IFB_Solicitation_07A5817.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/ April 9, 2024

Invitation for Bid (IFB)

IFB # 07A5817

Notice to Prospective Bidders

You are invited to review and respond to this IFB 07A5817, titled Multi-Provider Hazardous Materials Survey Report Services in Los Angeles and Ventura Counties. 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. See Section D, Special Programs, Item 1, in this IFB for requirements.

The DVBE Participation Program applies, and a five percent (5%) participation is required for this IFB. The DVBE Incentive Program may also apply to this IFB. See Section D, Special Programs, Item 2, in this IFB for requirements.

Note that all agreements entered into with Caltrans will include, by reference, General Terms and Conditions (GTC 04/2017) and Contractor Certification Clauses (CCC 04/2017) that may be viewed and downloaded at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language.

The designated contact person for this IFB is:

Gurinder Kaur California Department of Transportation (Caltrans) Email address: Gurinder.Kaur@dot.ca.gov Phone: (279) 234-2252

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

*Technical questions regarding this solicitation will be addressed, in writing, and in accordance with the Questions and Answers portion of this IFB. See Section C, Item 1, Time Schedule for more details.

Sincerely, Gurinder Kaur

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

Invitation for Bid IFB Number 07A5817

Table of Contents

A) Purpose and Description of Services B) Bidder’s Minimum Qualifications C) Bid Requirements and Information

1. Time Schedule

2. Questions and Answers

3. Costs Included in Bid Rates

4. Small Business Preference

5. Mandatory Organic Waste Recycling

6. Motor Carrier Permit Requirements

7. Subcontractors

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

9. Insurance

10. California Civil Rights Laws

11. Darfur Contracting Act

12. Executive Order N-6-22 – Russia Sanctions

13. Bid Submittal

14. Evaluation and Selection

15. Award

16. Protest

17. Standard Conditions of Service

D) Special Programs

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

2. Disabled Veteran Business Enterprise (DVBE) Programs

Attachments

1. Bid Proposal (ADM-1412)

2. Bidder Declaration, GSPD-05-105

3. Contractor Certification Clauses, CCC 04/2017

4. Bid/Bidder Certification Sheet

5. Disabled Veteran Business Enterprise Declarations, STD 843

6. California Civil Rights Laws Certification (ADM-0076)

7. Darfur Contracting Act Certification (ADM-0077)

8. Required Attachment Checklist

9. Proposed Form of Agreement, STD 213:

Exhibit A, Scope of Work Exhibit B, Budget Detail and Payment Provisions Exhibit C, General Terms and Conditions (online) Exhibit D, Special Terms and Conditions Exhibit E, Additional Provisions

A) Purpose and Description of Services

1. Contractor shall furnish all the labor, certified/registered professionals, materials, supplies, tools, equipment, parts, containers, permits, transport vehicles, travel, incidentals, and facilities necessary to perform hazardous materials survey report services for Caltrans owned right of way residential and commercial structures and properties, as described in this Agreement.

2. Refer to the Proposed Form of Agreement, Exhibit A, which is attached to this IFB as Attachment 9 for a more complete description of services.

3. This is an as-needed service request-based multi-provider Agreement.

B) Bidder’s Minimum Qualifications

1. Bidder and/or its subcontractors shall have a Certified Asbestos Consultant (CAC) or Assistant Technician working under the direction of a CAC to perform the asbestos survey sample collection and inspection services. Bidder must provide copies of the current and valid certification(s) with its bid submittal.

2. Bidder and/or its subcontractors shall be a certified lead-related construction inspector/assessor with the California Department of Public Health (CDPH) to perform lead paint and ceramic tile inspection and x-ray fluorescence (XRF) testing work. Bidder must provide copies of the current and valid certification(s) with its bid submittal.

3. Bidder and/or its subcontractor must be certified annually through Cal OSHA. Bidder must provide copies of the current and valid certification(s) with its bid submittal.

4. Bidder and/or its subcontractors performing these services are required to be trained and certified by Environmental Protection Agency (EPA) or an authorized state and must take a refresher course every two years. Bidder must provide copies of the current and valid certification(s) with its bid submittal.

