IFB_Solicitation_08A3733_Draft_01.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 15, 2024

Invitation for Bid (IFB)

IFB # 08A3733

Notice to Prospective Contractors

You are invited to review and respond to this IFB 08A3733, titled On-Call, As Needed, Daily Rate, Monthly Rate, Multi-Provider Service Contract for Motel Room Rentals for Caltrans Employees in San Bernardino County Mountains/Big Bear. 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) are encouraged to submit bids. See Section D, Special Programs, Item 1, in this IFB for requirements.

A Disabled Veteran Business Enterprise (DVBE) participation requirement is not required, but DVBE participation is encouraged, and a DVBE incentive may apply to this IFB. See Section D, Special Programs, Item 2, in this IFB for requirements.

Note that all 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:

Tim Murphy California Department of Transportation (Caltrans) Email address: timothy.murphy@dot.ca.gov Phone: (279) 234-2662

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, Tim Murphy

Contract Analyst

Invitation for Bid IFB Number 08A3733

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

8. California Civil Rights Laws

9. Darfur Contracting Act

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

11. Bid Submittal

12. Evaluation and Selection

13. Award

14. Protest

15. 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. Contractor Certification Clauses (04/2017)

3. California Civil Rights Laws Certification

4. Darfur Contracting Act Certification

5. Bid/Bidder Certification Sheet

6. Required Attachment Checklist

7. 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. This multiple-provider Agreement is to provide on-call, as-needed, daily, and monthly-rate services for motel room rentals to accommodate Caltrans employees who are engaged in work within the San Bernardino Mountains of District 08.

2. Refer to the Proposed Form of Agreement, Exhibit A, which is attached to this IFB as Attachment 7 for a more complete description of services.

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

B) Bidder’s Minimum Qualifications

1. Bidder shall complete and return all required documents on the Required Attachment Checklist, Attachment 6.

2. Failure of Bidder to sufficiently provide 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 03/15/2024 Written Question Submittal 03/22/2024 1:00PM Final Date and Time for Bid Submission 04/04/2024 2:00 p.m.

Bid Opening 04/04/2024 2:30 p.m.

Proposed Award Date (estimate) 04/11/2024

2. Questions and Answers

A. Questions regarding this IFB must be submitted in writing by March 22, 2023. Bidders are encouraged to submit their written questions via e-mail to timothy.murphy@dot.ca.gov.

B. Written questions must include: the individual's name, firm name, complete address and must reference IFB No. 08A3733. Questions must be sent to one of the following:

Email: timothy.murphy@dot.ca.gov

Or mail to:

California Department of Transportation (Caltrans) Division of Procurement and Contracts Attention: Tim Murphy 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 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. It is the responsibility of the bidder to check Cal eProcure for all addenda. Bidder can contact the Contract Analyst named above.

3. Costs Included in Bid Rates

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

4. 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) in the categories most appropriate to accomplish the prescribed services, will be granted this preference. For more information, 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.

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. 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.

8. 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 3 completed, signed, and returned with its bid or proposal. The California Civil Rights Laws Certification must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076.

9. 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 4 and submit with the proposal. The Darfur Contracting Act Certification must be downloaded at http://cefs2.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077.

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).

10. 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.

11. 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. 08A3733 Bid Due Date: April 4, 2024 Bid Due Time: 2:00 p.m.

Bid Opening Date: April 4, 2024 Bid Opening: 2:30 p.m.

Attention: Tim Murphy

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 6). Bids not including the required attachment(s) shall be deemed non-responsive.

A non-responsive bid is one that does not meet the basic bid requirements.

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

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

G. Bid opening will be held 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 12, Evaluation and Selection.

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

I. A bid may be rejected if it is conditional, incomplete, or if it contains any alterations of form or other irregularities of any kind. Caltrans may reject any bid on the basis that it is not responsive or from a non-responsible bidder and may waive any immaterial deviation in a bid. Caltrans waiver of an immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

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

K. Only an individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet (Attachment 5). The signature must also indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

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

M. A bidder may withdraw a bid by, prior to bid opening, submitting a written withdrawal request to Caltrans, signed by the bidder or an agent authorized in accordance with Section K, above. A bidder may thereafter submit a new bid prior to the bid submittal deadline. Bids may not be withdrawn without cause subsequent to bid submittal deadline.

