IFB_Solicitation_08A3774_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/

November 7, 2024

Invitation for Bid (IFB)

IFB # 08A3774

Notice to Prospective Bidders

You are invited to review and respond to this IFB 08A3774, titled On-call Scrap Metal and Aluminum Collection and Recycle Services in San Bernardino and Riverside Counties. In submitting your bid, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

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

Certified SBs, Micro Businesses (MB) and Contractors willing to commit to subcontracting a minimum of twenty-five percent (25%) of their net price to certified SBs or MBs (if applicable) are encouraged to submit bids. See Section D, Special Programs 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.

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 https://dot.ca.gov/programs/procurement-and-contracts/ mailto:timothy.murphy@dot.ca.gov

Invitation for Bid IFB Number 08A3774

A) Purpose and Description of Services

1. Contractor agrees to provide all necessary labor, materials, supplies, equipment, containers, transportation, travel, and incidentals required to collect, remove, and recycle scrap metal from Caltrans Maintenance Stations on an on-call basis.

2. Agreement will be awarded to the highest percentage responsive responsible bidder.

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

B) Bidder’s Minimum Qualifications

1. Bidder shall possess at the time of bid submittal and for the duration of the Agreement, a valid and current Motor Carrier Permit issued from the California Department of Motor Vehicles (DMV).

Caltrans will verify bidder’s Motor Carrier Permit, and bidder shall provide a copy.

2. 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 11/07/2024 Written Question Submittal 11/15/2024 Final Date and Time for Bid Submission 11/26/2024 2:00 p.m.

Bid Opening 11/26/2024 2:30 p.m.

Proposed Award Date (estimate) 12/05/2024

2. Questions and Answers A. Questions regarding this IFB must be submitted by November 15, 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. 08A3774.

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

Bidder can contact the Contract Analyst named above.

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

mailto:timothy.murphy@dot.ca.gov https://caleprocure.com/pages/index.aspx

4. Small Business Preference SB Preference will be granted on this IFB. Only firms certified as a “Small Business” or “Micro Business” with the Department of General Services (DGS), Office of Small Business and DVBE Service (OSDS) will be granted this preference. For more information, refer to Section D, Special Programs.

5. 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.

6. Motor Carrier Permit Requirements A. Contractor must have a valid Motor Carrier Permit(s) (MCP) issued from the Department of

Motor Vehicles (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 the required MCP(s).

B. The MCP(s) required for the 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).

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. 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.

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. The winning bidder will be required to complete the Darfur Contracting Act Certification (ADM-0077) at the time of bid submittal.

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).

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. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Technology Use and Reporting A. The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf technologies.

B. Bidders/Offerors/Contract 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 Reporting and Factsheet (STD 1000) to be completed by the Bidder/Offeror/Contractor.

D. Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

E. Failure to report GenAI to the State 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.

F. Upon receipt of a Bidder/Offeror/Contractor GenAI Reporting & Factsheet (STD 1000), 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.

12. 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. 08A3774 Bid Due Date: 11/26/2024 Bid Due Time: 2:00 p.m.

Bid Opening Date: 11/26/2024

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 https://urldefense.com/v3/__https:/www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf__;!!LWi6xHDyrA!7RXiG1ueAyCdxtVSCm8dRq2InRVo5xCcxBq1qPPnmKK32DU0aZqFoMXFZf87W6OisYcgQFaHg-_ZSNRdT4Qp9PneT_Noq8zd$ 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.

https://dot.ca.gov/programs/procurement-and-contracts/bid-results mailto:DPAC.BidUnit@dot.ca.gov

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.

13. 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.

14. 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.

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

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://dot.ca.gov/programs/procurement-and-contracts/bid-results https://dot.ca.gov/programs/procurement-and-contracts/bid-results https://dot.ca.gov/programs/procurement-and-contracts/notices-of-intent-to-award https://www.dgs.ca.gov/PD

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

California Department of Transportation (Caltrans) Division of Procurement and Contracts Attention: Bid, Protest, and Dispute Branch Chief 1727 30th Street, MS 65 Sacramento, CA 95816 Phone Number: (916) 639-6340 Email:

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

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

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

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

16. 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) mailto:DPAC.Protest.Disputes.Terminations@dot.ca.gov mailto:OLSProtests@dgs.ca.gov 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 attached Bid/Bidder Certification Sheet. Additionally, Contractor may satisfy the non-SB requirements described below.

