IFB_11A4254.pdf

CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR

California Department of Transportation

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th STREET, MS 65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

TTY 711

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

March 5, 2026

Invitation for Bid (IFB)

IFB # 11A4254

Notice to Prospective Bidders

You are invited to review and respond to this IFB 11A4254, titled Designated Underground Storage Tank Operator (DUSTO) Services, San Diego, CA. In submitting your bid, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

As required by Executive Order S-02-06, the California Department of Transportation (Caltrans) is committed to meeting the State’s twenty-five percent (25%) Small Business (SB) participation goal.

Certified SBs, Micro Businesses (MB) and Contractors willing to commit to subcontracting a minimum of twenty-five percent (25%) of their net price to certified SBs or MBs (if applicable) are encouraged to submit bids. Note: SB Public Works (SB-PW) certification does not count toward SB goals for this agreement. See Section D, Special Programs in this IFB for requirements.

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

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

The designated contact person for this IFB is:

Laura Heberle California Department of Transportation (Caltrans) Email address: laura.heberle@dot.ca.gov Phone: (279) 234-2526

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

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

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

DOCUMENT LINK IS PROVIDED ON ATTACHMENT 2, REQUIRED DOCUMENTS.

Sincerely, Laura Heberle

Contract Analyst https://dot.ca.gov/programs/procurement-and-contracts/ mailto:laura.heberle@dot.ca.gov

Invitation for Bid IFB Number 11A4254

A) Purpose and Description of Services

1. Contractor shall furnish all labor, equipment, tools, parts, materials, supplies, traffic control, travel, and incidentals necessary to provide designated underground storage tank operator (DUSTO) services to the California Department of Transportation (Caltrans).

2. The services shall be performed at Caltrans District 11, Transportation Management Center (TMC), located in the County of San Diego at 7183 Opportunity Road, San Diego, CA 92111.

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

B) Bidder’s Minimum Qualifications

1. Bidder shall possess at the time of bid submittal and for the duration of the Agreement, a valid and current C-61/D-40 (Service Station Equipment and Maintenance) license issued by the California Contractors State License Board (CSLB).

2. Bidder shall possess at the time of bid submittal and for the duration of the Agreement, a valid and current California UST System Operator certificate issued from the International Code Council (ICC). Bidder shall provide a copy of their California UST System Operator certificate with their bid submittal.

3. Bidder shall possess at the time of bid submittal and for the duration of the Agreement, a valid and current registration with the Department of Industrial Relations (DIR). Caltrans will verify bidder’s DIR registration, it is not necessary to provide a copy.

4. By submitting its bid, Bidder certifies, under penalty of perjury, that its Contractors State License Board (CSLB) license is in a classification appropriate to the work to be undertaken as identified in the Proposed Form of Agreement, Exhibit A. This requirement has also been added in the Proposed Form of Agreement, Exhibit E. Refer to Section C, Bid Requirements and Information, Contractor’s License, for submittal requirements. Caltrans will verify bidder’s Contractor License so it is not necessary to provide a copy.

5. Bidder shall have an office located within fifty (50) driving miles of Caltrans District 11, TMC, service location specified in Section A, Item 2 (above), for the purpose of responding to emergency calls. Distance will be verified using Google Maps. Bidder shall provide the office address used to meet this requirement on Attachment 2, Required Documents.

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

C) Bid Requirements and Information

1. Time Schedule

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

Event Date Time (Pacific Time)

IFB available to prospective bidders 3/05/2026 Written Question Submittal 3/16/2026 5:00 p.m.

Final Date and Time for Bid Submission 3/24/2026 2:00 p.m.

Bid Opening 3/24/2026 2:30 p.m.

Proposed Award Date (estimate) 4/07/2026

2. Questions and Answers A. Questions regarding this IFB must be submitted by 5:00 p.m. on 03/16/2026. Bidders must submit their questions via e-mail to laura.heberle@dot.ca.gov.

B. Written questions must include: the individual's name, firm name, e-mail address and must reference IFB No. 11A4254.

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

Bidder can contact the Contract Analyst named above.

