H._Final_Solicitation.pdf

Solicitation No. 11A3904 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 43Pages Link to the 2023 Edition of the Standard Specifications Page 44

The Bid Package contains 3 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. 11A3904 Quote Due Date: April 8, 2024

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

“Provide a safe and reliable transportation network that services all people and respects the environment.”

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

General Contractors Instructions/Checklist

Solicitation No. 11A3904

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

Complete this checklist to confirm the items in your bid package. Place a check mark or “X” next to each item 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 prospective contractor’s 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) can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0378F.

Small Business Status (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 (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 (ADM-0076) can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076.

Darfur Contracting Act Certification (ADM-0077) can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077.

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.

https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DESOE0102.2C https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0378F https://forms.dot.ca.gov/v2Forms/servlet/showForm2?frmid=DOTDESOE0102.4 https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DESOE0102.9 https://forms.dot.ca.gov/v2Forms/servlet/showForm2?frmid=DOTADM4015 http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076 https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077 https://forms.dot.ca.gov/v2Forms/servlet/showForm2?frmid=DOTDESOE010214

“Provide a safe and reliable transportation network that services all people and respects the environment.”

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

Payment Bond (ADM-2009) can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM2009.

Certificate(s) of Insurance

Postconsumer-Content Certification (CalRecycle 74) can be downloaded at https://www.calrecycle.ca.gov/buyrecycled/stateagency/certify.

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.

https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM2009 https://www.calrecycle.ca.gov/buyrecycled/stateagency/certify https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

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

11A3904

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. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

Small Business Minor B Solicitation

Quotes open: Monday, April 8, 2024 Dated: March 25, 2024

Revised 12/01/2023

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

Notice to Bidders And

Special Provisions For Construction On State Highway In SAN DIEGO COUNTY AT VARIOUS

LOCATIONS NEAR EUCLID AVENUE OVERCROSSING

In District 11 On Route 094

Under Standard Specifications dated 2023

Project plans approved January 30, 2024 Standard Plans dated 2023

Identified by Contract No. 11A3904

11-SD-094-5.07/5.30

Project ID 1123000084

Contract No. 11A3904

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.

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 2023 Standard Specifications is not applicable to Minor B Projects.

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

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

iv

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

13 WATER POLLUTION CONTROL

DIVISION VII DRAINAGE FACILITIES

71 EXISTING DRAINAGE FACILITIES

LINK TO THE 2023 EDITION OF THE STANDARD SPECIFICATIONS………………………………

v

STANDARD PLANS LIST

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

T9 Traffic Control System Tables for Lane and Ramp Closures T10 Traffic Control System for Lane Closure on Freeways and Expressways T10A Traffic Control System for Lane Closure on Freeways and Expressways T14 Traffic Control System for Ramp Closure

NOTICE TO BIDDERS

Quotes open: April 8, 2024 Dated: March 25, 2024 General work description: Culvert Repairs.

The Department of Transportation (Department) will receive quotes for Construction on State Highway in San Diego County at Various Locations Near Euclid Avenue Overcrossing District-County-Route-Post Mile: 11-SD-096-5.07/5.30 Contractor must have either a Class A license or a combination of the following Class C licenses which constitutes a majority of the work: C-42.

Contractor must be a certified Small Business under Section 2-1.04.

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 15 working days.

The estimated cost of the project is $250,410.00 The Department will receive quotes until 2:15 p.m. on the quotes open date at:

Analyst’s Email: arlena.tedder@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 2023 Standard Plans dated 2023

Present bidders’ inquiries to the District at:

District 11 HM-251 Program Manager Ryan Fallica Telephone number: (760) 221-6789 Fax number: (619) 688-3363 Email Minor B Projects Senior: ryan.fallica@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.

