. Small Business Preference: http://www.pd.dgs.ca.gov/smbus

SB Preference will be granted on this IFB. Only firms certified as a "Small Business” or “Microbusiness" with the Department of General Services (DGS), Office of Small Business and DVBE Service (OSDS) or contractors who commit to subcontracting a minimum of 25 percent (25%) of their net bid price to SB or MB, in the categories most appropriate to accomplish the prescribed services , will be granted this preference.

6. State General Prevailing Wage Rates State General Prevailing Wage Rates will apply for the County(ies) of Alameda and Contra Costa as described in the attached Proposed Form of Agreement (Attachment 10). The predetermined general prevailing wage rates published by the Director of Industrial Relations may be obtained via the Internet: http://www.dir.ca.gov or from the Caltrans District or Region Labor Compliance Officer Proposed Form of Agreement’s, (Attachment 10). It is the bidder's responsibility to use the correct classification determination published by the Department of Industrial Relations.

http://www.bidsync.com/ http://www.pd.dgs.ca.gov/smbus http://www.dir.ca.gov/OPRL/PWD/Index.htm

7. Motor Carrier Permit A. The law mandates that a Motor Carrier of Property under Cal. Vehicle Code section 34620 who provides services under this Agreement must have the required Motor Carrier Permit(s) (MCP) issued by the Department of Motor Vehicles.

B. Each bidder must provide evidence with its bid that it possesses and maintains in good standing a Motor Carrier Permit (MCP) issued by the California Department of Motor Vehicles (DMV). Caltrans will verify that the bidder has met this requirement prior to Agreement award and may check periodically throughout the term of the Agreement to ensure that the bidder's MCP is in effect and in good standing. Failure to meet this requirement will result, as applicable, in rejection of that Contractor’s bid or termination of the Agreement for default under the Termination provision in Proposed Form of Agreement, Exhibit D, Termination.

C. For more information, the bidder may call its local DMV permit office or the Sacramento DMV Motor Carrier Services Branch at (916) 657-8153. Prior to obtaining a Motor Carrier Permit, the bidder must have a California “CA Number” issued by the California Highway Patrol (CHP). To request a CA Number, the bidder may call its local CHP office or the Sacramento CHP Commercial Records Unit at (916) 375-2810. DMV: Or use the link provided: (http://dmv.ca.gov/vehindustry/mcp/mcpinfo.htm)

8. Contractor Registration Program A. No Contractor or Subcontractor may be listed on a bid proposal for a public works contract unless registered with the Department of Industrial Relations (DIR), pursuant to Labor Code (LC) section 1725.5 [with limited exceptions from this requirement for bid purposes only under LC section 1771.1(a)].

B. No Contractor or Subcontractor may be awarded a public works contract unless registered with DIR pursuant to LC section 1725.5.

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

9. Contractor License Bidder must have, at time of bid submittal and for the duration of the contract, a valid, current

1. D-21 (Machinery and Pumps) license (required from Prime Contractor)

2. C-10 (Electrical) license will be required to perform electrical work (required from either

Prime Contractor or Subcontractor).

3. C-31 (Construction Zone Traffic Control) license will be required to perform traffic control services (required from either Prime Contractor or Subcontractor) issued by the California Contractors State License Board (CSLB), for the type of work to be performed.

Bidder shall obtain, pay for and maintain, in good standing, all necessary licenses and permits to accomplish the work. Bidders will be considered non-responsive unless proper licensing requirements are met. An invalid license will result in rejection of the bid. Positive verification of a valid license issued by the CSLB will be performed by Caltrans (reference Business & Professions Code section 7028.15).

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/vehindustry/mcp/mcpinfo

10. Subcontractors Bidder may subcontract portions of the work as defined in the attached Proposed Form of Agreement. If a subcontractor(s) are used, complete the Bidder Declaration form GSPD–05- 105 (Attachment 2). Bidder must ensure that the subcontractor(s) will have all necessary licenses, permits, and/or certifications to accomplish its portion of the work. Failure of a subcontractor(s) to have the proper licenses, permits, and/or certifications, shall be cause for rejection of bid.

11. Non-Collusion Affidavit for Public Works Bidder must submit, as described herein, a notarized Non-Collusion Affidavit for Public Works.

The Non-Collusion Affidavit is attached to this IFB as Attachment 4. Failure to submit a complete notarized affidavit shall result in rejection of the bid.