5. Bidder shall have been actively engaged in, and satisfactorily performed hazardous materials surveys for a period of at least five (5) years. Bidder shall submit, with bid submittal package, a minimum of three (3) Experience Letters, detailing bidder's work experience used to meet this minimum qualification.

6. The laboratory shall be accredited by the American Industrial Hygiene Association (AIHA), the National Institute of Standards and Technology (NIST), or National Volunteering Laboratory Accreditation Program (NVLAP) and carry any locally required certifications. Bidder must provide proof of accreditation with its bid submittal.

7. Bidder must have an office located within 100 driving miles of Pasadena, CA. Bidder must submit a copy of its current office lease agreement (office must be a commercial building) and a business license (or equivalent) issued by the city in which the office is located. The address on the lease agreement will be used to verify the bidder meets this requirement.

8. 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 April 9, 2024 Written Question Submittal April 12, 2024 Final Date and Time for Bid Submission April 25, 2024 2:00 p.m.

Bid Opening April 25, 2024 2:30 p.m.

Proposed Award Date (estimate) May 10, 2024

2. Questions and Answers

A. Questions regarding this IFB must be submitted in writing by April 12, 2024. Bidders are encouraged to submit their written questions via e-mail to Gurinder.Kaur@dot.ca.gov .

B. Written questions must include: the individual's name, firm name, e-mail address and must reference IFB No. 07A5817. Questions must be sent to one of the following:

Email: Gurinder.Kaur@dot.ca.gov Or mail to:

California Department of Transportation (Caltrans) Division of Procurement and Contracts Attention: Gurinder Kaur 1727 30th Street, MS 65 Sacramento, CA 95816

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 IFB, Section C1, 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. For more information, refer to Section D) Special Programs, as well as go to: 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.

5. Mandatory Organic Waste Recycling Contractor generating organic waste or commercial solid waste shall 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:Gurinder.Kaur@dot.ca.gov mailto:Gurinder.Kaur@dot.ca.gov https://caleprocure.com/pages/index.aspx 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

6. 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 Exhibit A, Scope of Work, 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.

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

8. 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.

9. Insurance A. The bidder who receives the Agreement award, should 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, Attachment 9, 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.

10. California Civil Rights Laws Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew an Agreement with, a state agency with respect to any Agreement 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 Agreement is renewed, that they satisfy all of the conditions set forth in California Public Contract Code Section 2010 and they shall execute the California Civil Rights Laws Certification (ADM-0076), as Attachment 6, completed, signed, and returned with its bid or proposal.

11. 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 (ADM-0077), Attachment 7, 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 the 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).

12. 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.

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

13. Bid Submittal

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

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

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

YOUR RETURN ADDRESS Agreement No. 07A5817 Bid Due Date: 04/25/2024 Bid Due Time: 2:00 p.m.

Bid Opening Date: 04/25/2024

Bid Opening: 2:30 p.m.

Attention: Gurinder Kaur

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 Attachment Checklist, Attachment 9. Bids not including the required attachment(s) 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 at 2:30 p.m. on the date specified in Section C, Bid Requirements and Information, Item 1, Time Schedule. 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 as stated in Item 14 Evaluation and Selection below.

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

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

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

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

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

K. Only an individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet, Attachment 4. The signature must also indicate the title or position that the individual holds in the firm. 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. The GTC 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.

S. Bidder(s) must complete, sign, and submit to Caltrans, all pages of the Contractor Certification Clauses (CCC 04/2017), Attachment 3, with bid package.

14. 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.

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

B. Each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB. Caltrans will check the bid submittal package to verify it received all required documents. Positive verification of required documents will be performed to determine its responsiveness to the State's needs.

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

D. The Agreement, if awarded, shall be awarded up to three (3) lowest responsible bidders who 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.

15. 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 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.

16. 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:

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

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) 639-6340 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.

17. 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.

mailto:DPAC.Protest.Disputes.Terminations@dot.ca.gov mailto:OLSProtests@dgs.ca.gov

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, Attachment 4. Additionally, Contractor may satisfy the non-SB requirements described below.