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

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

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

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

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 2 with bid package. The Contractor Certification Clauses must be downloaded at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language.

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

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

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

13. 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.

14. 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 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) 639-6340 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: It is suggested that you submit any protest by certified or registered mail.

15. 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 (Attachment 5) and attach a copy of your certification. Additionally, Contractor may satisfy the non-SB requirements described below.

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

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

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

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

G. 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

H. 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=F

BCA257A3ED083F3DBB85ECEEB37013CBCF0545C

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

3) Table 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&hash

=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.

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 08A3733 BID PROPOSAL Page 1 of 1 ADM-1412 (REV. 02/2021) Attachment 1

Contractor’s Name (Please Print):

Item No.

Estimated Quantity

Unit of Measure

Item Description* Unit Price

(Price Per Unit of Measure) Measure)

Total (Estimated Quantity

X Unit Price)

Summer Season: May 1 through September 30

1 0 Per

Night Sunday through Thursday

2 0 Per

Night Friday and Saturday

3 0 Per

Night Holiday

Winter Season: October 1 through April 30

4 500 Per

Night Sunday through Thursday $ $

5 500 Per

Night Friday and Saturday $ $

6 200 Per

Night Holiday $ $

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.

*All rooms shall be standard room (Queen size bed minimum, 1 or 2 persons)

Total This Proposal

Attachment 5 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. 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.

D. 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: _________________

Attachment 5 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.

Enter your Contractor Registration Number assigned by the Department of Industrial Relations (DIR). This Information will be used to determine if you are registered with DIR.

Complete if your firm holds a California contractor’s license. This information will BE used to verify possession of a contractor’s license for public works agreements.

Complete if your firm holds a PUC license. This information will be used to verify possession of a PUC license for public works agreements.

12, 13, 14, 15 Must be completed. These items are self-explanatory.

If certified as a Small Business Enterprise, place a check in the “yes” box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the “Yes” box and enter your service code on the line. If you are not certified to one or both, place a check in the “No” box. If your certification is pending, enter the date your application was submitted to the Department of General Services, Office Small Business and DVBE Services. To get certified, go to https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of- Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program

Attachment 6 Required Attachment Checklist

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

Complete this checklist to confirm the items in your bid package. Place a check mark or “X” next to each item that you are submitting to Caltrans. All attachments identified below (unless noted otherwise) are required and must be returned as instructed or your bid may be considered non-responsive. Return the Attachment Checklist with your bid package.

Do not submit the Proposed Form of Agreement, Attachment 7, company advertisements, brochures, informational pamphlets, or any other document unless specifically noted in the IFB Requirements and/or as listed below.

Attachments Attachment Name/Description

Attachment 1 _____ Bid Proposal (ADM-1412)

Attachment 2_____ Contractor Certification Clauses (CCC 04/2017). The CCC 04/2017 must be downloaded at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Attachment 3_____ California Civil Rights Laws Certification (ADM-0076). The ADM-0076 must be downloaded at https://cefs2.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076.

Attachment 4_____ Darfur Contracting Act Certification (ADM-0077). The ADM-0077 must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077.

Attachment 5_____ Bid/Bidder Certification Sheet

Attachment 6_____ Required Attachment Checklist

Attachment 7

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.

2. The term of this Agreement is:

Contractor TBD Agreement Number 08A3733

Exhibit A Commercial Services–State

Scope of Work

1. Contractor agrees to provide motel room rentals to the California Department of Transportation (Caltrans), as described herein:

This is an on-call, as needed, daily rate service contract for motel room rentals to house Caltrans employees, brought into the San Bernardino Mountains area in District 08 for snow removal, storms, emergencies and other work-related activities.

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 in the San Bernardino Mountains area in District 08.