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

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

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

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

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

mailto::%20osdshelp@dgs.ca.gov https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

2. Disabled Veteran Business Enterprise (DVBE) Programs A. DVBE Participation Program with 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.

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

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 08A3774 BID PROPOSAL Page 1 of 1 ADM-1412 (REV. 04/2023) Attachment 1

CONTRACTOR’S NAME (Please Print):

Column A Column B Column C Column D Column E

Item No.

ITEM DESCRIPTION/MATERIAL

CONTRACTOR’S

COMPETITIVE

PERCENTAGE (%)

RATE PER GROSS TON (export pricing, Port of San Diego)

CALTRANS REVENUE

(per gross ton) n/a

Example:

Type of metal 120% $95.00 per gross ton as of first of month

1.2 x $95.00 = $114.00 per gross ton (owed to Caltrans for that month)

1.

Ferrous Metals (e.g., steel, iron) from all locations as described in Scope of Work, Exhibit A

American Metal Market (AMM) rate for ferrous bundles (first report day of each month)

Caltrans revenue payment by Contactor to Caltrans

2.

Non-Ferrous Metals (e.g., copper, aluminum or lead) from all locations as described in Scope of Work, Exhibit A

American Metal Market (AMM) rate for non-ferrous bundles (first report day of each month)

Caltrans revenue payment by Contactor to Caltrans

1) The table above requires Contractor to enter a bid percentage for each material collected in Column C.

2) The ferrous scrap is used as a standard only. Whether scrap metal collection is ferrous or nonferrous, it is not necessarily descriptive of the scrap metal to be collected and recycled.

3) Actual market price will be set by the American Metal Market (AMM) at the time of transaction by Contractor. The rate will require proof of rate from the first day of each month.

4) Bids charging a fee on this bid proposal will be deemed non-responsive.

5) Contractor’s competitive percentage is the percentage that Contractor shall use at the rate on the first day of each month to pay Caltrans. (Column C x D = E)

6) Do not alter, modify, or change this bid proposal. Any alterations, modifications, or changes to this bid proposal will cause bidder to be deemed non-responsive.

7) Each line item must be bid (Column C). Do not leave column C blank or this bid proposal will be deemed non-responsive.

8) Contract shall provide materials and equipment specified in Exhibit A of the Agreement at no additional costs to Caltrans.

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 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 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 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

☐ Attachment 3 - GenAI Reporting and Factsheet (STD 1000)

☐ Copy of a valid and current Motor Carrier Permit issued from the California Department of Motor Vehicles (DMV)

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

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

they are NOT required at time of bid submittal:

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

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

☐ Payee Data Record (STD 204) Payee Data Record https://urldefense.com/v3/__https:/www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf__;!!LWi6xHDyrA!7RXiG1ueAyCdxtVSCm8dRq2InRVo5xCcxBq1qPPnmKK32DU0aZqFoMXFZf87W6OisYcgQFaHg-_ZSNRdT4Qp9PneT_Noq8zd$ https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

Attachment 5

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 08A3774

Exhibit A Commercial Services–State

Scope of Work

1. Contractor agrees to provide all necessary labor, materials, supplies, equipment, containers, transportation, travel, and incidentals required to collect, remove, and recycle scrap metal from Caltrans Maintenance Stations on an on-call basis.

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

3. The services shall be performed at Caltrans District 08 locations in San Bernadino and Riverside Counties, as specified in Attachment 2, Pick-up Locations.

4. This is a revenue contract for Caltrans with no revenue limit. Caltrans does not guarantee the amount of scrap metal that may be collected by Contractor during the term of this Agreement.

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

6. This Agreement will commence on November 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 November 14, 2027 (estimate). The services shall be provided during 7:30 a.m. and 3:30 p.m., Monday through Friday, except State holidays. The parties may amend this Agreement as permitted by law.

