H._Final_Solicitation.pdf

Solicitation No. 09A1057

The following is the Table of Contents for the Small Business Minor B Package documents:

Table of Contents 1 Page

Invitation for Price Quote Cover Letter 1 Page

General Bidders Instructions/Checklist 2 Pages

Proposed Form of Agreement, STD 213 2 Pages

Specifications 21 Pages

Link to the 2024 Edition of the Standard Specifications Page 22

The Bid Package contains 7 Project Plans for this project.

CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR

California Department of Transportation

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th STREET, MS 65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

TTY 711

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

Invitation for Price Quote (IFPQ)

Contract No. 09A1057 Quote Due Date: May 1, 2025

Prospective Contractors:

California Department of Transportation (Caltrans/Department) has issued the enclosed Invitation for Price Quote (IFPQ) for services described in the enclosed proposed contract.

Please read the entire contract package and all attachments carefully. If you desire to submit a quote, complete the Price Quote sheet and email it to the Analyst listed in the IFPQ. Your signature affixed to and dated on the quote proposal shall constitute a certification under penalty of perjury, unless exempted, that you have complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations, Section 11102, and the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964, 49 Code of Federal Regulations (CFR) Part 21, and 23 CFR Part 200.

Award of this contract will be to the lowest responsible contractor whose quote complies with all requirements as described in this IFPQ.

If your bid is more than $461,000.00, it will be rejected per Public Contract Code Section 10105(b).

Contractor must be a Certified Small Business at the time of the quote date.

Invitation for Price Quote

CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR

California Department of Transportation

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th Street, MS 65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

TTY 711

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

General Contractors Instructions/Checklist

Solicitation No. 09A1057

A complete bid or bid package will consist of the items identified below.

that you are submitting to Caltrans. All attachments identified below (unless noted otherwise) are required and must be attached in your Bid Package submittal (links to documents are not acceptable), or your bid may be considered non-responsive. It is the responsibility to confirm receipt of their bid before the time the bid is due. Omission of documents or bids lost during transmission will be deemed non-responsive.

Return this checklist with your bid package.

Quotes omitting this information may be regarded as non-responsive and rejected.

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

Price Quote Proposal for Unit Items (ADM-1509). Complete and sign the Price Quote Proposal for Unit Item Sheet(s).

Subcontractor List (DES-OE-0102.2.C) can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DESOE0102.2C. List all subcontractors, including DVBEs, as applicable to the requirements of this solicitation.

Contract Requirements (ADM-0378) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM0378 Small Business Status (DOT DES-OE-0102.4) can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/showForm2?frmid=DOTDESOE0102.4.

California Company Preference (DES-OE-0102.9) can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DESOE0102.9.

Certified DVBE Summary (DOT ADM-4015) can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/showForm2?frmid=DOTADM4015.

Contractor Certification Clauses (CCC 04/2017) can be downloaded at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language.

California Civil Rights Laws Certification (DOT ADM-0076) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM0076.

Darfur Contracting Act Certification (DOT ADM-0077) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM0077.

DOT DES-OE-0102.14 In-Use Off-Road Diesel-Fueled Vehicle List can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/showForm2?frmid=DOTDESOE010214.

The following forms and information will be required at the time of contract award and signature.

Payment Bond (ADM-2009) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM2009 Certificate(s) of Insurance Postconsumer-Content Certification (CalRecycle 74) can be downloaded at https://www.google.com/url?client=internal-element-cse&cx=017557373779849962485:erv3s56gka0&q=https://www2.calrecycle.ca.gov/Docs/Web/1114 80&sa=U&ved=2ahUKEwiK0-qnvd6IAxWPKkQIHcH3HiIQFnoECAcQAQ&usg=AOvVaw37dYPswR47anIRTKPDAvXb.

Payee Data Record (STD 204) can be downloaded at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf. This form is designed to allow vendors to self-report information needed for accurate and complete reporting of vendor payment income.

Completion of this form is required by all vendors providing goods and/or services to the State of California.

Contract Will Not Be Executed Without These Documents.

PROPOSED FORM OF AGREEMENT

DO NOT COMPLETE

Continued on the following sheets, each bearing the Agreement/Contract number.

The provisions on the following pages hereof constitute a part of the Agreement

TBD

09A1057

1. Contractor agrees to indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this contract.

2. Contractor, and the agents and employees of Contractor, in the performance of the Agreement, shall act in an independent capacity and not as officers or employees or agents of State of California.

3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due Contractor under this agreement, and the balance, if any, shall be paid Contractor upon demand.