12. Bonds A. Bid Bond Required for Bids $281,000 and Greater: Bidder shall submit a *bid bond (executed by an admitted surety insurer) with bid as described herein. The bidder’s bid bond shall be no less than ten percent (10%) of bidder’s total bid, must be notarized and include the embossed surety seal and must include a Power of Attorney if the signee is not an officer of the surety.

Submittal of a bid bond that is not in the appropriate amount, signed and stamped with the surety seal, or failure to submit a bid bond shall be cause for rejection of bid. *The bidder may also submit, in lieu of a bidder’s bond, one of the following forms of bidder’s security:

cash, cashier’s check, or certified check made payable to Caltrans.

B. Payment Bond Requirement: The successful bidder will be required to provide, prior to commencement of work under a Task Order price, a Payment Bond for 100 percent (100%) of the total Task Order, if the Task Order price exceeds $25,000. The Payment Bond is not required at the time of bid submittal; however, it is required, as applicable, prior to the start date of the Task Order. Refer to Proposed Form of Agreement, Exhibit D, Item 13, Bonds, (Attachment 10).

13. 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 ten (10) working days 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, (Attachment 10), 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:

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

14. Darfur Contracting Act A. The Darfur Contracting Act, PCC section 10475-10481, applies to any company that currently or within the previous three 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 PCC section, 10475. All bidders shall complete the Darfur Contracting Act Certification form, Attachment 7, and submit with bid.

B. If your company has not, within the previous three years, had any business activities or other operations outside of the United States, complete Option 1 on the Darfur Contracting Act Certification form, Attachment 7.

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. (PCC section 10477(a)).

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

E. A scrutinized company may still; however, submit a bid or proposal for an Agreement 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 PCC section 10477(b).

15. Bid Submittal A. All bids must be submitted and received by Caltrans Division of Procurement and Contracts, Bid Unit by dates and times shown in the IFB, Section C) Bid Requirements and Information, Item 1) Time Schedule.

B. The mailing package/envelope should be labeled as follows:

Note: All packages not clearly or properly labeled as indicated below, including overnight mail and hand delivered packages may be rejected.

postage YOUR RETURN

ADDRESS

Agreement No. 04A4828 Bid Due Date: 3/22/2016 Bid Due Time: 2:15 P.M.

Bid Opening: 3:00 P.M.

Attention: Kasen Knight

Department of Transportation Division of Procurement and Contracts

ATTN: BID UNIT

1727 30th Street, 4TH Floor, MS-65 Sacramento, CA 95816-7006

BID SUBMITTAL DO NOT OPEN

C. Late bids will not be considered.

D. All bids shall include the documents identified on the IFB’s Attachment Checklist

(Attachment 9). Bids not including the required attachment(s) shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

E. 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 an original ink signature.

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

G. Bid opening will be held at the above address at 3:00 PM on the date specified in Section C - Bid Requirements and Information, Item1 - Time Schedule. Bidders may participate in person or via teleconference by calling 1-866-700-7952 and entering the pass code 7089821#.

Calls will be accepted beginning at 2:50 PM until the conclusion of the bid opening. Bids will be read in Agreement numeric order; questions will not be allowed; and information will not be repeated. Bid opening results will be posted online on the Division of Procurement and Contracts web site at http://caltrans-opac.ca.gov/contracts/bidresults.htm by 12:00 P.M. on the day following the bid opening. The Agreement will be awarded to the lowest responsible bidder meeting the requirements outlined in the IFB.

H. Bids must include the performance of all the services described herein. Any attempt to modify the bid document to deviate from the work specifications will not be considered and will cause a bid to be rejected.

I. A bid 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 bid on the basis that it is not responsive or from a non-responsible bidder, and may waive any immaterial deviation in a bid. Caltrans waiver of an immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

J. Costs for developing bids and in anticipation of award of an Agreement is entirely the responsibility of the bidder and shall not be charged to the State.

K. Only an individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet (Attachment 5). The signature must also indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

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

M. A bidder may withdraw a bid by, prior to bid opening, submitting a written withdrawal request to Caltrans, signed by the bidder or an agent authorized in accordance with Section K, above.

http://caltrans-opac.ca.gov/contracts/bidresults.htm

A bidder may thereafter submit a new bid prior to the bid submittal deadline. Bids may not be withdrawn without cause subsequent to bid submittal deadline.