7. 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: 08/Maintenance Project Manager:

Contract Manager: TBD Address: 175 West Cluster Street San Bernardino, CA 92408

Address:

Business Phone Number: Business Phone Number:

Email: Email:

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

A. Scrap Metal Collection Schedule

1) Contractor shall provide on-call scrap metal collection services upon receiving verbal or written request from Caltrans Contract Manager. Contractor shall fulfill collection requests within three (3) business days. Requests to Contractor may be communicated in writing and sent by mail, by email, and by text messaging.

2) Caltrans Contract Manager will notify Contractor when scrap metal containers are three quarters (3/4) full or greater, and the scrap metal is ready for removal by Contractor.

3) Contractor shall collect and recycle, either through reuse or sale for reuse, scrap metal from Caltrans Maintenance Stations listed in Attachment 2, Pick-up Locations. Additional Caltrans District 8 Maintenance Stations may be added by mutual agreement between

Caltrans Contract Manager and Contractor. Existing locations may be deleted by Contractor, but only with prior permission from Caltrans Contract Manager.

B. Chain of Information

1) A request for replacement scrap metal containers shall be submitted in writing, by email, or by phone text, or by phone call from the Caltrans Contract Manager to Contractor.

2) If a request for a replacement scrap metal containers is received by Contractor from a source other than Caltrans Contract Manager, such as directly from Caltrans Maintenance Stations personnel, Contractor shall promptly notify Caltrans Contract Manager. Notification shall be made as soon as practicable through text, email, or phone call, informing Caltrans Contract Manager that the request was made from a source other than Caltrans Contract Manager. Contractor shall proceed as usual for scheduling a delivery to the Caltrans Maintenance Stations requesting service, making delivery within three (3) full business days of the request, unless specifically instructed to halt delivery by the Caltrans Contract Manager.

C. Scrap Metal Containers

1) Contractor shall provide, deliver, and maintain scrap metal containers to the Caltrans Maintenance Stations listed in Attachment 2, Pick-up Locations within five (5) business days of the Notice to Proceed from Caltrans Contract Manager.

2) Contractor shall deliver at least one (1) 40 cubic yard roll-off dumpster(s)/bin(s) for the scrap metal. Some locations may require a 20 cubic yard roll-off bin specifically for aluminum collection. These additional locations will be identified by Caltrans Contract Manager as the contract progresses. The number and size of containers shall be mutually agreed upon by Contractor and Caltrans Contract Manager. All scrap metal containers provided by Contractor shall be lockable, made of steel, and have steel wheels that allow the scrap metal containers to roll when needed. Containers shall be marked “Recyclable Metal Only.”

3) Contractor shall provide rainproof covers or tarps for all scrap metal containers during inclement weather (November 1 through April 30), at no additional cost to Caltrans.

Contractor is responsible for ensuring that scrap metal containers remain covered and protected from environmental elements.

4) All scrap metal containers shall have steel wheels, no holes, and be free from graffiti.

5) Scrap metal containers shall not be filled with scrap metal beyond six (6) inches from the top of the container.

6) A minimum of one (1) scrap metal container must remain at each location at all times. If a Caltrans Maintenance Stations no longer needs recycling services, scrap metal containers may be removed by Contractor with prior permission from Caltrans Contract Manager.

7) Contractor shall be responsible for all maintenance of scrap metal containers.

8) The number and size of scrap metal containers required at the various Caltrans Maintenance Stations may increase or decrease throughout the term of this Agreement based on unforeseen variations in the volume of scrap metal. Caltrans Contract Manager will notify Contractor verbally or in writing when scrap metal containers need to be added to or removed from a Caltrans Maintenance Station. Contractor shall provide additional scrap metal containers and/or remove unwanted scrap metal containers, at no additional cost to

Caltrans, within three (3) full business days of the request. A minimum of one (1) scrap metal container must remain at each location at all times. If a Caltrans Maintenance Station no longer needs recycling services, scrap metal containers may be removed by Contractor with prior permission from Caltrans Contract Manager.

9) Scrap metal containers shall remain at Caltrans Maintenance Stations until they are ready for collection by Contractor. Caltrans Contract Manager will verbally or by electronic communication notify Contractor when the scrap metal containers are three-quarters (3/4) full or greater, and ready for removal by Contractor.

10) Caltrans staff at Caltrans Maintenance Stations will be…