4. Without the written consent of the State, this Agreement is not assignable by Contractor either in whole or in part.

5. Time is of the essence in this Agreement.

6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

7.

expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

Small Business Minor B Solicitation

Quotes open: Thursday, May 1, 2025 Dated: April 17, 2025

Revised 10/31/2024

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

Notice to Bidders And

Special Provisions For Construction On State Highway In KERN COUNTY

In District 09 On Route 14

Under

Standard Specifications dated 2024

Project plans approved January 31, 2025 Standard Plans dated 2024

Identified by

Contract No. 09A1057

09-KERN-14-22.2

Project ID 0925000024

Contract No. 09A1057

SPECIAL NOTICES

California Civil Rights Laws

Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with a State agency with respect to any contract in the amount of one hundred thousand dollars ($100,000) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, that they satisfy all of the conditions set forth in California Public Contract Code Section 2010 and they shall execute the Certification attached.

Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards

In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless Caltrans, the State of California, and each and all of their officers, agents, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of Caltrans, the State of California, and/or any of their officers, agents, and/or employees.

Mandatory Organic Waste Recycling

It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from Caltrans Contract Manager.

ADA Compliance

All entities that provide electronic or information technology or related services that will be posted online by Caltrans must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

Satisfying a Self-Insured Retention (SIR)

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

Available Coverages/Limits

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

Electronic Signatures

Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures for this Agreement. Documents that are referenced by this Agreement may still require manual signatures.

Executive Order N-6-22 – Russia Sanctions

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

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

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

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

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

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

a) functionality of a State system,

b) risk to the State, or

c) Contract performance.

Note: For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in

State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

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

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

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

https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

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

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

Bid Bonds

Bid bonds are only required for agreements over $461,000.00. Contractors are no longer required to purchase and submit a Bid Bond when bidding on Minor B Projects. Section 2-1.34 of the 2024 Standard Specifications is not applicable to Minor B Projects.

Waste Disposal

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

01-31-25

The special provisions contained herein have been prepared by or under the direction of the following Registered

Persons.

ELECTRICAL

ELECT.

REGISTERED ELECTRICAL ENGINEER 24559

06/30/25

Terry Tran v

Table of Contents

NOTICE TO BIDDERS

SPECIAL PROVISIONS

DIVISION I GENERAL PROVISIONS

1 GENERAL

2 BIDDING

3 CONTRACT AWARD AND EXECUTION

4 SCOPE OF WORK

5 CONTROL OF WORK

6 CONTROL OF MATERIALS

7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

8 PROSECUTION AND PROGRESS

9 PAYMENT

DIVISION II GENERAL CONSTRUCTION

12 TEMPORARY TRAFFIC CONTROL

15 EXISTING FACILITIES

DIVISION X ELECTRICAL WORK

86 GENERAL

87 ELECTRICAL SYSTEMS

LINK TO THE 2024 EDITION OF THE STANDARD SPECIFICATIONS

vi

STANDARD PLANS LIST

The standard plan sheets applicable to this Contract include those listed below.

When applicable, revised standard plans (RSPs) listed below are included in the project plans.

ABBREVIATIONS, LINES, SYMBOLS, AND LEGEND

A3A Abbreviations (Sheet 1 of 3)

A3B Abbreviations (Sheet 2 of 3)

A3C Abbreviations (Sheet 3 of 3)

A10A Legend - Lines and Symbols (Sheet 1 of 5)

A10B Legend - Lines and Symbols (Sheet 2 of 5)

A10C Legend - Lines and Symbols (Sheet 3 of 5)

A10D Legend - Lines and Symbols (Sheet 4 of 5)

A10E Legend - Lines and Symbols (Sheet 5 of 5)

TEMPORARY CRASH CUSHIONS, RAILING AND TRAFFIC SCREEN

RSP T1A Temporary Crash Cushion, Sand Filled (Unidirectional)

T1A1 Temporary Crash Cushion, Sand Filled (Unidirectional)

T1B Temporary Crash Cushion, Sand Filled (Bidirectional)

T2 Temporary Crash Cushion, Sand Filled (Shoulder Installations)

T3A Temporary Railing (Type K)

T3B Temporary Railing (Type K)

T3C Temporary Barrier System (Cross Bolt)

T3D Temporary Barrier System (Cross Bolt)

T3E Temporary Barrier System (Cross Bolt)

T9 Traffic Control System Tables for Lane and Ramp Closures

T11A Traffic Control System for Changeable Lane Closure on Multilane Conventional Highways and Expressways

ROADSIDE SIGNS

ELECTRICAL SYSTEMS - LEGEND AND ABBREVIATIONS

ES-1A Electrical Systems (Legend)

ES-1B Electrical Systems (Legend)

RSP ES-

1C

Electrical Systems (Legend)

ES-3B Electrical Systems (Controller Cabinet Adapter, Foundations, and Pad Details)

ES-13A Electrical Systems (Splice Insulation Methods Details)

Notice to Bidders

Quotes open: Thursday, May 1, 2025

Dated: April 17, 2025

General work description: Replace California City Changeable Message Sign and Controller Cabinet

The Department of Transportation (Department) will receive quotes for Construction on State Highway In Kern County On Route 14 at PM 22.2. California City CMS Replacement

District-County-Route-Post Mile: 09-KERN-14-22.2

Prime Contractor must have either a Class A license or an applicable Class C license.