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

4. Small Business Preference SB Preference will be granted on this IFB. Only firms certified as a “Small Business” or “Micro Business” with the Department of General Services (DGS), Office of Small Business and DVBE Service (OSDS) will be granted this preference. SB-PW certifications are not eligible for SB preference, as this is not a public works agreement. For more information, refer to Section D, Special Programs.

5. State General Prevailing Wage Rates State General Prevailing Wage Rates will apply for the County of San Diego as described in the attached Proposed Form of Agreement, Exhibit B. The predetermined general prevailing wage rates published by the Director of Industrial Relations may be obtained via the Internet at:

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm, It is the bidder's responsibility to use the correct classification determination published by the Department of Industrial Relations (DIR).

By signing the Bid/Bidder Certification Sheet, the Bidder acknowledges this is a public works contract subject to Labor Code Sections 1720-1861, and that if awarded this Agreement, it will be the Bidder’s responsibility to ensure that all prevailing requirements are met, including but not limited to the payment of appropriate prevailing wages rates to all employees who participate and perform services under this Agreement, Department of Industrial Relations registration, submittal of weekly certified payroll records, and employment of apprentices throughout the duration of the Agreement.

6. Mandatory Organic Waste Recycling Contractor generating organic waste or commercial solid waste shall comply with SB 1383; also Contractor will arrange for the recycling services required by this section in a manner that is consistent with State and local laws and requirements, including a local ordinance or local jurisdiction’s franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste. This requirement does not modify, limit, or abrogate Contractor’s right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Sections 42649.8 et seq. When applicable, Contractor must comply with these provisions.

mailto:laura.heberle@dot.ca.gov https://caleprocure.com/pages/index.aspx https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

7. Motor Carrier Permit Requirements A. Contractor is responsible for determining whether California Vehicle Code Sections 34601 and

34620 require Contractor to have a valid Motor Carrier Permit (MCP) issued by the Department of Motor Vehicles (DMV) in order for Contractor to lawfully perform any part or aspect of the work described in Proposed Form of Agreement, Exhibit A and, if California Vehicle Code Sections 34601 and 34620 do require same for any part or aspect of such work, Contractor must have a valid MCP(s) issued from the DMV for its services as a Motor Carrier of Property under this Agreement. Contractor shall pay any required fees necessary to obtain and maintain in good standing during the entire term of this Agreement the any such required MCP(s).

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

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

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

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

D. If Contractor lists Subcontractor who is believed to be performing work that is not subject to the registration requirements, written confirmation from DIR should be obtained and submitted to Caltrans.

9. Contractor’s License Bidder must have, at time of bid submittal and for the duration of the contract, a valid, current C- 61/D-40 (Service Station Equipment and Maintenance) license issued by the CSLB, for the type of work to be performed. Bidder shall obtain, pay for, and maintain, in good standing, all necessary licenses and permits to accomplish the work. Bidders will be considered non-responsive unless proper licensing requirements are met. An invalid license will result in rejection of the bid. Caltrans will verify a valid license issued by the CSLB (Bus. and Prof. Code Section 7028.15).

10. Standard Title VI/Nondiscrimination Assurances (DOT Order No. 1050.2A) Caltrans, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Statute 252, 42 USC Sections 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any Agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

11. Insurance A. The bidder who receives the Agreement award, will be requested to provide a Certificate of

Insurance providing proof of insurance to the Division of Procurement and Contracts within 10 working days after the date of notification of award. The State’s Office of Risk and Insurance

Management will review insurance certificates and/or proof of self-insurance documentation before execution of the Agreement. Refer to the Proposed Form of Agreement, Exhibit E, for the applicable and specific Insurance requirements and coverage limits.

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

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

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

D. Satisfying A Self-Insured Retention (SIR)

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

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

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

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

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

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

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

13. 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 unless the contract has been Federalized (i.e.

there is federal participation in any phase). By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

14. 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. 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.

B. 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.

C. 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.

D. 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.

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

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

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

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

YOUR RETURN ADDRESS Agreement No. 11A4254 Bid Due Date: 03/24/2026 Bid Due Time: 2:00 p.m.

Bid Opening Date: 03/24/2026

Bid Opening: 2:30 p.m.