C. Pursuant to Government Code Section 14838 and 2 CCR Section 1896, if a bidder is not a certified SB, but wishes to be eligible for the five percent (5%) non-small business (NSB) preference, the bidder must subcontract at least twenty five percent (25%) of its net bid price to one or more certified SBs. If bidder is claiming the five percent (5%) non-SB (NSB) preference, complete Section 17 of the Bid/Bidder Certification Sheet, Attachment 4 and Bidder Declaration (GSPD-05-105), Attachment 2. The bidder shall list the names of all certified SB firms being claimed for credit. For each certified SB subcontractor listed, the bidder shall submit a copy of the quotes from each SB (on the SB’s company letterhead).

D. This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

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

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

G. 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.

H. 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

I. 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.

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

2. Disabled Veteran Business Enterprise (DVBE) Programs

A. DVBE Participation Program with Participation Requirements:

1) The required DVBE participation requirement for this IFB is five percent (5%). The resultant Agreement is financed with State funds and subject to Public Contract Code Section 10115 et seq., Military and Veterans Code Section 999 et seq., and Title 2, California Code of Regulations, Sections 1896.60 (2 CCR Section 1896.60) et seq., that provides contracting opportunities for qualified DVBEs certified by the DGS. The DVBE Incentive Program will also apply–see paragraph B, DVBE Incentive Program, below.

2) Bidder shall complete and submit the Bid/Bidder Certification Sheet, Attachment 4 Bidder Declaration (GSPD-05-105), Attachment 2, and the Disabled Veteran Business Enterprise Declarations (STD 843), Attachment 5. Bidder shall complete or collect STD 843(s) when the following situations occur:

• Bidder is DVBE (prime) Contractor.

• Bidder subcontracts with any DVBE firm. Bidder collects and submits with its bid package a completed and signed STD 843 from each of the DVBE subcontractor(s) listed on the GSPD-05-105.

Failure to provide required DVBE information will result in the bid being rejected as non-responsive. For each certified DVBE subcontractor listed on the Bidder Declaration, GSPD-05-105, the bidder shall submit a copy of the quotes from each DVBE as proof of commitment.

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

4) Additional references: 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.

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 of Regulations, Sections 1896.99 (2 CCR Section1896.99) et seq., to encourage bidders to partner with DVBE subcontractors. A dollar cap of $100,000 is set for all combined incentives and preferences. The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. Any responsive and responsible bidder with the confirmed DVBE participation per the Tables in paragraph 3) below is eligible to receive the incentive. Bidders who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive.

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

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

3) Tables for IFB (Low Price Method)

Required 5% Participation

Verified DVBE Participation DVBE Incentive Amount

7% or more 5%

6.5%-6.99% 4%

6.0%-6.49% 3%

5.5%-5.99% 2%

5.0%-5.49% 1%

4) When applying the DVBE Incentive, an NSB shall not displace 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 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 07A5817 BID PROPOSAL Page 1 of 2 ADM-1412 (REV. 02/2021) Attachment 1

Contractor’s Name (Please Print):

Item Number

Estimated Quantity

Unit of Measure Item Description

Unit Price (Price Per Unit of Measure)

Total (Estimated

Quantity X Unit

1 100 Per Survey Report

All professionals, labor, equipment, tools, parts, materials, supplies, containers, permits, transport vehicles, travel, facilities, and incidentals needed to provide asbestos/lead or mold survey report & testing for Residential Structures/ Properties up to 2,000

sq. ft. per Exhibit A, Scope of Work, with up to 150 Polarized Light Microscopy (PLM) & 400 X-Ray Fluorescence (XRF) and Wipe samples.

2 50 Per additional 100 Sq. Ft.

All professionals, labor, equipment, tools, parts, materials, supplies, containers, permits, transport vehicles, travel, facilities, and incidentals needed for each additional charge per 100 sq. ft.

over 2,000 sq. ft. for survey reports and testing of residential structures/ properties.