N. Caltrans may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum sent to all parties who received a bid package.

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

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

Q. Where applicable, the 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 Agreement amount will be made due to a lack of careful examination of work sites and specifications.

R. Caltrans does not accept alternate Agreement language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The State’s GTCs are not negotiable. The GTC 610 may be viewed at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

16. Evaluation and Selection A. At the time of bid opening, each bid proposal’s total and any small business and/or micro business information (if applicable) will be read aloud. Bids are considered preliminary pending review and verification of applicable bid requirements such as: small business preference, DVBE, DBE, licensing, bonding, qualifications, or other requirements as stated in the IFB. Agreements will be awarded to the lowest responsive responsible bidder.

B. Each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB. Caltrans will check the bid 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. Bids 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 lowest responsible bidder meeting the specifications. A bid meets the specifications if it complies with all of the requirements in this solicitation. In the event of a tie bid, Caltrans will draw lots to determine the successful bidder. Only one proposal or bid may be submitted by an entity: individual, firm, partnership, corporation, joint venture or combination thereof. Receipt of more than one bid from an entity will result in all bids from that entity being rejected and returned to the bidder.

17. Award and Protest A. Bid results may be viewed on the internet at 12:00 P.M. (Noon) on the first business day following the bid due date at http://caltrans-opac.ca.gov.

B. Whenever an Agreement is awarded under a procedure that provides for competitive bidding, but the Agreement is not to be awarded to the low bidder, the low bidder shall be given notice http://caltrans-opac.ca.gov/ five (5) working days prior to the award of the Agreement by telegram, electronic facsimile transmission, overnight courier, Internet transmission, or personal delivery.

C. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the Agreement.

D. Grounds for Filing a Protest: After the issuance of the applicable Agreement award notices as specified in this IFB, the right to protest the proposed award of an Agreement is afforded any bidder who claims it should have been awarded the Agreement because it was the lowest responsible bidder meeting the specifications.

E. Filing a Protest: The initial protest must be submitted to the Caltrans, Protest Unit prior to the award of the Agreement. When a protest has been submitted, the Agreement shall not be awarded until either the protest has been withdrawn or Caltrans has decided the matter.

F. Within five (5) days after filing the initial protest, the protesting bidder shall file with Caltrans, Protest Unit with a full and complete written statement specifying the grounds for the protest. The written protest must be sent to the addresses below:

Department of Transportation Division of Procurement & Contracts Attention: Bid, Protest, & Dispute Branch Chief 1727 30th Street, MS-65 Sacramento, CA 95816 Phone Number: (916) 227-6096 Fax Number: (916) 227-1950

Note: It is suggested that you submit any protest by certified or registered mail.

G. Upon award of the Agreement Contractor shall complete and submit to Caltrans, the Payee Data Record form (STD 204), to determine if the Contractor is subject to State income tax withholding pursuant to California Revenue and Taxation Code section 18662 et seq. This form can be found on the Internet at www.osp.dgs.ca.gov under the heading STANDARD FORMS. No payment shall be made unless a completed STD 204 has been returned to Caltrans.

H. Bidder(s) must complete, sign and submit to Caltrans, all pages of the Contractor Certification Clauses (CCC), Attachment 3, with bid package.

18. Standard Conditions of Service A. After award of the Agreement and execution of the Agreement, should the Contractor fail to commence work within five (5) working days after notification of the starting date, or suspend work for a period of five (5) continuous working days after work has begun, Caltrans may provide five (5) calendar days written notice, posted at the job site or mailed to the Contractor, to timely prosecute and complete the work or the Agreement may be terminated and liquidated damages of $500.00 assessed for administrative costs for re-bidding the work or awarding the work to another Contractor. In addition, that Contractor shall be liable to Caltrans for the difference between the Contractor’s bid price and the actual cost of performing the work by the second low bidder or by another Contractor.

http://www.dgs.ca.gov/dgs/ProgramsServices/Forms/FMC/search/resultsNumber.aspx?number=204

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

C. Antitrust Provisions

1) The Contractor offers and agrees and will require all of his other subcontractors and suppliers to agree to assign to the awarding body all rights, title, and interest in and to all causes of action they 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 (BPC)] arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment made by the contractor and all additional assignments made by the subcontractors and suppliers shall be deemed to have been made and will become effective at the time the awarding body tenders final payment to the Contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments.

2) If an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under GC sections 4550 - 4554, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, on 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 bid price, less the expenses incurred in obtaining that portion of the recovery. On demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under GC 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.