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

5. This Agreement will commence on April 15, 2024 (estimate), or upon approval by the Department of General Services (DGS), whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by DGS. 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 will expire on April 14, 2027 (estimate). The services shall be provided at all times, day and/or night, as needed, and on all days of the week, as needed, including weekends and State holidays. The parties may amend this Agreement as permitted 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: District 08/Maintenance Contract Manager: Project Manager:

Address: 175 Cluster Street, MS-9 San Bernardino, CA 92408

Address:

Business Phone Number: Business Phone Number:

Email: Email:

7. Detailed description of work to be performed and duties of all parties:

A. Specification Requirements for Proposed Motel Accommodations

1) Contractor’s facilities shall adhere and meet the following Health & Safety Code criteria:

a) Building exteriors shall be protected against weather, i.e., painted or otherwise sealed. They shall be maintained in such a manner as to prevent the weather from getting inside the units. Roofs shall have no signs of leaks or signs of buckling.

b) No broken windows. Windows must be openable and lockable. Window screening is required to prevent access of insects into units.

c) Flooring shall be clean; carpets shall not represent trip hazards. Bathroom floors shall be clean, capable of being cleaned and be maintained in a sanitary manner.

d) Walls and ceilings must be clean, with no visible ceiling leaks, and no signs of deterioration.

e) Common doors between units shall be lockable from both adjoining rooms. Exit doors shall be openable without the use of a key or requiring special knowledge, instructions or skill.

f) The unit shall be adequately heated, able to provide a room temperature of seventy (70°F) degrees three (3) feet off the floor.

g) Bathroom must have ventilation, either mechanical exhaust or an openable window.

h) All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. Fixtures shall be connected to an approved system of water supply and provide with hot one hundred ten degrees Fahrenheit at a minimum (110°F) and cold running water necessary for normal operation. Fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material.

i) Operating smoke detectors will be present in each room. Contractor shall be responsible for testing and maintaining detectors.

j) Contractor shall supply clean towels daily. No towel shall be maintained for common use(*). Towels must be laundered between consecutive uses by methods approved by the Health Department per Section 3801 of the Health & Safety Code.

(*) Common use defined:

"Common use" when applied to a towel means its use by, or for, more than one (1) person without it being laundered between consecutive uses thereof by methods prescribed by or acceptable to the State Department of Health Services.

k) Contractor shall provide daily maid service. The bed linen in each room shall be changed before a new guest occupies the room and every other day thereafter during the term of stay. Every part of the bed, including the mattress, sheets, blankets and bedding shall be kept in a clean, dry and sanitary condition, and free from filth, urine, or other foul matter and free from the infection of lice, bedbugs or other insects.

l) Contractor shall provide drinking utensils and ice buckets for each room daily. No drinking utensils or ice buckets shall be maintained for common use (**), or be permitted to be so provided or exposed, or allowed to be used in common, any cups, glass, or other receptacle used for drinking purposes per Section 3700 of the Health and Safety Code.

(**) Common use defined:

"Common use" when applied to drinking utensils and ice buckets is defined as its use for drinking purposes by, or for, more than one person without its being thoroughly cleansed and sterilized between consecutive uses thereof by methods prescribed by or acceptable to the State Department of Health Services.

m) Where these specifications reference clean for as a determination factor as to whether the room or facility is acceptable or meets the above criteria, Caltrans Contract Manager or their authorized representative shall make the final determination.

n) Rooms shall have televisions with multi-channel capabilities.

o) Rooms shall be equipped with telephones and the tenants occupying the room shall be responsible for all charges incurred during their stay.

p) Contractor’s parking lots shall be maintained so that State vehicles will have problem-free entrance, exit and parking during winter snow events twenty-four (24) hours a day.

q) Contractors shall maintain walkways, stairways and common pedestrian foot traffic surfaces with salt (or salt substitute), and/or aggregate type material, to minimize slip and fall hazards twenty-four (24) hours a day during the winter season.

r) All rooms (minimum room requirement) must be pet free.

B. Location and Rooms Requested

Winter Season:

1) Contractor shall reserve five (5) rooms, Sunday through Thursday.

