IFB_Solicitation_08A3763_Final.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/

June 5, 2024

Invitation for Bid (IFB)

IFB # 08A3763

Notice to Prospective Bidders

You are invited to review and respond to this IFB 08A3763, titled Backflow Services in Riverside County. 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), SBs for the purpose of Public Works (SB-PW) are encouraged to submit bids. See Section D, Special Programs 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 does apply to this IFB. See Section D, Special Programs in this IFB for requirements.

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

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, Time Schedule for more details.

ALL REQUIRED DOCUMENTS ARE EITHER ATTACHED (ATTACHMENTS 1 & 2) OR THE

DOCUMENT LINK IS PROVIDED ON ATTACHMENT 3, REQUIRED DOCUMENTS.

Sincerely, Tim Murphy

Contract Analyst

Invitation for Bid IFB Number 08A3763

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. ADM-1412 – Bid Proposal

4. Costs Included in Bid Rates

5. Employment of Undocumented Workers

6. Small Business Preference

7. State General Prevailing Wage Rates

8. Mandatory Organic Waste Recycling

9. Motor Carrier Permit Requirements

10. Contractor Registration Program

11. Contractor’s License

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

13. Non-Collusion Declaration for Public Works

14. Bonds

15. Insurance

16. California Civil Rights Laws

17. Darfur Contracting Act

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

19. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Disclosure

20. Bid Submittal

21. Evaluation and Selection

22. Award

23. Protest

24. Standard Conditions of Service

D) Special Programs

1. Small Business (SB), Microbusiness (MB), or Small Business for the Purpose of Public Works (SB-PW) Preference

2. Disabled Veteran Business Enterprise (DVBE) Programs

Attachments

1. Bid Proposal (ADM-1412)

2. Bid/Bidder Certification Sheet

3. Required Documents

4. Proposed Form of Agreement, STD 213

A) Purpose and Description of Services

1. Contractor shall provide all labor, tools, equipment, materials, vehicles, travel, and incidentals to test, troubleshoot, install, repair and/or replace, retest backflow preventer devices and pressure regulators on both potable and non-potable (irrigation water) systems, as well as to certify backflow devices, assemblies, including realigning piping and other related plumbing work, and perform backflow testing, repair, and/or replacement of backflow prevention devices, assemblies, cage assemblies, and cage pads at various locations in the County of Riverside.

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

B) Bidder’s Minimum Qualifications

1. Bidder shall have at time of bid submittal and for the duration of this Agreement, either a valid, current Class A General Engineering Contractor license or C-36 Plumbing Contractor license or D-64 Backflow Maintenance Contractor license issued by the California Contractors State License Board (CSLB).

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

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

4. 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 06/05/2024 Written Question Submittal 06/12/2024 Final Date and Time for Bid Submission 06/20/2024 2:00 p.m.

Bid Opening 06/20/2024 2:30 p.m.

Proposed Award Date (estimate) 06/27/2024

2. Questions and Answers

A. Questions regarding this IFB must be submitted by June 12, 2024. Bidders must submit their questions via e-mail to timothy.murphy@dot.ca.gov

B. Written questions must include: the individual's name, firm name, e-mail address and must reference IFB No. 08A3763.

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

Bidder can contact the Contract Analyst named above.

3. ADM-1412 – Bid Proposal

The total bid proposal for this Agreement must not exceed $461,000.00. A bid amount more than $461,000.00 will be deemed non-responsive and will be rejected.

4. 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.

5. Employment of Undocumented Workers

No State agency or department, as defined in California Public Contract Code Section 10335.7, that is subject to this code, shall award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a Public Works Agreement, who has, in the preceding five (5) years, been convicted of violating a State or Federal law regarding the employment of undocumented workers (Pub. Cont. Code Section 6101).

6. Small Business Preference

SB Preference will be granted on this IFB. Only firms certified as a Small Business, Micro Business, or Small Business for the purpose of Public Works (SB-PW) 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.

7. State General Prevailing Wage Rates

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

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

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

8. Mandatory Organic Waste Recycling

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

9. Motor Carrier Permit Requirements

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

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

10. Contractor Registration Program

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

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

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

11. Contractor’s License

Bidder must have, at time of bid submittal and for the duration of the contract, a valid, current Class A General Engineering Contractor license or C-36 Plumbing Contractor license or D-64 Backflow Maintenance Contractor license issued by the CSLB, for the type of work to be performed. Bidder shall obtain, pay for, and maintain, in good standing, all necessary licenses and permits to accomplish the work. Bidders will be considered non-responsive unless proper licensing requirements are met. An invalid license will result in rejection of the bid. Caltrans will verify a valid license issued by the CSLB (Bus. and Prof. Code Section 7028.15).

12. 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.

13. Non-Collusion Declaration for Public Works

The winning bidder must submit a Non-Collusion Declaration for Public Works as part of the Agreement award process.