Request quote results at:

Analyst’s Name: Arlena Tedder Email: arlena.tedder@dot.ca.gov Phone: (279) 234-2434

District office addresses are provided in the Standard Specifications.

mailto:arlena.tedder@dot.ca.gov https://caleprocure.ca.gov/pages/index.aspx mailto:ryan.fallica@dot.ca.gov mailto:arlena.tedder@dot.ca.gov

Prevailing wages may be required on this Contract under Section 7-1.02K(2). The 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 Labor Compliance Office of the district in which the work is located at https://dot.ca.gov/programs/construction/labor-compliance.

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.

http://www.dir.ca.gov/OPRL/PWD/Index.htm https://dot.ca.gov/programs/construction/labor-compliance 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 2-1.04.

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 2-1.04 with:

2-1.04 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.

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

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.

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 contract award. 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

Replace Section 5-1.13E with:

5-1.13E Prompt Payment Section 5-1.13E applies to all contracts.

Pay your subcontractors within 7 days of receipt of each progress payment under Pub Cont Code §§ 10262 and 10262.5. Pay other entities, such as material suppliers, within 30 days of receipt of each progress payment.

Each month, after the 15th and prior to 20th, submit the following payment information through the Department’s prompt payment monitoring system at https://caltrans.dbesystem.com:

1. Subcontractor’s or entity’s business name

2. Description of work performed

2.1. Bid item numbers or change order numbers

2.2. Written narrative of work performed

3. Value of work performed

4. Amount paid to subcontractor or entity

5. Withhold amount, if applicable

6. Explanation of withhold reasoning, if applicable

Your subcontractors and other entities may validate payments received using the prompt payment monitoring system.

If a subcontractor’s or other entity’s work is in dispute, provide a written withhold notification to the subcontractor or entity and the Engineer no later than 7 days after receipt of the corresponding progress payment that includes the following:

1. Value of the disputed work

2. Amount of the withhold being taken

3. Bid item numbers or change order numbers associated with the disputed work

4. Explanation of the deficiencies of the disputed work and how the corresponding value was calculated

5. Corrective actions to be taken for release of withheld amount

The Department may request additional documentation from you to evaluate whether you applied the withhold in good faith.

If the Department determines your withhold was not applied in good faith or that you failed to submit the required withhold notification, the Department may withhold the same amount from your future progress pay estimate. The Department may also apply a 2 percent penalty on the withhold amount for every month payment is not made.

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 6-1.03B with:

6-1.03B Submittals 6-1.03B(1) General Not Used

6-1.03B(2) Work Plan For local material, such as rock, gravel, earth, structure backfill, pervious backfill, imported borrow, and culvert bedding, obtained from a (1) noncommercial source, or (2) source not regulated under California jurisdiction, submit a local material plan for each material at least 60 days before placing the material.

The local material plan must include:

1. Certification signed by you and an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State stating:

I am aware local material from a noncommercial source or a source not regulated under CA jurisdiction must be sampled and analyzed for pH and lead and may require sampling and analysis under section 6-1.03B(3) for other constituents of concern based on the land use history. I am aware that local material sources must not contain ADL at concentrations greater than 80 mg/kg total lead or equal to or greater than 5 mg/L soluble lead as determined by the Waste Extraction Test (WET) Procedures, 22 CA Code of Regs § 66261.24(a)(2) App II. I am aware that a maximum quantity of material may be excavated at the site based on the minimum number of samples taken before excavating at the site under section 6-1.03B(3).

2. Land use history of the local material location and surrounding property

3. Sampling protocol

4. Number of samples per volume of local material

5. QA and QC requirements and procedures

6. Qualifications of sampling personnel

7. Stockpile history

8. Name and address of the analytical laboratory that will perform the chemical analyses

9. Analyses that will be performed for lead and pH

10. Other analyses that will be performed for possible hazardous constituents based on:

10.1. Source property history

10.2. Land use adjacent to source property

10.3. Constituents of concern in the ground water basin where the job site is located

The plan must be sealed and signed by an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State.

If the plan requires revisions, the Engineer provides comments. Submit a revised plan within 7 days of receiving comments. Allow 7 days for the review.