Prime Contractor must be a certified Small Business under Section 2-1.05.

Department establishes no DVBE Contract goal but encourages bidders to obtain DVBE participation.

Bids must be on a unit price basis.

Complete the work within 3 working days.

The estimated cost of the project is $165,000.00.

The Department will receive quotes until 2:15 p.m. on the quotes open date at:

Analyst’s Email: stacey.toles@dot.ca.gov

*Put SB Contract # in the Subject Line of the Email

Quotes received after this time will not be accepted.

No pre-bid meeting is scheduled for this project.

Quote Packages, including Invitation for Quote, Notice to Bidders, Special Provisions, and Project Plans are available in electronic format only. These documents may be viewed and obtained at:

Cal eProcure website: https://caleprocure.ca.gov/pages/index.aspx

Standard Specifications dated 2024

Standard Plans dated 2024

Present bidders’ inquiries to the District at:

District 09 Construction Duty Senior: Chris Talbot, PE 500 S. Main Street Bishop, CA 93514 Telephone number: (760) 872-0794 Fax number: (760) 872-0717 Email Duty Senior: Chris.Talbot@dot.ca.gov

Questions about alleged patent ambiguity of the plans, specifications, or estimate must be asked before bid opening. After bid opening, the Department does not consider these questions as bid protests.

Department will open bids under Section 2-1.43.

There will be no public opening of quotes. Quotes results will not be listed on the Internet.

mailto:stacey.toles@dot.ca.gov https://caleprocure.ca.gov/pages/index.aspx mailto:Chris.Talbot@dot.ca.gov

Request quote results at:

Analyst’s Name: Stacey Toles Email: stacey.toles@dot.ca.gov Phone: (279) 234-2231

District office addresses are provided in the Standard Specifications.

Prevailing wages may be required on this Agreement under Section 7-1.02K(2). Director of the California Department of Industrial Relations (DIR) determines the general prevailing wage rates.

Obtain the wage rates at the DIR website, http://www.dir.ca.gov, or from the Department's District 6 Labor Compliance Office.

Department has made available Notices of Suspension and Proposed Debarment from the Federal Highway Administration. For a copy of the notices, go to http://ppmoe.dot.ca.gov/des/oe/contractor-info.html. Additional information is provided in the Excluded Parties List System at https://www.dol.gov/ofccp/regs/compliance/preaward/debarlst.htm.

Standard Specifications and Standard Plans may be viewed at Department’s Division of Design website at https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications.

mailto:stacey.toles@dot.ca.gov http://www.dir.ca.gov/OPRL/PWD/Index.htm http://ppmoe.dot.ca.gov/des/oe/contractor-info.html http://ppmoe.dot.ca.gov/des/oe/contractor-info.html https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.dol.gov%2Fofccp%2Fregs%2Fcompliance%2Fpreaward%2Fdebarlst.htm&data=02%7C01%7Ckimberly.fox%40dot.ca.gov%7C415eb37b3bff4ddfd9f208d687c22911%7C621b0a64174043cc8d884540d3487556%7C0%7C0%7C636845665317930395&sdata=nirsW6JifMsUooJNNbezMCat3XgJXa1NFOD20aC5rHc%3D&reserved=0 https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications

Special Provisions

Division I General Provisions

1 General

Replace the definition of Bid Item List in Section 1-1.07B with:

Bid Item List: List of bid items and the associated quantities on the Quote Proposal for Unit Quote Items.

Replace the definition of Director in Section 1-1.07B with:

Director: Department’s District Director.

Add the following to Section 1-1.07B:

Quote: Bid for an agreement with bidders limited to only Small Businesses under Section 2-1.05.

Add the following to the table in Section 1-1.11:

Reference or agency or department unit Website Address

Telephone Number

Office of Civil Rights https://dot.ca.gov/programs/ civil-rights

1823 14th Street Sacramento, CA 95811

(916) 324-0449

2 Bidding

Replace Section 2-1.05 with:

2-1.05 Bidder Eligibility

Bidder must be certified as a small business at the time and date of bid opening and on the date of contract award or have submitted a complete application to the Department of General Services (DGS), Office of Small Business and DVBE Services. The complete application and any required substantiating documentation must be received by DGS by 5:00 p.m. on the bid opening date.