Attention: Laura Heberle

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

BID SUBMITTAL DO NOT OPEN

C. Late bids will not be considered.

D. All bids shall include the documents identified on the IFB’s Required Documents, located at the end of the solicitation. Bids not including the required documents may be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

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

F. If your bid is hand delivered, you must date and time stamp the sealed envelope/package immediately upon arrival. The date/time stamp machine is located in the lobby on the first floor to the right of the security guard station at the address noted above. After date/time stamping, the bid should be placed in the locked bid cabinet located below the time stamp. If the bid package is too large to be electronically stamped, date/time stamp one of the labels provided and attach it to the proposal package. When the bid package is too large for the locked bid cabinet, ask the security guard to call the Division of Procurement and Contracts reception desk at (916) 227-6000 to have your bid package picked up.

G. Bid opening will be held via teleconference on the date specified in Section C, Bid Requirements and Information. Bidders may participate via teleconference by calling 1-866- 700-7952 and entering the pass code 7089821#. Calls will be accepted beginning at 2:20 p.m.

until the conclusion of the bid opening. Bids will be read in Agreement numeric order;

questions will not be allowed; and information will not be repeated. Initial bid opening results will be posted online on the Division of Procurement and Contracts website at https://dot.ca.gov/programs/procurement-and-contracts/bid-results by 3:00 p.m. on the day following the bid opening. The Agreement will be awarded to the lowest responsible bidder meeting the requirements outlined in the IFB after verification and applicable incentives are applied.

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

I. A bid may be rejected if it is conditional, incomplete, or if it contains any alterations of form or other irregularities of any kind. Caltrans may reject any bid on the basis that it is not https://dot.ca.gov/programs/procurement-and-contracts/bid-results responsive or from a non-responsible bidder and may waive any immaterial deviation in a bid.

Caltrans waiver of an immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

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

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

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

M. A bidder may withdraw a bid by, prior to bid opening, submitting a written withdrawal request to Caltrans, at DPAC.BidUnit@dot.ca.gov, signed by the bidder or an agent authorized in accordance with Section K above. A bidder may thereafter submit a new bid prior to the bid submittal deadline. Bids may not be withdrawn without cause subsequent to bid submittal deadline. Please contact the Caltrans analyst located on page 1 of this IFB with any questions.

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

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

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

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

R. Caltrans does not accept alternate agreement language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. Also, the winning bidder(s) must complete, sign, and submit all pages of the Contractor Certification Clauses (CCC 04/2017) as part of the Agreement award process. Both the GTC 02/2025 and CCC 04/2017 may be viewed at:

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

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

B. Caltrans will check the bid submittal package to verify it received all required documents.

Positive verification of required documents will be performed to determine its responsiveness to the State's needs.

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

mailto:DPAC.BidUnit@dot.ca.gov 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

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

(1) bid from an entity will result in all bids from that entity being rejected and returned to the bidder.

17. Award A. Preliminary bid results may be viewed on the internet after 3:00 p.m. on the first (1st) business day following the bid due date at https://dot.ca.gov/programs/procurement-and-contracts/bid-results.

B. Whenever an Agreement is awarded under a procedure that provides for competitive bidding, but the Agreement is not to be awarded to the low bidder, the low bidder shall be given notice five (5) working days prior to the award of the Agreement by email.

C. Upon written request by any bidder, the Notice of the Intent to Award shall be posted in a public place in the office of the awarding agency, as well as online at https://dot.ca.gov/programs/procurement-and-contracts/notices-of-intent-to-award, for at least five (5) working days prior to awarding the Agreement. This information can also be obtained by contacting the Contract Analyst directly.

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

18. Protest Bidders have the right to protest the award of Caltrans Agreements subject to the following processes and procedures.

