07A3944IFBPacket.pdf

Form Name Attachment No # Pages

Invitation for Bid- Cover Letter 1

Invitation for Bid 11

Bid Proposal, ADM 1412 1 3

Bidder Declaration form GSPD-05-105 2 2

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

Iran Contracting Act 8 1

Bid Bond 9 1

Copies of quotes from SB or DVBE subcontractors listed in form GSPD-05-105 (Attachment 2)

10 1

Required Attachment Checklist 11 1

Proposed Form of Agreement, STD 213 12 62

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. 07A3944

Bid Due Date: 4/14/16 Postage

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!

March 30, 2016

INVITATION FOR BID (IFB)

IFB # 07A3944

Notice to Prospective Contractors

You are invited to review and respond to this IFB #07A3944, entitled, Drain Inlet Facilities Inspections.

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 12, Proposed form of Agreement for requirement details.

The designated contact person for this IFB is:

Dennis Lew

Caltrans

Email address

(916) 227-6048

(916) 227-6007

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, DENNIS LEW

Contract Analyst http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

Invitation For Bid

IFB Number 07A3944

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. State General Prevailing Wages 2

6. Contractor Registration Program 2

7. Contractor License 3

8. Subcontractor 3

9. Non-Collusion Affidavit for Public Works 3

10. Bonds 3

11. Insurance 3

12. Darfur Contracting Act 4

13. Iran Contracting Act 4

14. Bid Submittal 5

15. Evaluation and Selection 7

16. Award and Protest 7

17. 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

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. Iran Contracting Act

9. Bid Bond

10. Copies of quotes from SB or DVBE subcontractors listed in form GSPD-05-

105 (Attachment 2)

11. Required Attachment Check List

12. 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, vehicles, license, permits, supplies, materials, equipment, and incidentals to perform Drain Inlet Facilities Inspections along various State Routes in District 7, Los

Angeles and Ventura Counties.

Refer to the Proposed Form of Agreement, Exhibit A, which is attached to this IFB as Attachment

12 for a more complete description of services.

B) Bidder’s Minimum Qualifications

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 12. This requirement has also been added in the Proposed Form of Agreement, Exhibit E, Attachment 12. Refer to

Section C, Bid Requirements and Information, Paragraph 7, Contractor License, for submittal requirements.

The Contractor shall have a current and valid Class A – General Engineering Contractor’s License.

The license shall be current and valid at the time of bid submittal and the awardee shall maintain it for the duration of this Agreement.

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 3/30/16

Written Question Submittal 4/7/16

Final Date and Time for Bid Submission 4/14/16 2:15 PM

Bid Opening 4/14/16 3:00 PM

2. Questions and Answers

A. Questions regarding this IFB must be submitted in writing by (4/7/16). Bidders are encouraged to submit their written questions via dennis.lew@dot.ca.gov.

B. Written questions must include: the individual's name, firm name, complete address and must reference IFB No. 07A3944. Questions must be sent to one of the following:

EMAIL, MAIL OR FAX TO:

Email: dennis.lew@dot.ca.gov

Caltrans

Division of Procurement and Contracts

Attention: Dennis Lew

1727 30th Street, MS-65

Sacramento, CA 95816 mailto:dennis.lew@dot.ca.gov

Fax No.: (916) 227-6155

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 this IFB, Section C 1, Time Schedule, for the schedule of events and dates/times. It is the responsibility of the bidder to check Cal eProcure 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. State General Prevailing Wage Rates

State General Prevailing Wage Rates will apply for the Counties of Los Angeles and Ventura as described in the attached Proposed Form of Agreement (Attachment 12). 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, as Attachment 6. It is the bidder's responsibility to use the correct classification determination published by the Department of Industrial Relations.

6. 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.

D. Click the following link for Contractor Registration:

https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm https://caleprocure.com/pages/index.aspx http://www.dir.ca.gov/OPRL/PWD/Index.htm https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm

7. Contractor License

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

(Class A – General Engineering Contractor) license 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).