Replace Section 2-1.06A with:

2-1.06A General

Standard Specifications and Standard Plans may be viewed at Bidders’ Exchange website.

The Bid Package may be viewed and obtained at the Cal eProcure website.

The Bid Package includes the Invitation for Bid, Notice to Bidders, Special Provisions, Project Plans, Revised Standard Plans, and a web link to the Standard Specifications and Standard Plans.

Replace the 3rd paragraph of Section 2-1.06B with:

If an Information Handout or cross sections are available, you may view and obtain them at the Cal eProcure website.

Add the following to Section 2-1.10

Submit the form with your bid.

https://dot.ca.gov/programs/civil-rights https://dot.ca.gov/programs/civil-rights

Replace section 2-1.11 with:

2-1.11 IN-USE OFF-ROAD DIESEL-FUELED VEHICLE LIST

Section 2-1.11 applies to non-informal-bid contracts.

Complete and submit the In-Use Off-Road Diesel-Fueled Vehicle List form under section 2-1.33.

On the In-Use Off-Road Diesel-Fueled Vehicle List form, list each fleet used by you or your subcontractor to perform work and is subject to 13 CCR § 2449 et seq. Submit a copy of a valid Certificate of Reported Compliance (13 CCR § 2449, subdivision (n)) for each fleet listed on the form within 10 days of bid opening. Failure to list a fleet used by you or your subcontractor to perform work on the In-Use Off-Road Diesel-Fueled Vehicle List form may result in a nonresponsive bid. Failure to submit the Certificate of Reported Compliance for a fleet listed on the In-Use Off-Road Diesel-Fueled Vehicle List form may result in a nonresponsive bid.

Replace Section 2-1.15 with:

2-1.15 Disabled Veteran Business Enterprises (DVBE)

2-1.15A General

Take necessary and reasonable steps to ensure that DVBEs have opportunity to participate in the Agreement.

Comply with Military and Veterans Code Sections 999 et seq.

Department encourages bidders to obtain DVBE participation to ensure Department achieves its State-mandated overall DVBE goal.

If you obtain DVBE participation:

1. Complete and submit the Certified DVBE Summary form under with your bid. List all DVBE participation on this form.

2. List each first tier DVBE subcontractor in the Subcontractor List form, regardless of percentage of the total bid.

If a DVBE joint venture is used, submit the joint venture agreement with the Certified DVBE Summary form.

List each first tier DVBE, subcontractor on the Subcontractor List (DES-OE-0102C) regardless of percentage of the total bid.

DVBEs must be certified by the bid opening date and remain certified through contract award.

Delete Section 2-1.18.

Delete Section 2-1.27.

Replace Section 2-1.33 with:

2-1.33 Bid Document Completion and Submittal

Complete forms in the Bid Package. Submit the forms with your bid.

Failure to submit the forms and information as specified may result in a nonresponsive bid.

If an agent other than the authorized corporate officer or a partnership member signs the bid, file a Power of Attorney with the Department either before opening bids or with the bid. Otherwise, the bid may be nonresponsive.

Delete Section 2-1.34

Delete the second paragraph of Section 2-1.40.

Replace Section 2-1.43 with:

2-1.43 Bid Opening

The Department opens the bids after the time shown in the Notice to Bidders.

Replace the first paragraph of Section 2-1.47 with:

The Department may grant bid relief under Public Contract Code Sections 5100 et seq. Submit any request for bid relief to DPAC. The Relief of Bid Request form is available at the Department's website.

3 Contract Award and Execution

Add the following to Section 3-1.02A:

For a unit price-based bid, submit the bid with a unit price and the item total (the product of the unit price and the quantity) for each item and a total price (the sum of the item totals) in the spaces provided on the Bid Item List. Prices submitted on the Bid Item List are the basis of comparison of bids except:

1. If a discrepancy between the unit price and the item total exists, the unit price prevails except:

1.1. If the unit price is illegible, omitted, or the same as the item total, item total prevails, and the unit price is the quotient of the item total and the quantity.

1.2. If a decimal error is apparent in the product of the unit price and the quantity, the Department will use either the unit price or item total based on the closest by percentage to the unit price or item total in the Department's Final Estimate.

2. If the unit price and the item total are illegible or are omitted, the bid may be determined nonresponsive.

3. Bids on lump sum items are item totals. If a unit price for a lump sum item is entered and it differs from the item total, the item total prevails.