A. Filing a Protest: The initial protest must be submitted to DGS, Office of Legal Services, and

Caltrans, Protest Unit, prior to the award of the Agreement. When a protest has been submitted, the Agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter. The written protest must be sent, either via e-mail or regular mail, to the addresses below:

California Department of Transportation (Caltrans) Division of Procurement and Contracts Attention: Bid, Protest, and Dispute Branch Chief 1727 30th Street, MS 65 Sacramento, CA 95816 Phone Number: (916) 639-6322 Email:

DPAC.Protest.Disputes.Terminations@dot.ca.gov

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Phone Number: (916) 376-5080 Email: OLSProtests@dgs.ca.gov

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

Note: E-mail is the preferred method of protest delivery. If a bidder uses regular mail, It is suggested that you submit any protest by certified or registered mail.

https://dot.ca.gov/programs/procurement-and-contracts/bid-results https://dot.ca.gov/programs/procurement-and-contracts/bid-results https://dot.ca.gov/programs/procurement-and-contracts/notices-of-intent-to-award https://www.dgs.ca.gov/PD mailto:DPAC.Protest.Disputes.Terminations@dot.ca.gov mailto:OLSProtests@dgs.ca.gov

19. Standard Conditions of Service A. Service shall not begin prior to the express date set by Caltrans Contract Manager and

Contractor, after all approvals have been obtained, and the Agreement is fully executed.

Should Contractor fail to commence work at the agreed upon time, Caltrans Contract Manager, upon five (5) days written notice to Contractor, reserves the right to terminate the Agreement. In addition, Contractor shall be liable to Caltrans for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another Contractor.

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

C. Antitrust Provisions

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

2) If the awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid.

3) Upon demand in writing by the assignor, the assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action (Gov. Code Section 4554).

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

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

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

D) Special Programs

The following Special Programs are applicable to this IFB.

1. Small Business (SB) or Microbusiness (MB) Preference

A. Government Code Section 14835 et seq. requires that a five percent (5%) preference be given to contractors who qualify as a Certified SB or MB. References to a small business (SB) shall also include micro-business (MB). The rules and regulations of this law, including the definition of a SB for the delivery of services, are contained in Title 2, California Code of Regulations, Section 1896 (2 CCR Section 1896) et seq.

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

Additionally, Contractor may satisfy the non-SB requirements described below.

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

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

E. Questions regarding the certification approval process or SB program should be directed to OSDS at (800) 559-5529 or (916) 375-4940, or by email:osdshelp@dgs.ca.gov.

F. SB or MB bidders or bidders using the “Non-Small Business” preference shall be granted a preference consisting of five percent (5%) of the lowest responsible bidder’s total bid if the lowest bid is from a non-certified SB or MB.

G. Additional references are at https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement- Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran- Business-Enterprise.

2. Disabled Veteran Business Enterprise (DVBE) Programs A. DVBE Participation Program with No Participation Requirements:

DVBE participation is not required, but DVBE participation is encouraged, and a DVBE incentive will apply to this IFB as described below. Please review the DVBE Program Requirements: https://www.dgs.ca.gov/- /media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&hash=

FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C

B. DVBE Incentive Program

1) The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE

Participation Program and was established in Military and Veterans Code Sections 999 et seq., and Title 2, California Code of Regulations, Section 1896.99 (2 CCR Section1896.99) et seq. A dollar cap of $100,000 is set for all combined incentives and preferences. The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. Any responsive and responsible bidder with the confirmed DVBE participation per the Table in paragraph 3) below is eligible to receive the incentive. Bidders who are not responsive and responsible are not eligible to receive the incentive.

2) Caltrans will apply an incentive to bids from DGS-certified DVBE firms. The bidders who claim to be DGS-certified DVBE firms will be verified by Caltrans prior to award of the mailto:osdshelp@dgs.ca.gov https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&hash=FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&hash=FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&hash=FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C

Agreement. The incentive amount is equal to the percentage of the lowest responsive and responsible bid being evaluated per the Table below.

3) Table able for IFB (Low Price Method):

Verified DVBE Participation DVBE Incentive Amount

100% 5%

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

5) Please review the DVBE Program Requirements: https://www.dgs.ca.gov/- /media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&ha sh=FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C.