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 ten percent (10%) of the amount bid, 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 Section 17030 of the California Business and Professions Code. "Loss Leader" means any article or product sold at less than cost: a) where the purpose is to induce, promote or encourage the purchase of other merchandise; or b) where the effect is a tendency or capacity to mislead or deceive purchasers of prospective purchasers; or c) where the effect is to divert trade from or otherwise injure competitors.

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

D) Special Programs The following Special Programs are applicable to this IFB.

1. Small Business (SB) or Microbusiness (MB) Preference A. GC section 14835 et seq. requires that a five percent (5%) preference be given to contractors who qualify as a certified SB or MB. References to a SB shall also include MB. The rules and regulations of this law, including the definition of a SB for the delivery of services, are contained in Title 2, California Code of Regulations (2 CCR) 1896 et seq.

B. To claim the SB preference, your firm must have its principal place of business located in California and be certified by the California Department of General Services (DGS), Office of Small Business and DVBE Services (OSDS). The preference amount may not exceed fifty thousand dollars ($50,000) for any bid. If prospective Contractor is claiming the five percent (5%) SB preference, complete Section 16 of the Bid/Bidder Certification Sheet (Attachment 5).

C. Pursuant to GC section 14838 and 2 CCR 1896, if a bidder is not a certified SB, but wishes to be eligible for the five percent (5%) non-small business (NSB) preference, the bidder must subcontract at least 25 percent (25%) of its net bid price to one or more certified SBs. If bidder is claiming the five percent (5%) NSB preference, complete Section 17 of the Bid/Bidder Certification Sheet (Attachment 5), and Bidder Declaration, GSPD-05-105 (Attachment 2). Bidder shall list the names of all certified SB firms being claimed for credit on the GSPD- 05-105 form. For each certified SB subcontractor listed, the bidder shall submit a copy of the quotes from each SB (on the SB’s company letterhead) as Attachment 2A, titled “Quotes from SB Subcontractors.” This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

D. Certified SB bidder(s) shall have precedence over NSB bidders in the application of SB preference(s).

E. SB preferences may not be applied to any bid deemed non-responsive with the solicitation instructions or from a non-responsible bidder.

F. Questions regarding the certification approval process or SB program should be directed to OSDS at (800) 559-5529 or (916) 375-4940. For the 24-Hour Recording & Mail Request call

(916) 322-5060, or E-mail: osdshelp@dgs.ca.gov.

G. Additional references are at http://www.dgs.ca.gov/pd/Programs/OSDS.aspx.

2. Disabled Veteran Business Enterprise (DVBE) Programs A. DVBE Participation Program with NO Goals

A DVBE goal is not required, but DVBE participation is encouraged, and a DVBE incentive will apply to this IFB as described below.

B. DVBE Incentive Program

1) The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE Participation Program and was established in MVC §999 et seq., and 2 CCR §1896.99 et seq., to encourage bidders to partner with DVBE subcontractors. A dollar cap of $100,000 is set for all combined incentives and preferences. The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. Any responsive and responsible bidder with the confirmed DVBE participation per the Tables in paragraph 3) below is eligible to receive the incentive. Bidders who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive.

http://www.dgs.ca.gov/pd/Programs/OSDS.aspx

2) Caltrans will apply an incentive to bids proposing the utilization of DGS Certified DVBE firms identified on the Bidder Declaration, GSPD-05-105. Information provided on the Bidder Declaration, GSPD-05-105 shall be verified by Caltrans prior to the award of the Agreement. The incentive amount is equal to a percentage of the lowest responsive and responsible bid based on the amount of DVBE participation in the bid being evaluated per the Tables below.

3) Tables for IFB (Low Price Method)

Goal Not Required

Verified DVBE Participation DVBE Incentive Amount

Bidder is Certified DVBE 5%

4) When applying the DVBE Incentive, a NSB shall not displace an award to a DGS Certified Small Business.

5) Additional information: http://www.dgs.ca.gov/pd/Programs/OSDS.aspx.

http://www.dgs.ca.gov/pd/Programs/OSDS.aspx

Invitation for Bid Agreement Number 04A4828

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION

BID PROPOSAL ATTACHMENT 1

ADM-1412 (REV. 11/2015)

CONTRACTOR’S NAME (Please Print):

ITEM

NO.