6-1.03B(3) Analytical Test Results At least 15 days before placing local material, submit analytical test results for each local material obtained from a noncommercial source or a source not regulated under CA jurisdiction. The analytical test results must include:

1. Certification signed by an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State stating:

The analytical testing described in the local material plan has been performed. I performed a statistical analysis of the test results using the US EPA's ProUCL software with the applicable 95 percent upper confidence limit. I certify that the material from the local material source is suitable for unrestricted use at the job site, it has a pH above 5.0, does not contain soluble lead in concentrations equal to or greater than 5mg/l as determined by the Waste Extraction Test (WET) Procedures, 22 CA Code of Regs § 66261.24(a)(2) App II, does not contain lead in concentrations above 80 mg/kg total lead, is free from all other contaminants identified in the local material plan, and will comply with the job site's basin plan and water quality objectives of the RWQCB.

2. Chain of custody of samples

3. Analytical results no older than 1 year

4. Statistical analysis of the data using US EPA’s ProUCL software with a 95 percent upper confidence limit

5. Comparison of sample results to hazardous waste concentration thresholds and the RWQCB's basin plan requirements and water quality objectives for the job site location

6-1.03B(4) Sample and Analysis Sample and analyze local material from a (1) noncommercial source or (2) a source not regulated under CA jurisdiction:

1. Before bringing the local material to the job site

2. As described in the local material plan

3. Under US EPA Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846)

The sample collection must be designed to generate a data set representative of the entire volume of proposed local material.

Before excavating at the (1) noncommercial material source or (2) a source not regulated under CA jurisdiction, collect the minimum number of samples and perform the minimum number of analytical tests for the corresponding maximum volume of local material as shown in the following table:

Minimum Number of Samples and Analytical Tests for Local Material Maximum volume of imported borrow (cu yd) Minimum number of samples and analytical tests

< 5,000 8

5,000–10,000 12 for the first 5,000 cu yd plus 1 for each additional 1,000 cu yd or portion thereof

10,000–20,000 17 for the first 10,000 cu yd plus 1 for each additional 2,500 cu yd or portion thereof

20,000-40,000 21 for the first 20,000 cu yd plus 1 for each additional 5,000 cu yd or portion thereof

40,000–80,000 25 for the first 40,000 cu yd plus 1 for each additional 10,000 cu yd or portion thereof

> 80,000 29 for the first 80,000 cu yd plus 1 for each additional 20,000 cu yd or portion thereof

Do not collect composite samples or mix individual samples to form a composite sample.

Analyze the samples using the US EPA's ProUCL software with a 95 percent upper confidence limit. All chemical analysis must be performed by a laboratory certified by the SWRCB's Environmental Laboratory Accreditation Program (ELAP).

The analytical test results must demonstrate that the local material:

1. Is not a hazardous waste

2. Has a pH above 5.0

3. Has an average total lead concentration, based upon the 95 percent upper confidence limit, at or below 80 mg/kg

4. Is free of possible contaminants identified in the local material plan

5. Complies with the RWQCB's basin plan for the job site location 6 Complies with the RWQCB's water quality objectives for the job site location

6-1.03C Local Material Management Do not place local material until authorized.

If the Engineer determines the appearance, odor, or texture of any delivered local material suggests possible contamination, sample and analyze the material. The sampling and analysis is change order work unless (1) hazardous waste is discovered or (2) the analytical test results indicate the material does not comply with section 6-1.03B(3).

Dispose of noncompliant local material at an appropriately permitted CA Class I, CA Class II or CA Class III facility. You are the generator of noncompliant local 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

Add to Section 12-4.02A(2):

special days: Special Days are listed in Section 12-4.02C(3)(f).

Replace the 3rd paragraph of Section 12-4.02C(1) with:

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.

Keep the full width of the ramp traveled way open for use by traffic on designated holidays and special days.

For each 10-minute interval or fraction thereof past the time specified to open the closure, the amount for liquidated damages…