2) Contractor shall reserve five (5) rooms, Friday, Saturday, and holidays.

Summer Season:

1) Contractor shall reserve zero (0) rooms, Monday through Thursday.

2) Contractor shall reserve zero (0) rooms, Friday, Saturday, and holidays.

C. Response to Service Calls

Contractor shall provide services on a twenty-four (24)-hour per day, seven (7)- days per week basis.

D. Request for Service

1) Contractors shall respond to service requests transmitted by Caltrans Contract Manager.

In no case shall Contractors engage in any solicitation of business that might subject the State to any liability for payment.

2) Caltrans recognizes Contractor’s need to rent rooms to available customers in the order in which they are received; however, Contractor agrees to reserve a specified number of rooms per the contract language (See Section 8. B.). Any delay or failure to supply room rentals per the terms of this Agreement shall be considered non-conformance and cause for cancellation of the Agreement and Caltrans shall contact the next responsible contractor. If requested by the State, Contractor shall show proof of proper scheduling.

3) Caltrans will only pay for room rentals requested by Caltrans Contract Manager.

Caltrans Contract Manager shall confirm with Contractors the location and number of room rentals required. This notification shall be the complete instruction and authorization for the proposed room rentals and Contractors shall comply fully with all particulars thereof.

E. Contractor’s License

1) Contractor shall stay fully informed of and comply with all existing and future State laws and comply with all applicable County and municipal ordinances and regulations, which in any manner affect their employees or their business.

2) Contractor shall be properly licensed in accordance with the laws of the State of California.

3) All permits and licenses required by local ordinances will be secured and paid for by Contractors.

F. Caltrans Designated Representatives

The list of designated Caltrans representatives can be altered without contract amendment, but only by written notice to Contractor(s) and signed by the appropriate Caltrans Region Manager for the District 08 Region.

The list of designated Caltrans representatives is as follows:

District 08 Region Representative

1) Michael O’Donnell (Caltrans Contract Manager)

2) Bill Kerr (Caltrans D08 Region Manager)

G. Winter and Summer Season Room Rentals

1) Contractors shall charge only for rooms confirmed by a designated Caltrans representative.

2) Caltrans will confirm the number of rooms needed before the cut off times as indicated in this Agreement. Confirmation will consist of notification via email, by telephone or in person by one (1) of the designated Caltrans representatives listed above. Notice is not required when no rooms are needed.

3) Winter Season (October 1 through April 30)

a) Winter seasons referenced in this contract will cover the following time period:

b) Winter Motel Room Rentals

Contractors shall reserve the specified number of rooms, per location, each day for Caltrans employees.

i) On each Sunday through Thursday, rooms are reserved until noon. Rooms not confirmed by a designated Caltrans representative before noon will then be available for other customers.

ii) On Fridays, Saturdays and Holidays, Contractors shall reserve the specified number of rooms per location until 5:00 p.m. the day before the specified date.

Rooms not confirmed by a designated Caltrans representative by 5:00 p.m. the day before Friday or Saturday will then be available to other customers.

4) Summer Season (May 1 through September 30)

a) Summer season referenced in this contract will cover the following time periods:

b) Summer Motel Room Rentals

Contractors shall reserve the specified number of rooms, per location, each day for Caltrans employees, Monday through Thursday and holidays. Reservations shall be confirmed by a designated Caltrans representative at least 24-hours before they are required. Rooms not confirmed will then be available for other customers.

H. Allowable Costs and Payments

1) Payment will be at the rate bid on Attachment 1. The payment shall include full compensation for furnishing all motel room rentals.

2) Contractor shall charge only for rooms confirmed by the designated Caltrans representatives.

3) Profit, overhead markup and tax will be included in the bid rate.

4) Payment will be made for actual number of motel room rentals requested by the authorized Caltrans representative(s) listed in this Agreement. Payment will be made based on Contractors' itemized invoices (see Exhibit B, Item 1D), and confirmation and approval by Caltrans Contract Manager.

5) There shall be no deposit required for room rental. Only a copy of the individuals credit card may be taken at check-in to cover additional charges incurred other than…