4. Entries are to be expressed in dollars or decimal fractions of a dollar. Symbols such as commas and dollar signs are ignored and have no significance in establishing unit price or item total.

5. Unit prices and item totals are interpreted by the number of digits and decimal placement. Do not round item totals or the total bid.

Replace Section 3-1.04 with:

3-1.04 Contract Award

If the Department awards the contract, the award is made to the lowest responsible bidder within 30 days after bid opening.

Replace Section 3-1.09 with:

3-1.09 Contract Bonds

Section 3-1.05 does not apply.

If the total bid exceeds $25,000, the successful bidder must furnish a payment bond to secure the claim payments of laborers, workers, mechanics, or materialmen providing goods, labor, or services under the Contract. This bond must be equal to at least 100 percent (100%) of the total bid (Pub. Cont. Code Section 7103).

A performance bond is not required.

Replace Section 3-1.11 with:

3-1.11 Payee Data Record

Complete and sign the Payee Data Record form included in the contract documents.

Replace Section 3-1.18 with:

3-1.18 Contract Execution

The successful bidder must sign the Standard Agreement form to execute the contract.

The bidder's security may be forfeited for failure to execute the contract within the time required.

Add to Section 3:

3-1.20 Budget Disclaimer

If sufficient program funds are not allocated to complete this contract as awarded, the contract may be amended to reflect any reduction in funds or be terminated.

4 Scope of Work

Delete Section 4-1.07C.

Delete Section 4-1.07D.

5 Control of Work

Add to Section 5-1.38:

The Engineer will only consider a request for relief of maintenance and protection responsibility if the Engineer has suspended the work under Section 8-1.06.

Replace Section 5-1.42 with:

5-1.42 Requests For Information (RFI)

Submit an RFI upon recognition of any event or question of fact arising under the Contract.

The Engineer responds to the RFI within three (3) days. Proceed with the work unless otherwise ordered. You may protest the Engineer's response by:

1. Submitting a potential claim record, using the Supplemental Potential Claim Record form, within three (3) days after receiving the Engineer's response

2. Complying with Section 5-1.43

Replace Section 5-1.43 with:

5-1.43 Potential Claims and Dispute Resolution

5-1.43A General

Minimize and mitigate impacts of potentially claimed work or event.

For each potential claim, assign an identification number determined by chronological sequencing and the first date of the potential claim.

Use the identification number for each potential claim on the Supplemental Potential Claim Record form.

Failure to comply with this procedure is a waiver of the potential claim and a waiver of the right to a corresponding claim for the disputed work in the administrative claim procedure.

5-1.43B Potential Claim Record

Submit a potential claim record, using the Supplemental Potential Claim Record form, within three

(3) days of the Engineer's response to the RFI or within three (3) days from the date when a dispute arises due to an act or failure to act by the Engineer. The potential claim record must include the following:

1. Nature and circumstances causing the potential claim or event

2. Contract specifications supporting the basis of a claim

3. Estimated claim cost and an itemized breakdown of individual costs stating how the estimate was determined. If accurate cost figures are not available, provide an estimate, or describe the types of expenses involved.

Proceed with the potentially claimed work unless otherwise ordered. Maintain records that provide a clear distinction between costs for the disputed work and the costs of the undisputed work.

Within five (5) days of a request, provide access to the project records determined necessary by the Engineer to evaluate the potential claim.

Delete Section 5-1.47.

6 Control of Materials

Replace section 6-1.04 with:

6-1.04 BUY AMERICA

6-1.04A General

Buy America requirements do not apply to the following:

1. Tools and construction equipment used in performing the work

2. Temporary work that is not incorporated into the finished project

6-1.04B Crumb Rubber (Pub Res Code § 42703(d))

Furnish crumb rubber with a certificate of compliance. Crumb rubber must be:

1. Produced in the United States

2. Derived from waste tires taken from vehicles owned and operated in the United States

6-1.04C Steel and Iron Materials

Steel and iron materials must be melted and manufactured in the United States except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials

2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total bid or $2,500, the material may be used if authorized

Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured.

All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.

6-1.04D Manufactured Products

Iron and steel used in precast concrete manufactured products must meet the requirements of section 6-1.04C regardless of the amount used.

Iron and steel used in other manufactured products must meet the requirements of section 6-1.04C if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.

6-1.04E Construction Materials

The following construction materials must be produced in the United States under standards in 2 CFR 184.6:

1. Non-ferrous metals

2. Plastic and polymer-based products such as:

2.1. Polyvinylchloride

2.2. Composite building materials

3. Glass

4. Fiber optic cable including drop cable

5. Optical fiber

6. Lumber

7. Engineered wood

8. Drywall

All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the United States.

Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to compliance with its 2 CFR 184.6 standard.

Minor additions of articles, materials, supplies, or binding agents to these construction materials do not change the categorization of the construction material.

7 Legal Relations and Responsibility to The Public

Add to Section 7-1.02K(2):

Payment of prevailing wages is not required if the contract amount is:

1. $25,000 or less for a public works construction project.

2. $15,000 or less for the alteration, demolition, repair, or maintenance of a public works project.

If satisfactory certified payroll records are not submitted by the time the final invoice is submitted, the Department will withhold all payments due and owing the Contractor pending receipt of the records.

Add after the first paragraph of Section 7-1.02K(3):

Payroll records are not to be submitted if prevailing wages are not required.

Add to the last paragraph of Section 7-1.02K(3):

If progress payments are not made, and you have not submitted adequate records by the time you submit the final invoice, the Department will withhold all payments due and owing the Contractor pending receipt of such records.

8 Prosecution and Progress

Replace Section 8-1.02A with:

8-1.02A General

Before or at the preconstruction conference, submit a progress schedule on a form of your choice.

On the schedule, show the order in which you propose to carry out the work, the start dates of the several salient features of the work (including procurement of materials, plant, and equipment), and the contemplated dates for completing those salient features.

If the contract is more than 60 working days, submit an update of the schedule on or before the last day of each month, showing the status of work actually completed during the period preceding the 20th of the month.

Subsequent to the time that submittal of a progress schedule is required, no progress payments will be made for any work until a satisfactory schedule has been submitted to the Engineer.

Delete Sections 8-1.02B and 8-1.02C.

Replace the first paragraph of Section 8-1.04B with:

Start job site activities by the date specified in the Engineer's letter providing notice that the Contract has been approved.

Replace Section 8-1.13 with:

8-1.13 Contractor's Control Termination

The Department may terminate your control of the work for failure to do any of the following:

1. Supply an adequate workforce

2. Supply material as described

3. Pay subcontractors

4. Prosecute the work as described in the Contract

The Department may also terminate your control for failure to maintain insurance coverage.

For a Federal-aid project, the Department may terminate your control of the work for failure to include "Required Contract Provisions, Federal-Aid Construction Contracts" in subcontracts.

The Department gives you notice at least five (5) business days before terminating control. The notice describes the failures and the time allowed to remedy the failures. If failures are not remedied within the time provided, the Department takes control of the work.

The Department may complete the work if the Department terminates the Contractor's control or you abandon the project. The Department determines the unpaid balance under the Contract.

At any time before final payment of all claims, the Department may convert a Contractor's control termination to a Contract termination.

9 Payment

Replace Section 9-1.16A with:

9-1.16A General

For a contract with more than 20 working days, you may request that progress payments be made. If approved by the Engineer, submit a fully itemized invoice, in triplicate, covering the actual work performed. The invoice must reference the Department of Transportation and the contract number.

For a contract with 20 working days or less, payment will be made after contract acceptance.

No progress payment will be made when, in the opinion of the Engineer, the work is not proceeding in accordance with the specifications, or when the total value of the work done since the last estimate is less than $5,000.

Delete Sections 9-1.16C and 9-1.16D.

Replace Section 9-1.17 with:

9-1.17 Payment After Contract Acceptance

9-1.17A General

Reserved

9-1.17B Reserved

9-1.17C Final Invoice

Submit a fully itemized invoice, in triplicate, within 30 days after Contract acceptance, covering the actual work performed. The invoice must reference the Department of Transportation and the contract number.

Submit claims statements with the final invoice. Claims not submitted with the final invoice will not be considered.

Submit required final utilization reports to Engineer. Failure to provide the required forms with the final invoice will result in 25 percent (25%) of the dollar value of the bill being withheld from payment until the form is submitted. The amount will be returned to Contractor when satisfactory final utilization forms are submitted.

9-1.17D Final Payment and Claims

9-1.17D(1) General

If you do not submit a claim statement, Engineer immediately processes the final invoice and the Department pays the amount due. This final payment is conclusive except as specified in Sections 5-

1.27 and 9-1.21.

If you submit a claim statement, Engineer immediately processes the final invoice and the Department pays the amount due for the undisputed work. This payment is conclusive as to the amount of work completed and the amount payable except as affected by the claims or as specified in Sections 5-1.27 and 9-1.21.

9-1.17D(2) Claim Statement

9-1.17D(2)(a) General

Submit additional information as to the basis and amount of the claim within 15 days of a request by Engineer. Failure to submit requested information or to provide access to records of the information is cause for denial of the claim.