8. Subcontractors

Bidder may subcontract portions of the work as defined in the attached Proposed Form of

Agreement. If a subcontractor(s) is/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.

9. 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.

10. Bonds

A. Bid Bond Required for Bids $291,000 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 12, Bonds, (Attachment 12).

11. 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 12), 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.

12. 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).

13. Iran Contracting Act

A. Pursuant to the Iran Contracting Act of 2010 (Public Contract Code Sections 2200 et seq., hereinafter “the Act”), persons identified on the list established under Public Contract Code

Section 2202.5 (hereinafter, “List”) are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the State for goods or services of one million dollars or more.

B. Any person, who submits a bid or proposal, must complete and submit to Caltrans with its bid or proposal, the Iran Contracting Act Certification, Attachment 8 certifying that it is not on the most current List unless the person is exempted from the certification requirement by

Public Contract Code Section 2203 (c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section

2203(c) or (d) with its bid or proposal.

C. Any person, for a contract that is exempt from bidding or is renewed, or for whom a contract is otherwise awarded by the State, must complete and submit to Caltrans the Iran Contracting

Act Certification, certifying that it is not on the most current List, before the contract has been executed by the parties, unless the person is exempted from the certification requirement by

Public Contract Code Section 2205 (c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203

(c) or (d), before execution of the contract.

14. 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.

C. Late bids will not be considered.

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

(Attachment 11). 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 postage YOUR RETURN

Agreement No. 07A3944

Bid Due Date: 4/14/16

Bid Due Time: 2:15 P.M.

Bid Opening: 3:00 P.M.

Attention: Dennis Lew

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

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.

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.

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

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

15. 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.

16. 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 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.

http://caltrans-opac.ca.gov/

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.

17. 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.

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 http://www.dgs.ca.gov/dgs/ProgramsServices/Forms/FMC/search/resultsNumber.aspx?number=204 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 10, 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.

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.

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

3) Tables for IFB (Low Price Method)

Goal Not Required

Verified DVBE

Participation

DVBE Incentive

Amount

5% or more 5%

4% - 4.99% 4%

3% - 3.99% 3%

2% - 2.99% 2%

0.1% - 1.99% 1%

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

Agreement Number 07A3944

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION

BID PROPOSAL ATTACHMENT 1

ADM-1412 (REV. 11/2015)

CONTRACTOR’S NAME (Please Print): CONTRACT NO.

ITEM

NO.

ESTIMATED

QUANTITY

UNIT OF

MEASURE

ITEM

UNIT PRICE

(Price per Unit of Measure)

TOTAL

(Estimated Quantity X Unit Price)

1 1 Lump Sum

DATABASE MANAGEMENT & PRE-PLANNING as described in Exhibit A, Scope of Work (SOW) Includes accessing the previous year’s database for the purpose of determining the Core Area drain inlets for inspection. Printing Route Books to assist in the actual inspection. Inspection procedures and protocols. Detailed scheduling including traffic control coordination.

Health and Safety Plans and reporting procedures. Updating of the database to include the year’s inspection and cleaning data from 05/01/2016 through 04/30/2017

2 10000 Each

DRAIN INSPECTION as described in Exhibit A, SOW.

The Contractor shall inspect all right shoulders and on and off ramp drains inlets in the Core Area of District 07 beginning on August 01, 2016 and completed by September 01, 2016. Inspections shall include all data as defined in Exhibit A. Drain inlets include all curb inlets, drop inlets and catch basins. Any pre-inspections / post inspections will also be paid at this rate.

3 4000 Each

RE-NUMBERING DRAIN INLETS as described in Exhibit A, SOW.

The Contractor shall renumber drain inlets at locations as directed by the Caltrans Contract Manager. Drain inlet numbers are to be engraved on hard plastic and affixed with the appropriate epoxy to permanent structures such as K-rail, guardrail, or concrete or asphalt surfaces. Re-numbering shall occur from 05/01/2016 through 04/30/2017

4 1000 Hour

MOVING LANE CLOSURES as described in Exhibit A, SOW.