6) Additional information: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement- Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran- Business-Enterprise.

https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&hash=FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&hash=FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&hash=FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 11A4254 BID PROPOSAL Page 1 of 2 ADM-1412 (REV. 9/2025) Attachment 1

Contractor’s Name (Please Print):

Item Number

Estimated Quantity

Unit of Measure Item

Unit Price (Price Per Unit of Measure)

Total (Estimated Quantity

X Unit Price)

1 1 Each

All labor, materials, tools, parts, supplies, permits, travel and incidentals necessary to decommission, remove and legally dispose of one (1) automatic storage automatic tank gauge and replace with a comparable automatic tank reader, per STD 213, Exhibit A Scope of Work.

2 36 Monthly All labor, materials, tools, parts, supplies, permits, travel, and incidentals necessary to perform monthly visual inspections, per STD 213, Exhibit A, Scope of Work.

3 3 Annually All labor, materials, tools, parts, supplies, permits, travel, and incidentals necessary to perform annual leak monitor certifications, per STD 213, Exhibit A, Scope of Work.

4 1 Each All labor, materials, tools, parts, supplies, permits, travel, and incidentals necessary to perform overfill prevention and SB989 testing, per STD 213, Exhibit A, Scope of Work.

5 3 Per Hour All labor, materials, tools, parts, supplies, permits, travel, and incidentals necessary to provide training, per STD 213, Exhibit A, Scope of Work.

6 40 Per Hour All labor, tools, travel, and incidentals necessary to provide routine repair services, per STD 213, Exhibit A, Scope of Work.

7 20 Per Hour All labor, tools, travel, and incidentals necessary to provide non-routine repair services, per STD 213, Exhibit A, Scope of Work.

8 Subtotal (add Items 1 through 7) $

Maximum allowable expenditure for all materials, supplies, permits, and parts per Exhibit A, Item 9. Actual cost will be reimbursed based on submitted original receipts. This Amount Shall be 10 percent (10%) of the Actual Subtotal Amount (0.10 x Subtotal). Enter 10% in Total column.

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 11A4254 BID PROPOSAL Page 2 of 2 ADM-1412 (REV. 9/2025) Attachment 1

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

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

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

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

Total This Proposal (Subtotal + Line 9)

Attachment 2

Required Documents

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

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

☐ Attachment 1 - Bid Proposal (ADM-1412)

☐ Attachment 2 – Required Documents

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

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

☐ Copy(ies) of California System UST Operator certificate issued by the ICC, per Section B, Bidder’s Minimum Qualifications, Item 2.

☐ Office Address, per Section B, Bidder’s Minimum Qualifications, Item 5.

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

they are NOT required at time of bid submittal:

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

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

Payee Data Record (STD 204) Payee Data Record https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM1416 https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM0077 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

Attachment 3

Proposed Form of Agreement

Note to Bidders: The following pages represent a sample of the Agreement that will be awarded, if any, from this IFB. Please review it carefully and present any questions in writing to the contact identified for this IFB. Do not return this Attachment with your bid.

2. The term of this Agreement is:

Contractor’s Name TBD Agreement Number 11A4254

Exhibit A

Commercial Services–State

Scope of Work

1. Contractor agrees to provide to the California Department of Transportation (Caltrans), all labor, equipment, materials, tools, parts, supplies, permits traffic control, travel, and incidentals necessary to perform designated underground storage tank operator (DUSTO) services, including inspection, training, leak monitor certification, and monitoring, as described herein.

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

3. The services shall be performed at Caltrans District 11, Transportation Management Center (TMC), located at 7183 Opportunity Road, San Diego, CA 92111, San Diego County.

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

5. This Agreement will commence on July 1, 2026 (estimate), or upon approval by Caltrans, whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by Caltrans. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by Caltrans Contract Manager. This Agreement shall expire on June 30, 2029 (estimate). The routine services shall be provided during normal business hours, 7:00 a.m. to 4:30 p.m., Monday through Friday, except State holidays. The non-routine services shall be provided on days and times specified by Caltrans Contract Manager and may take place outside the normal business hours of Monday through Friday, 7:00 a.m. to 4:30 p.m., on weekends, and on State holidays. The parties may amend this Agreement as permitted by law.