14. Bonds

Payment Bond Requirement: The successful bidder will be required to provide, prior to commencement of work under a Service Request, a Payment Bond for one hundred percent

(100%) of the total Service Request, if the Service Request price is $25,000 or more. The Payment Bond is not required at the time of bid submittal; however, it is required, as applicable, prior to the start date of the Service Request. Refer to Proposed Form of Agreement, Exhibit D.

15. Insurance

A. The bidder who receives the Agreement award, will be requested to provide a Certificate of Insurance providing proof of insurance to the Division of Procurement and Contracts within 10 working days after the date of notification of award. The State’s Office of Risk and Insurance Management will review insurance certificates and/or proof of self-insurance documentation before execution of the Agreement. Refer to the Proposed Form of Agreement, Exhibit E, for the applicable and specific Insurance requirements and coverage limits.

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

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

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

D. Satisfying A Self-Insured Retention (SIR)

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

E. Available Coverages/Limits

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

16. California Civil Rights Laws

Any person that submits a bid 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 is submitted, that they satisfy all of the conditions set forth in California Public Contract Code Section 2010. The winning bidder shall execute the California Civil Rights Laws Certification (ADM-0076), completed, signed, and returned with the Agreement award package.

17. 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. The winning bidder will be required to complete the Darfur Contracting Act Certification (ADM-0077) as part of the Agreement award process.

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 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).

18. 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.

19. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Disclosure

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

B. Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

C. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror.

D. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

E. Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

20. Bid Submittal

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

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. 08A3763 Bid Due Date: June 20, 2024 Bid Due Time: 2:00 p.m.

Bid Opening Date: June 20, 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 Documents, located at the end of the solicitation. Bids not including the required documents may be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

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

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

G. Bid opening will be held via teleconference at 2:30 p.m. on the date specified in Section C, Bid Requirements and Information. Bidders may participate via teleconference by calling 1- 866-700-7952 and entering the pass code 7089821#. Calls will be accepted beginning at 2:20 p.m. until the conclusion of the bid opening. Bids will be read in Agreement numeric order;

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

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 attached Bid/Bidder Certification Sheet. The signature must also indicate the title or position that the individual holds in the firm. A bid with an unsigned Bid/Bidder Certification Sheet may be rejected.

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

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

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

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

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

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

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

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

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

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

22. Award

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

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

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

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

23. 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 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 Caltrans has decided the matter. The written protest must be sent, either via e-mail or regular mail, to the address 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

Email: DPAC.Protest.Disputes.Terminations@dot.ca.gov Phone Number: (916) 639-6340

B. Within five (5) days after filing the initial protest, the protesting bidder shall file with 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: Email is the preferred method of Protest delivery, but if a Protest is being submitted by mail it is suggested that you send by certified or registered mail.

24. Standard Conditions of Service

A. After award and execution of the Agreement, should Contractor fail to commence work within five (5) working days after notification of the starting date, or suspend work for a period of five

(5) continuous working days after work has begun, Caltrans may provide five (5) calendar days written notice, posted at the job site or mailed to Contractor, to timely prosecute and complete the work or the Agreement may be terminated and liquidated damages of $500.00 assessed for administrative costs for re-bidding the work or awarding the work to another Contractor. In addition, Contractor shall be liable to Caltrans for the difference between Contractor’s bid price and the actual cost of performing the work by the second low 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) Contractor offers and agrees and will require all of other subcontractors and suppliers to agree to assign to the awarding body all rights, title, and interest in and to all causes of action they 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, services, or materials pursuant to the public works contract or subcontract. The assignment made by contractor and all additional assignments made by subcontractors and suppliers shall be deemed to have been made and will become effective at the time the awarding body tenders final payment to Contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments.

2) If an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Government Code Sections 4550-4554, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, on demand, recover from the public body any portion of the recovery, including treble damages, and attributable overcharges that were paid by the assignor but were not paid by the public body as a part of the bid price, less the expenses incurred in obtaining that portion of the recovery. On demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under Government Code Sections 4550-4554 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.

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), Microbusiness (MB), or Small Business for the Purpose of Public Works (SB-PW) 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 or SB-PW. References to a small business (SB) shall also include micro-business (MB) and SB-PW. 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 preference, the 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 attached Bid/Bidder Certification Sheet and attach a copy of your certification. Additionally, the contractor may satisfy the non- SB requirements described below.

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

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

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

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

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

2. Disabled Veteran Business Enterprise (DVBE) Programs

A. DVBE Participation Program with No Participation Requirements:

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

FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C

B. DVBE Incentive Program

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

2) Caltrans will apply an incentive to bids from DGS-certified DVBE firms. The bidders who claim to be DGS-certified DVBE firms will be verified by Caltrans prior to award of the

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

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

Verified DVBE Participation DVBE Incentive Amount

100% 5%

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

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

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

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 08A3763 BID PROPOSAL Page 1 of 2 ADM-1412 (REV. 04/2023) Attachment 1

Contractor’s Name (Please Print):

Item No.