ESTIMATED

QUANTITY

UNIT OF

MEASURE ITEM UNIT PRICE

( Price Per Unit of Measure)

TOTAL

(Estimated Quantity X Unit

Price)

1 600 Hour Labor for removal and replacement of Pumps and/or motors and related equipment (Alameda County) $ $

2 25 Day Auxiliary Pump Rental (Alameda County) $ $

3 750 Hour Labor for Shop Repair Work (Alameda County) $ $

4 750 Hour Labor for Field Repair Work (Alameda County) $ $

5 500 Hour Labor for Machine Shop Work (Alameda County) $ $

Sub Total Item Numbers 1 thru-5

(1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. 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 ITEM, THE

UNIT PRICE SHALL PREVAIL.

(3) ANY ALTERATIONS, MODOFICATION OR CHANGES TO THIS BID PROPOSAL SHEET BY THE BIDDER IS

GROUNDS TO REJECT ITS BID

(4) EACH LINE MUST BE BID. PLEASE DO NOT LEAVE ANY UNIT PRICE COLUMN BLANK OR THIS BID MAY

BE DISQUALIFIED FROM COMPETITION FOR CONTRACT AWARD.

TOTAL THIS

PAGE

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION

BID PROPOSAL ATTACHMENT 1

ADM-1412 (REV. 11/2015)

CONTRACTOR’S NAME (Please Print):

ITEM

NO.

ESTIMATED

QUANTITY

UNIT OF

MEASURE ITEM UNIT PRICE

( Price Per Unit of Measure)

TOTAL

(Estimated Quantity X Unit

Price)

6 600 Hour Labor for removal and replacement of Pumps and/or motors and related equipment (Contra Costa County)

7 25 Day Auxiliary Pump Rental (Contra Costa County) $ $

8 750 Hour Labor for Shop Repair Work (Contra Costa County) $ $

9 750 Hour Labor for Field Repair Work (Contra Costa County) $ $

10 500 Hour Labor for Machine Shop Work (Contra Costa County) $ $

Sub Total Items 6 through 10 $

11 Contra Costa County and Alameda Counties Combined (Item numbers 1 through 10)

Sub Total Items (1 through 10) $

12 Lump Sum Unforeseen Parts and Materials (Actual Cost without markup, receipts required. See Exhibit A # 6G and Exhibit B # 5.

10% of Item Number 11 $

(1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. 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 ITEM, THE

UNIT PRICE SHALL PREVAIL.

(3) ANY ALTERATIONS, MODOFICATION OR CHANGES TO THIS BID PROPOSAL SHEET BY THE BIDDER IS

GROUNDS TO REJECT ITS BID

(4) EACH LINE MUST BE BID. PLEASE DO NOT LEAVE ANY UNIT PRICE COLUMN BLANK OR THIS BID MAY

BE DISQUALIFIED FROM COMPETITION FOR CONTRACT AWARD.

TOTAL THIS

PROPOSAL

(ITEM 11 & 12) $

BIDDER DECLARATION

1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form):

a. Identify current California certification(s) (MB, SB, NVSA, DVBE): ____________ or None ____ (If “None”, go to Item #2)

b. Will subcontractors be used for this contract? Yes ___ No ___ (If yes, indicate the distinct element of work your firm will perform in this contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary.

c. If you are a California certified DVBE: (1) Are you a broker or agent? Yes ___ No ___

(2) If the contract includes equipment rental, does your company own at least 51% of the equipment provided in this contract (quantity and value)? Yes ___ No ___ N/A ___

2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this contract. (Attach additional pages if necessary):

Subcontractor Name, Contact Person, Subcontractor Address CA Certification (MB, SB, Work performed or goods provided Corresponding Good 51% Phone Number & Fax Number & Email Address NVSA, DVBE or None) for this contract % of bid price Standing? Rental?

CERTIfICATION: By signing the bid response, I certify under penalty of perjury that the information provided is true and correct.

State of California—Department of General Services, Procurement Division

GSPD–05–105 (REV 08/09)

ATTACHMENT 2

Invitation for Bid Agreement Number 04A4828

BIDDER DECLARATION Instructions All prime bidders (the firm submitting the bid) must complete the Bidder Declaration.

1.a. Identify all current certifications issued by the State of California. If the prime bidder has no California certification(s), check the line labeled “None” and proceed to Item #2. If the prime bidder possesses one or more of the following certifications, enter the applicable certification(s) on the line:

1.b. Mark either “Yes” or “No” to identify whether subcontractors will be used for the contract. If the response is “No”, proceed to Item #1.c. If “Yes”, enter on the line the distinct element of work contained in the contract to be performed or the goods to be provided by the prime bidder. Do not include goods or services to be provided by subcontractors.