9-1.17D(2)(b) Overhead Claims

Claims for overhead expenses must be supported by an audit report by an independent Certified Public Accountant. Claims are subject to audit by the State at its discretion.

9-1.17D(2)(c) Declaration

Submit a declaration that includes the following language with the claim statement:

I declare under penalty of perjury, according to the laws of the State of California, that the foregoing claims, with specific reference to the California False Claims Act (Govt Code § 12650 et seq.) and to the extent the project contains federal funding, the U.S. False Claims Act (31 USC § 3729 et seq.), are true and correct, and that this declaration was signed on ______(date)_______, 20__ at _________________, California.

9-1.17D(2)(d) Waiver

A claim is waived if:

1. Claim does not have a corresponding Supplemental Potential Claim Record identification number

2. Claim does not have the same nature, circumstances, and basis of claim as the corresponding

Supplemental Potential Claim Record

3. Claim is not included in the claim statement

4. You do not comply with the claim procedures

5. You do not submit the declaration specified in Section 9-1.17D(2)(c)

9-1.17D(3) Final Determination of Claims

Failure to allow timely access to claim supporting data when requested waives the claim.

Department's costs in reviewing or auditing a claim not supported by the Contractor's accounting or other records are damages incurred by the State within the meaning of the California False Claims Act.

After claim review, Engineer makes a preliminary determination of claims and furnishes it to Contractor.

Within 30 days of notification of the preliminary determination, make a presentation in support of remaining claims to a person designated by Director. Director makes the final decision on payable compensation due the Contractor and furnishes it to Contractor.

Department pays the amount due within 30 days. The final estimate is conclusive as to the amount of work completed and the amount payable except as specified in Sections 5-1.27 and 9-1.21.

Replace section 9-1.22 with:

9-1.22 Resolution of Claims

Resolution of claims will be through the State of California Victims Compensation and Government Claims Board under (Gov. Code Div. 3.6, Part 3).

Division II General Construction

12 TEMPORARY TRAFFIC CONTROL

12-3.32 PORTABLE CHANGEABLE MESSAGE SIGNS

12-3.32A General

12-3.32A(1) Summary

Section 12-3.32A includes specifications for placing, maintaining, and removing portable changeable message signs.

12-3.32A(2) Definitions

Reserved

12-3.32A(3) Submittals

If requested, submit a certificate of compliance for each PCMS.

Submit your cell phone number before starting the first activity that requires a PCMS.

12-3.32A(4) Quality Assurance

Reserved

12-3.32B Materials

Each PCMS consists of a sign panel, a controller unit, a power supply, and a structural support system.

The PCMS must:

1. Be assembled to form a complete self-contained unit that can be delivered to the job site and placed into immediate operation.

2. Operate at an ambient air temperature from -4 to 158 degrees F.

3. Not be affected by mobile radio transmissions other than those required to control the PCMS.

4. Be capable of displaying a 3-line message with at least 7 characters per line.

5. Provide a complete alphanumeric selection.

6. Be internally or externally illuminated during the hours of darkness, when non-illuminated pixels are used.

7. Have a dimming control that automatically adjusts the character light intensity to provide optimum character visibility and legibility under all ambient lighting conditions. The dimming control must have a minimum 3 manual dimming modes of different intensities.

A message with 18-inch high characters or 12-inch high characters must be visible from a distance of 1,500 feet and legible from a distance of at least 750 feet at noon on a cloudless day and during the night by persons with 20/20 vision or vision corrected to 20/20.

A message with 10-inch high characters must be legible from a distance of at least 650 feet at noon on a cloudless day and during the night by persons with 20/20 vision or vision corrected to 20/20.

The controller must:

1. Be an all solid-state unit.

2. Include at least 5 preprogrammed messages.

3. Have a user adjustable display rate.

4. Have a user adjustable flashing-off time.

5. Include a screen to review the messages before being displayed on the sign.

6. Include a keyboard message entry system. The keyboard must be equipped with a security lockout feature.

7. Have nonvolatile memory to store an infinite number of user created messages.

8. Be installed at a location that allows the user to perform all the functions from a single position.

12-3.32C Construction

Use a PCMS with characters:

1. At least 18 inches in height where the useable shoulder area is 15 feet wide or more

2. At least 12 inches in height where the useable shoulder area is less than 15 feet wide

3. At least 10 inches in height if the PCMS is:

3.1. Mounted on a service patrol truck or incident response vehicle

3.2. Used for traffic control where the posted speed limit is less than 40 mph

Place a PCMS as far from the traveled way as practicable where it is legible to approaching traffic without encroaching on the traveled way. Where the vertical roadway curvature restricts the sight distance of approaching traffic, place the sign on or before the crest of the curvature where it is most visible to the approaching traffic. Where the horizontal roadway curvature restricts the sight distance of approaching traffic, place the sign at or before the curve where it is most visible to approaching traffic.