The Contractor shall supply all equipment, devices, labor, personnel, material and tools for traffic control required in the performance of this work. The unit cost is for traffic control that affects a traffic lane. See Exhibit A, for details pertaining to the requirements of moving Lane Closures.

Note: All traffic control shall be coordinated through Caltrans Maintenance Contract Manager and the Los Angeles Caltrans Traffic Management Branch. Moving Lane Closures may occur between 05/01/2016 through 04/30/2017.

TOTAL THIS

SHEET

ESTIMATED

QUANTITY

UNIT OF

MEASURE

ITEM

UNIT PRICE

(Price per Unit of Measure)

TOTAL

(Estimated Quantity X Unit Price)

5 1 Each

FINAL REPORT as described in Exhibit A, SOW A final report on the Drain Inspection and Drain Cleaning Program shall be provided. This report shall encompass the requirements of Exhibit A, Data Analysis. The final report shall be approved by the Caltrans Contract Manager. The first draft shall be completed and submitted to Caltrans on or before February 15, 2017. The final approved report plus twenty (20) copies shall be completed and received on or before March 15, 2017. Changes in dates may occur based on Caltrans Contract Manager’s Approval

6 1 Each As described in Exhibit A, SOW. Additional Copies of Final Report.

Twenty (20) copies covering 05/01/16 through 04/30/17

7 10000 Each

DRAIN INSPECTION as described in Exhibit A, SOW The Contractor shall inspect all right shoulder and on and off ramp drain inlets in the Core Area of District 7 beginning on August 1, 2017 and complete by September 1, 2017 Los Angeles County and September 1st 2017 to September 21, 2017 Ventura County.

Inspections shall include all data as defined in Exhibit A. Drain inlets include all curb inlets, drop inlets, and catch basins. Any pre-inspections / post inspections will also be paid at this rate.

8 4000 Each

RE-NUMBERING DRAIN INLETS as described in Exhibit A, SOW.

The Contractor shall renumber drain inlets at locations as directed by the Caltrans Contract Manager. Drain inlet numbers are to be engraved on hard plastic labels and affixed with the appropriate epoxy to permanent structures such as K-rail, guardrail, or concrete or asphalt surfaces. Renumbering shall occur from 05/01/2017 through 04/30/2018

TOTAL THIS

SHEET

ESTIMATED

QUANTITY

UNIT OF

MEASURE

ITEM

UNIT PRICE

(Price per Unit of Measure)

TOTAL

(Estimated Quantity X Unit Price)

9 1000 Per Hour

MOVING LANE CLOSURE as described in Exhibit A, SOW.

The Contractor shall supply all equipment, devices, labor, personnel, materials and tools for traffic control required in the performance of this work. The unit cost is for traffic control that affects a traffic lane. See Exhibit A, for details pertaining to the requirements of Moving Lane Closures. Note: All traffic control will be coordinated through Caltrans Maintenance Contract Manager and the Los Angeles Caltrans Traffic Management Branch.

Services shall occur between 05/01/2017 through 04/30/2018

10 1 Each

FINAL REPORT as described in Exhibit A, SOW.

A final report on the Drain Inspection and Drain Cleaning Program will be provided. This report will encompass the requirements of Exhibit A. Data Analysis. The final report shall be approved by Caltrans. The first draft shall be completed and submitted to Caltrans on or before February 15, 2018. The final approved report plus twenty (20) copies shall be completed and received on or before March 15, 2018. Changes in dates may occur based on the Caltrans Contract Manager’s approval.

11 1 Each As described in Exhibit A, SOW. Additional copies of Final Report.

Twenty (20) copies covering 05/01/2017 through 04/30/2018

(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.

TOTAL THIS SHEET

(2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE

UNIT PRICE SHALL PREVAIL.

TOTAL THIS PROPOSAL

(ADD PAGES 1, 2, AND 3)

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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

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 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 equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California

Department of Industrial Relations website located at https://www.dir.ca.gov/sweatfreecode.htm, and

Public Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code Section 10295.3.

https://www.dir.ca.gov/sweatfreecode.htm

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):

1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the

Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.

c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local…