Bidders certified as MB, SB, NVSA, and/or DVBE must provide a commercially useful function as defined in Military and Veterans Code Section 999 for DVBEs and Government Code Section 14837(d)(4)(A) for small/ microbusinesses.

Bids must propose that certified bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified in the solicitation.

Note: A subcontractor is any person, firm, corporation, or organization contracting to perform part of the prime’s contract.

1.c. This item is only to be completed by businesses certified by California as a DVBE.

(1) Declare whether the prime bidder is a broker or agent by marking either “Yes” or “No”. The Military and Veterans Code Section 999.2 (b) defines “broker” or “agent” as a certified DVBE contractor or subcon-tractor that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more of the disabled veteran owners has at least 51-percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract.

(2) If bidding rental equipment, mark either “Yes” or “No” to identify if the prime bidder owns at least 51% of the equipment provided (quantity and value). If not bidding rental equipment, mark “N/A” for “not applicable.”

2. If no subcontractors are proposed, do not complete the table. Read the certification at the bottom of the form and complete “Section 1” on the form.

If subcontractors will be used, complete the table listing all subcontractors. If necessary, attach additional pages and complete the “Sections1 & 2” accordingly.

2. (continued) Column Labels

Subcontractor Name, Contact Person, Phone Number & Fax Number—List each element for all subcontractors.

Subcontractor Address & Email Address—Enter the address and if available, an Email address.

CA Certification (MB, SB, NVSA, DVBE or None)—If the subcontractor possesses a current State of California certification(s), verify on this website (www.eprocure.pd.dgs.ca.gov).

Work performed or goods provided for this contract—Identify the distinct element of work contained in the contract to be performed or the goods to be provided by each subcontractor. Certified subcontractors must provide a commercially useful function for the contract. (See paragraph 1.b above for code citations regarding the definition of commercially useful function.) If a certified subcontractor is further subcontract-ing a greater portion of the work or goods provided for the resulting contract than would be expected by normal industry practices, attach a separate sheet of paper explaining the situation.

Corresponding % of bid price—Enter the corresponding percentage of the total bid price for the goods and/or services to be provided by each subcontractor. Do not enter a dollar amount.

Good Standing?—Provide a response for each subcontractor listed. Enter either “Yes” or “No” to indicate that the prime bidder has verified that the subcontractor(s) is in good standing for all of the following:

of California Secretary of State to be in good standing

• Possesses valid State of California certification(s) if claiming MB, SB, NVSA, and/or DVBE status

51% Rental?—This pertains to the applicability of rental equipment. Based on the following parameters, enter either “N/A” (not applicable), “Yes” or “No” for each subcontractor listed.

Enter “N/A” if the:

• Subcontractor is NOT a DVBE (regardless of whether or not rental equipment is provided by the subcontractor) or

• Subcontractor is NOT providing rental equipment (regardless of whether or not subcontractor is a

DVBE)

Enter “Yes” if the subcontractor is a California certified DVBE providing rental equipment and the subcontractor owns at least 51% of the rental equipment (quantity and value) it will be providing for the contract.

Enter “No” if the subcontractor is a California certified DVBE providing rental equipment but the sub-contractor does NOT own at least 51% of the rental equipment (quantity and value) it will be providing.

Read the certification at the bottom of the page and complete the “Page _1_ of _2_” accordingly.

State of California—Department of General Services, Procurement Division GSPD–05–105 (REV 08/09) Instructions

Invitation for Bid Agreement Number 04A4828

Page 2 of 2ATTACHMENT 2

ATTACHMENT 2A

Invitation for Bid No. 04A4828

QUOTES FROM SB OR DVBE SUBCONTRACTORS

Bidder shall attach copies of SB OR DVBE SUBCONTRACTORS quotes (on SB or DVBE’s letterhead) from any SB or DVBE subcontractors listed in the form GSPD-05-105. Refer to instructions in IFB Section D), Items 1 C and 2 A 2).

ATTACHMENT 3

CONTRACTOR CERTIFICATION CLAUSES

CCC-307

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above.

(Gov. Code §8350 et seq.)

1.NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply

ATTACHMENT 3

CONTRACTOR CERTIFICATION CLAUSES

with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:

Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of…