Where practicable, place the sign behind guardrail or temporary barrier system.

If multiple signs are needed, place each sign on the same side of the road at least 1,000 feet apart on freeways and expressways and at least 500 feet apart on other types of highways.

Operate the PCMS under the manufacturer's instructions. Activate the security lockout feature at all times.

When in operation, place the bottom of a PCMS at least 7 feet above the roadway in areas where pedestrians are anticipated and 5 feet above the roadway elsewhere. Place the top of the PCMS no more than 14.5 feet above the roadway.

If more than one PCMS is simultaneously visible to traffic, only one sign may display a sequential message at any time. Do not use dynamic message displays, such as animation, rapid flashing, dissolving, exploding, scrolling, horizontal movement, or vertical movement of messages. The message must be centered within each line of the display.

You may use an additional PCMS if more than 2 phases are needed to display a message.

Display only messages shown or ordered.

Repeat the entire message continuously in not more than 2 phases of at least 3 seconds per phase.

The sum of the display times for both of the phases must be a maximum of 8 seconds. If more than 2 phases are needed to display a message, use an additional PCMS.

You must be available by cell phone during activities that require a sign. Be prepared to immediately change the displayed message if ordered. You may operate the sign with a 24-hour timer control or remote control if authorized.

Keep the PCMS clean to provide maximum visibility.

After the initial placement, move a sign from location to location as ordered.

12-3.36C Construction

Place portable transverse rumble strips before closing the lane to traffic.

The color of the portable transverse rumble strips must be black or orange. Use 2 arrays and, each array must consist of 3 rumble strips.

Portable transverse rumble strips must not be placed:

1. On sharp horizontal or vertical curves

2. Through pedestrian crossings

If the portable transverse rumble strips become out of alignment or skewed by more than 6 inches, measured from one end to the other, readjust to bring the placement back to the original location.

Portable transverse rumble strips are not required if any of the following conditions is met:

1. Work duration occupies a location for 4 hours or less.

2. Posted speed limit is below 45 mph.

3. Work is of emergency nature.

4. Work zone is in snow or icy weather conditions.

For a RoadQuake 2 rumble strip, securely connect the 3 sections under the manufacturer’s instructions before placing them in the traffic lane.

Remove all portable transverse rumble strips and warning signs before opening the lane to traffic.

If the Engineer determines that the portable transverse rumble strips no longer provide audible and vibratory alerts, replace them.

12-3.36D Payment

Not Used

Add to section 12-4.02A(2):

special days: February 14 (the Friday before Presidents Day), February 17 (Presidents Day), the Friday before and the Tuesday after the last Monday in May (Memorial Day weekend), the Friday before and the Tuesday after the last Monday in May (Memorial Day weekend), Thursday, July 3rd (the day before July 4th), the Friday before and Tuesday after the first Monday in September (Labor Day weekend).

Designated Holidays Holiday Date observed

Memorial Day Last Monday in May

Independence Day July 4th

Labor Day 1st Monday in September

Add between the 3rd and 4th paragraphs of section 12-4.02C(1):

Keep the full width of the traveled way open to traffic when no active construction activities are occurring in the traveled way or within 6 feet of the traveled way.

Replace section 12-4.02C(3)(f) with:

12-4.02C(3)(f) Closure Restrictions for Designated Holidays and Special Days

Closure restrictions for designated holidays and special days are shown in the following table:

Lane Closure Restrictions For Designated Holidays And Special Days

Thu Fri Sat Sun Mon Tues Wed Thu Fri Sat Sun Mon x

H xx

SD

Legend:

Refer to lane requirement charts.

x The full width of the traveled way must be open for use by traffic after 1700.

xx The full width of the traveled way must be open for use by traffic.

H Designated holiday

SD Special day

Replace section 12-4.02C(3)(k) with:

12-4.02C(3)(k) Conventional Highway Lane Requirement Charts

Comply with the requirements for the conventional highway lane closures shown in the following chart:

Chart No. K1 Conventional Highway Lane Requirements and Hours of Work

County: Kern Route/Direction: 14NB Post Mile: 22.2

Closure limits:

Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mon– Thu

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

Fri 1 1 1 1 1 1 1 1 1 1 1 1 1 1 S S S S S S S 1 1 1

Sat

Sun

Legend:

1 Provide at least 1 through traffic lane open in the direction of travel.

S Shoulder closure is allowed.