IFB_Solicitation_Package_06A3017.pdf

CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR

California Department of Transportation

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th STREET, MS 65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

TTY 711

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

March 20, 2024

Invitation for Bid (IFB)

IFB # 06A3017

Notice to Prospective Bidders

You are invited to review and respond to this IFB 06A3017, titled Multiple Provider, Identify, Evaluate, and Remove Hazardous Waste (Various Central Valley Counties). In submitting your bid, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

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

Certified SBs, Micro Businesses (MB) and Contractors willing to commit to subcontracting a minimum of twenty-five percent (25%) of their net price to certified SBs or MBs (if applicable) are encouraged to submit bids. See Section D, Special Programs, Item 1, in this IFB for requirements.

Disadvantaged Business Enterprise (DBE) participation applies to this IFB and a DBE goal of 20 percent (20%) is required. See Section D, Item 2, in this IFB for requirements.

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

This Agreement requires Prevailing Wages if the total bid amount exceeds $15,000. If the total bid amount is under $15,000, then Prevailing Wage language will be removed prior to award. Refer to Attachment 11, Proposed Form of Agreement, for requirement details.

The designated contact person for this IFB is:

Phuong Vu California Department of Transportation (Caltrans) Email address: Phuong.Vu@dot.ca.gov Phone: (279) 234-2385

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

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

Sincerely, PHUONG VU

Contract Analyst https://dot.ca.gov/programs/procurement-and-contracts/ https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Invitation for Bid IFB Number 06A3017

Table of Contents

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

1. Time Schedule

2. Questions and Answers

3. Costs Included in Bid Rates

4. Small Business Preference

5. State General Prevailing Wage Rates

6. Federal Prevailing Wages

7. Mandatory Organic Waste Recycling

8. Motor Carrier Permit Requirements

9. Contractor Registration Program

10. Contractor’s License

11. Subcontractors

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

13. Insurance

14. California Civil Rights Laws

15. Darfur Contracting Act

16. Iran Contracting Act

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

18. Bid Submittal

19. Evaluation and Selection

20. Award

21. Protest

22. Standard Conditions of Service

D) Special Programs

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

2. Disadvantaged Business Enterprise (DBE) Program

Attachments

1. Bid Proposal (ADM-1412)

2. Subcontractor Provision/List, ADM-1511

3. Contractor Certification Clauses, CCC 04/2017

4. Bid/Bidder Certification Sheet

5. Bidder’s Acknowledgement of Prevailing Wage Requirements

6. Civil Rights Laws Certification (ADM-0076)

7. Darfur Contracting Act Certification (ADM-0077)

8. Iran Contracting Act Certification (ADM-0078)

9. Disadvantaged Business Enterprise (DBE) Participation Goal Information Packet for

Bidders (Kform 15)

10. Required Attachment Checklist

11. Proposed Form of Agreement, STD 213:

Exhibit A, Scope of Work Exhibit B, Budget Detail and Payment Provisions Exhibit C, General Terms and Conditions (online) Exhibit D, Special Terms and Conditions Exhibit E, Additional Provisions Exhibit F, Required Contract Provisions Federal-Aid Construction Contracts

A) Purpose and Description of Services

1. Contractor shall provide to the California Department of Transportation (Caltrans) all labor, tools, materials, equipment, parts, travel, and incidentals necessary to provide emergency and routine identification and removal of hazardous materials and wastes, including but not limited to, underground tanks, containers, drums, and similar items (collectively, “hazardous waste and materials”), discovered within the limits of the State right of way during the term of this Agreement, as described herein. The scope of work specifically does not include identification and removal of hazardous materials and waste caused by or generated at vehicular collisions, accidents, and highway spills.

2. The services shall be performed at various locations throughout Caltrans District 6 Counties:

Fresno, Kern, Kings, Madera, and Tulare.

3. Refer to the Proposed Form of Agreement, Exhibit A, which is attached to this IFB as Attachment 11 for a more complete description of services.

4. This is an as-needed service request based Multiple-Provider Agreement.

B) Bidder’s Minimum Qualifications

1. Prime bidder must possess a valid and current Class A (General Engineering Contractor) license AND Hazardous Substance Removal Certification issued by the California Contractors State License Board (CSLB).

2. Prime bidder and/or subcontractor must possess a valid and current C-31 (Construction Zone Traffic Control Contractor) license issued by CSLB.

3. Prime bidder and/or subcontractor must possess a valid and current C-57 (Well Drilling Contractor) license issued by CSLB.