Estimated Quantity

Unit of Measure Item

Unit Price (Price Per Unit of Measure)

Total (Estimated Quantity X

Unit Price)

1 600 Each

Contractor shall furnish all labor, equipment, tools, parts, materials, supplies, travel, and incidentals necessary to provide Routine testing and certification of backflow devices to Caltrans, as described in this Agreement per STD 213, Exhibit A, Scope of Work

2 100 Hours

Contractor shall furnish all labor, equipment, tools, parts, materials, supplies, travel, and incidentals necessary to provide Non-Routine testing and certification of backflow devices to Caltrans, as described in this Agreement per STD 213, Exhibit A, Scope of Work

3 750 Hours

Contractor shall furnish all labor, equipment, tools, and travel necessary to provide Routine repairs and replacement of backflow devices to Caltrans, as described in this Agreement per STD 213, Exhibit A, Scope of Work

4 300 Hours

Contractor shall furnish all labor, equipment, tools, and travel necessary to provide Non-Routine repairs and replacement of backflow devices to Caltrans, as described in this Agreement per STD 213, Exhibit A, Scope of Work

5 Subtotal Lines 1-4 $

Maximum allowable expenditure for backflow devices, pumps, pipes, pipe fittings and pressure regulator components per Exhibit A, Item 15. Actual cost will be reimbursed based on submitted originals receipts.

This Amount Shall be 5 percent (5%) of the Actual Subtotal Amount (0.05 x Subtotal). Enter 5% in Total column

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 08A3763 BID PROPOSAL Page 2 of 2 ADM-1412 (REV. 04/2023) Attachment 1

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

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

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

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

Total This Proposal $

Attachment 2 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 documents 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.

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 2 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.

11 Cal-T

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/Services/Page-Content/Procurement-Division-Services-List- Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business- Enterprise?search=SB/DVBE%20Certification

Attachment 3 Required Documents

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

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

☐ Attachment 1 - Bid Proposal (ADM-1412)

☐ Attachment 2 - Bid/Bidder Certification Sheet

☐ Generative Artificial Intelligence (GenAI) Disclosure (STD 1000) GenAI Disclosure & Factsheet

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

they are NOT required at time of bid submittal:

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

☐ Non-Collusion Declaration for Public Works Non-Collusion Declaration

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

☐ California Civil Rights Laws Certification (ADM-0076) California Civil Rights Laws Certification

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

☐ Payee Data Record (STD 204) Payee Data Record

Attachment 4

Proposed Form of Agreement

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

2. The term of this Agreement is:

Contractor’s Name TBD Agreement Number 08A3763

Exhibit A Public Works (State)

Scope of Work

1. Contractor agrees to provide to the California Department of Transportation (Caltrans) Backflow Testing Services as described herein:

Contractor shall provide all labor, tools, equipment, materials, vehicles, travel, and incidentals to test, troubleshoot, install, repair and/or replace, retest backflow preventer devices and pressure regulators on both potable and non-potable (irrigation water) systems, as well as to certify backflow devices, assemblies, including realigning piping and other related plumbing work, and perform backflow testing, repair, and/or replacement of backflow prevention devices, assemblies, cage assemblies, and cage pads at various locations in the County of Riverside:

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

3. The services shall be performed at Caltrans Safety Roadside Rest Areas (SRRA), Maintenance Stations and various locations in Riverside County. For the estimated number of backflows at various locations refer to Locations/Estimated Number of Backflows, Attachment 2.

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

5. This Agreement will commence on August 1, 2024 (estimate), or upon approval by Caltrans, whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by Caltrans. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by Caltrans Contract Manager. This Agreement will expire on July 31, 2027 (estimate). The routine services shall be provided during normal business hours Monday through Friday 7:00 a.m. to 5:00 p.m., excluding State holidays. The non-routine services shall be provided on days and times specified by Caltrans Contract Manager and may take place outside the normal business hours of Monday through Friday, 7:00 a.m. to 5:00 p.m., and on State holidays. The parties may amend this Agreement as permitted by law.

6. All inquiries during the term of this Agreement will be directed to the project representatives listed below:

California Department of Transportation (Caltrans):

Contractor: TBD

Section/Unit: District 8/Maintenance Section/Unit:

Caltrans Contract Manager: TBD Project Manager:

Address: 464 West 4th Street

San Bernardino, CA 92401

Address:

Business Phone Number: Business Phone Number:

Email: Email:

7. Assignment of Work

A. Caltrans Contract Manager shall issue a Service Request via email to Contractor for routine and non-routine services. See Attachment 3, Service Request.

B. The Service Request shall include the following information:

1) Agreement Number 08A3763

2) Service Request Number

3) Date of Request

4) Contact name, requestor, and/or District Single Point of Contact (DSPOC)

5) Caltrans Contract Manager’s name

6) Prospective Date of Service

7) Type of Service (routine or non-routine)

8) Time of Service (day(s) and time(s))

9) Location Address of service

10) Specific Scope of Work to be performed under the Service Request, in accordance with the Scope of Work in this Exhibit A

11) Signatures of DSPOC and/or Caltrans Contract Manager

C.…