3 10 Per Survey Report

All professionals, labor, equipment, tools, parts, materials, supplies, containers, permits, transport vehicles, travel, facilities, and incidentals needed to provide asbestos/lead and mold survey report and testing for commercial or multi-family structures/ Properties up to 10,000 sq. ft., per Exhibit A, Scope of Work, up to 200 PLM and 1200 XRF and Wipe samples.

4 10 Per additional 100 Sq. Ft.

All professionals, labor, equipment, tools, parts, materials, supplies, containers, permits, transport vehicles, travel, facilities, and incidentals needed for each additional Charge per 100 sq. ft.

over 10,000 sq. ft. for survey reports or testing of commercial or multi-family structures/ properties.

5 50 Per additional sample

All professionals, labor, equipment, tools, parts, materials, supplies, containers, permits, transport vehicles, travel, facilities, and incidentals needed to provide additional lead-based paint testing XRF Method (must have written approval in advance from Caltrans Contract Manager) or Wipe samples

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION

BID PROPOSAL

Agreement Number 07A5817

ADM-1412 (REV. 02/2021) Attachment 1

6 25 Per containment area

All professionals, labor, equipment, tools, parts, materials, supplies, containers, permits, transport vehicles, travel, facilities, and incidentals needed for each additional test for asbestos testing PLM Method (must have written approval in advance from Caltrans Contract Manager).

7 100 Per containment area

All professionals, labor, equipment, tools, parts, materials, supplies, containers, permits, transport vehicles, travel, facilities, and incidentals needed to provide asbestos/lead/ mold clearance report and testing for residential structures up to 2000 sq. ft.

8 10 Per containment area

All professionals, labor, equipment, tools, parts, materials, supplies, containers, permits, transport vehicles, travel, facilities, and incidentals needed to provide asbestos/lead/ mold clearance report and testing for commercial and multi-family structures up to 10,000 sq. ft.

Reimbursement of Equipment and/or Supplies: Maximum allowable expenditure for equipment and/or supplies, without additional allowance for markup, per Exhibit A, Scope of Work, Section 17. Actual cost will be reimbursed based on submitted original receipts.

$10,000.00 $10,000.00

Additional Hazardous Material Testing: Maximum allowable expenditure for testing of unknown hazardous material(s), not otherwise noted in this Agreement, to be reimbursed at actual cost without additional allowance for markup, per Exhibit A, Scope of Work, Section

12. Actual cost will be reimbursed based on submitted original receipts.

$10,000.00 $10,000.00

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) Please 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. Please do not leave any unit price column blank or this bid proposal sheet will be deemed non-responsive.

Total This Proposal $

Attachment 4 Bid/Bidder Certification Sheet

Only an individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet.

The signature must indicate the title or position that the individual holds in the firm. This Bid/Bidder Certification Sheet must be signed and returned along with all “required attachments” as an entire package with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions.

A. Our all-inclusive bid is submitted in a sealed envelope marked “Bid Submittal–Do Not Open.”

B. All required attachments are included with this certification sheet.

C. I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation requirements.

D. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

E. The signature and date affixed hereon certifies that this bid is a firm offer for a 90-day period.

An Unsigned Bid/Bidder Certification Sheet May Be Cause for Bid Rejection

1. Company Name 2. Telephone Number 2a. Fax Number 2b. Email Address

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

Indicate the Department of Industrial Relations information:

9. Contractor Registration Number

Indicate applicable license and/or certification information:

10. Contractor’s State Licensing Board Number 11. PUC License Number

CAL-T-

12. Bidder’ Name (Print) 13. Title

14. Signature 15. Date

16. Are you certified with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) as:

a. Small Business Enterprise Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

Note: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending: _________________

17. Are you a Non-Small Business committing to the use of 25% Certified Small Business Subcontractor Participation?

Yes No If Yes, complete and return the Bidder Declaration form, GSPD-05-105 or Subcontractor Provision/List ADM-1511 with your bid.

Attachment 4 Bid/Bidder Certification Sheet

Completion Instructions for Bid/Bidder Certification Sheet Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers Instructions 1, 2, 2a, 2b, 3 Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

9 Enter your Contractor Registration Number assigned by the Department of Industrial…