4. Prime bidder and/or subcontractor must possess a valid and current Asbestos Certification issued by CSLB.

5. Prime bidder and/or subcontractor must maintain current and active Asbestos Contractor Registration with the Department of Industrial Relations (DIR). Bidder shall provide information on Attachment 10, Required Attachment Checklist, to document their compliance. Caltrans will verify bidder’s Asbestos Certification via Asbestos Registrants' Database, it is not necessary to provide a copy.

6. Prime bidder and/or subcontractor must employ a minimum of one (1) current and active Professional Geologist (PG), Engineering Geologist, or Registered Engineer certified by the California Department of Consumer Affairs’ (DCA) Board for Professional Engineers, Land Surveyors, and Geologists. Bidder may list additional staff if necessary. Bidder shall provide information on Attachment 10, Required Attachment Checklist, to document their compliance.

Caltrans will verify bidder’s documentation via DCA License Search, it is not necessary to provide a copy.

7. Prime bidder and/or subcontractor must employ a current and active Certified Industrial Hygienist (CIH) registered with the American Board of Industrial Hygiene (ABIH). Bidder shall provide information on Attachment 10, Required Attachment Checklist, to document their compliance.

Caltrans will verify bidder’s documentation via ABIH Public Roster, it is not necessary to provide a copy.

8. Prime bidder and/or subcontractor must 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) as described in Item 8 of this Invitation for Bid and in Exhibit E of the Proposed Forms of Agreement, Attachment 11. Caltrans will verify bidder’s Motor Carrier Permit via CA DMV Database of Active Motor Carriers.

https://www.dir.ca.gov/databases/doshacru/acrusearch.html https://search.dca.ca.gov/?RD=Y https://portalabih.cyzap.net/dzapps/dbzap.bin/apps/assess/webmembers/secure/manage?webid=ABIH&pToolCode=cert-search&pAdd=Yes https://www.dmv.ca.gov/portal/vehicle-industry-services/motor-carrier-services-mcs/motor-carrier-permits/active-motor-carriers/

9. Prime bidder and/or subcontractor must possess a current and valid California Department of Toxic Substances Control (DTSC), Hazardous Waste Transporter Registration. Caltrans will verify bidder’s documentation via CA DTSC Active Transporter Search.

10. Prime bidder and/or its subcontractor must possess and submit with bid submittal a Hazardous Waste Transporter’s MCS-90 endorsement associated with required pollution liability. See Proposed Form of Agreement (Attachment 11), Exhibit E, Section 2, Paragraph D.

11. Prime bidder and/or subcontractor must possess a current and valid United States (US) Department of Transportation (DOT), Pipeline and Hazardous Materials Safety Administration (PHMSA), Hazardous Materials Registration. Caltrans will verify bidder’s PHMSA registration via PHMSA Hazmat Registration Company Search.

12. Prime bidder and/or subcontractor must possess a valid Environmental Laboratory Accreditation Program (ELAP) certification and shall appear on the California Water Boards, State Water Resource Control Board (SWRCB) list of Certified Laboratories. Caltrans will verify bidder’s certification via California ELAP Certified Laboratories.

13. Prime bidder and/or subcontractor must possess at the time of bid submittal and for the duration of the Agreement, a valid and current registration with DIR. Caltrans will verify bidder’s DIR registration via Public Works & Prevailing Wage Contractor Registration Search.

14. By submitting its bid, Bidder certifies, under penalty of perjury, that its CSLB license is in a classification appropriate to the work to be undertaken as identified in the Proposed Form of Agreement, Exhibit A, Scope of Work, Attachment 11. This requirement has also been added in the Proposed Form of Agreement, Exhibit E, Attachment 11. Refer to Section C, Bid Requirements and Information, Section 10, Contractor’s License, for submittal requirements.

Caltrans will verify bidder’s Contractor License, and any Subcontractor Licenses, via https://www.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx.

15. 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 03/20/24 Written Question Submittal 03/26/24 2:00 p.m.

Final Date and Time for Bid Submission 04/04/24 2:00 p.m.

Bid Opening 04/04/24 2:30 p.m.

Proposed Award Date (estimate) 04/18/24

2. Questions and Answers A. Questions regarding this IFB must be submitted in writing by 2:00 p.m. on March 26, 2024.

Bidders are encouraged to submit their written questions via e-mail to Phuong.Vu@dot.ca.gov.

B. Written questions must include: the individual's name, firm name, e-mail address and must reference IFB No. 06A3017. Questions must be sent to the following email:

Phuong.Vu@dot.ca.gov.