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

California Department of Transportation (Caltrans) Contractor: TBD

Section/Unit: D11/Transportation Management Center Section/Unit:

Contract Manager: TBD Project Manager:

Address: 7183 Opportunity Road, MS 58, San Diego, CA 92111 Address:

Business Phone Number: Business Phone Number:

Email: Email:

7. Description of Work A. Contractor shall remove existing automatic tank gauge and replace with a comparable industry standard such as VEEDER-ROO TLS-450PLUS Automatic Tank Gauge, or equivalent. See Attachment A, Automatic Tank Gauge Specifications.

1) Prior to new Automatic Tank Reader installation, Contractor shall submit required permit applications to County of San Diego Department of Environmental Health (DEH) and San Diego Fire and Rescue.

2) Contractor shall remove and properly dispose of the existing automatic tank gauge, and furnish and install a new automatic tank gauge.

3) Contractor shall conduct pre-testing and conduct a witnessed final inspection with County of San Diego DEH and San Diego Fire and Rescue to close out permits.

B. Underground Storage Tank (UST) Inspection

1) Contractor shall perform monthly visual inspections of the underground storage tank (UST) and record results on Contractor’s Inspection Report. Contractor shall provide a hard copy and electronic copy of the report via email, to Caltrans Contract Manager within 14 calendar days of the inspection date.

2) Contractor shall do the following as part of the inspections:

a) Review alarm history from previous month, check each alarm, and confirm appropriate response was taken.

b) Inspect spill containers and under-dispenser containment (UDC) sumps for water, debris, or hazardous substances.

c) Check UDC monitoring equipment is in proper position for leak detection.

d) Inspect tank sumps for water, debris, or hazardous substances, and for proper positioning of monitoring equipment in the sump (required only when there has been an alarm in that sump within the last month and there is no record of a service visit).

e) Check all required UST testing and maintenance has been completed (Annual Monitoring System Certification, Integrity Testing, Secondary Containment Testing, etc.).

f) Notify Caltrans Building Engineer and/or Caltrans Contract Manager via email within 14 calendar days of the inspection of all conditions that require follow-up action.

g) Document all DUSTO inspections on a Monthly Visual Inspection Checklist as required for recordkeeping. Checklist shall be provided by Contractor, and shall be filed in the DUSTO record book.

C. Annual Leak Monitor Certifications

Contractor shall perform the following as part of the leak monitor certifications:

1) Annual Leak Monitor Certifications are conducted annually in the month of July.

2) Notify and coordinate with Caltrans and County of San Diego Department of Environmental Health (DEH) to provide onsite Annual Leak Monitor Certification date.

Date shall be agreed upon by all parties.

3) Test and certify the Veeder-Root TLS-350 Tank Monitoring System and all associated leak sensors in the presence of a DEH inspector.

4) Perform hydrostatic testing on the spill bucket.

5) Install new certification labels/tags on all tested sensors.

6) Document and record two (2) hardcopies of all testing on DEH Form TS-7345.

Form shall be provided by Contractor.

a) Send one (1) hard copy of the new Leak Monitoring System Certification to the Caltrans Contract Manager as required for recordkeeping.

b) Send one (1) hard copy of the new Leak Monitoring System Certification to DEH within 30 days of test date.

D. Overfill Prevention and SB989 Testing: Tank Secondary Containment Integrity Testing and Piping Secondary Containment Integrity Testing Testing was last conducted in July of 2023 and shall be conducted every three (3) years. Next testing is due in July of 2026. Contractor shall perform the following for Tank Secondary Containment Integrity Testing in accordance with Attachment B, Testing Instructions.

1) Contractor shall vacuum test tank.

2) Contractor shall pressure test piping.

3) Contractor shall hydrostatically test sumps.

E. Training

1) Contractor shall provide annual site-specific on-the-job UST training for District 11 Caltrans employees. In addition to the annual training, Contractor shall provide training for all new District 11 Caltrans employees within 30 days from the date of hire.

2) Training shall be scheduled by Caltrans Contract Manager at the locations, dates, and times mutually agreed upon by Contractor and Caltrans Contract Manager.

3) UST Training shall include the following:

a) Emergency contract information

b) Spill/Overfill response procedures

c) Monitoring equipment operation and alarm response

d) Operation of the UST in a manner consistent with Best Management Practices

8. Assignment of Work for…