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 https://hwts.dtsc.ca.gov/transporters/TRANSRCH01.cfm https://portal.phmsa.dot.gov/HazmatRegistrationSearch/;PHMSAREGSRCHSESSID=6sRZ6rXchmr5uSfWnI4SR-VnrDV-EqI9LYIZR7or30P-SwDFKjwe!-1687303419 https://waterboards.maps.arcgis.com/apps/webappviewer/index.html?id=bd0bd8b42b1944058244337bd2a4ebfa https://cadir.my.salesforce-sites.com/ContractorSearch https://www.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx mailto:Phuong.Vu@dot.ca.gov mailto:Phuong.Vu@dot.ca.gov https://caleprocure.com/pages/index.aspx of the bidder to access the Cal eProcure website for any changes or addenda that may be posted. Refer to this IFB, Section C1, Time Schedule, for the schedule of events and dates/times. Bidder can contact the Contract Analyst named above.

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

4. Small Business Preference SB Preference will be granted on this IFB. Only firms certified as a “Small Business” or “Micro Business” with the Department of General Services (DGS), Office of Small Business and DVBE Service (OSDS) or contractors who commit to subcontracting a minimum of 25 percent (25%) of their net bid price to SB or MB, in the categories most appropriate to accomplish the prescribed services,] will be granted this preference. For more information, refer to Section D) Special Programs, as well as go to: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement- Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business- Enterprise.

5. State General Prevailing Wage Rates State General Prevailing Wage Rates will apply for the Counties of Fresno, Kern, Kings, Madera, and Tulare as described in the attached Proposed Form of Agreement, Attachment 11. 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). Bidder must submit a completed Bidder’s Acknowledgement of Prevailing Wage Requirements, Attachment 5 with the bid package.

6. Federal Prevailing Wages Federal Prevailing wages apply to this Agreement and are attached to the Proposed Form of Agreement, Attachment 11.

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

42649.8 et seq. When applicable, Contractor must comply with these provisions.

8. 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).

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

9. 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.

10. Contractor’s License A. Bidder must have, at time of agreement award and for the duration of the agreement, a valid, current Class A (General Engineering Contractor) license and Hazardous Substances Removal Certificate 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 cancellation of the award. Positive verification of a valid license issued by the CSLB will be performed by Caltrans (reference Public Contract Code Section 10164).

B. In addition to Item 10(A) above, either the Bidder (Prime) or its subcontractor(s) must possess the following licenses:

1) C-57 (Well Drilling Contractor) license issued by CSLB.

2) C-31 (Construction Zone Traffic Control Contractor) license issued by CSLB.

3) Asbestos Certification issued by CSLB per Business and Professions Code, Section

7058.5.

11. Subcontractors

Bidder may subcontract portions of the work as defined in the attached Proposed Form of Agreement. If a subcontractor(s) is/are used, complete the Subcontractor Provision/List (ADM- 1511), Attachment 2, which must be downloaded at:

https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM1511. Bidder must ensure that the subcontractor(s) will have all necessary licenses, permits, and/or certifications to accomplish its portion of the work. Failure of a subcontractor(s) to have the proper licenses, permits, and/or certifications, shall be cause for rejection of bid.

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. Insurance A. The bidder who receives the Agreement award, should provide a Certificate of Insurance providing proof of insurance to the Division of Procurement and Contracts within 10 working days after the date of notification of award. The State’s Office of Risk and Insurance Management will review insurance certificates and/or proof of self-insurance documentation https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM1511 before execution of the Agreement. Refer to the Proposed Form of Agreement, Exhibit E, Attachment 11, 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.

14. California Civil Rights Laws Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew an Agreement with, a state agency with respect to any Agreement in the amount of one hundred thousand dollars ($100,000) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the Agreement is renewed, that they satisfy all of the conditions set forth in California Public Contract Code Section 2010 and they shall execute the California Civil Rights Laws Certification (ADM-0076), as Attachment 6, completed, signed, and returned with its bid or proposal. The California Civil Rights Laws Certification must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076.

15. Darfur Contracting Act A. The Darfur Contracting Act, Public Contract Code Section 10475-10481, applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code Section 10475. All bidders shall complete the Darfur Contracting Act Certification (ADM-0077), Attachment 7, and submit with the proposal. The Darfur Contracting Act Certification must be downloaded at. https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077

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

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

D. Therefore, Public Contract Code Section 10478(a) requires a company that currently has (or within the previous three (3) years has had business activities or other operations outside of https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076 https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077 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).

16. Iran Contracting Act A. Pursuant to the Iran Contracting Act of 2010 (Pub. Cont. Code Sections 2200 et seq., hereinafter “the Act”), persons identified on the list established under Public Contract Code Section 2202.5 (hereinafter “List”) are ineligible to bid on, submit a proposal for, enter into, or renew any Agreement with the State for goods or services of one million dollars or more.

B. Any person who submits a bid or proposal must complete and submit to Caltrans with its bid proposal, the Iran Contracting Act Certification (ADM-0078), Attachment 8, certifying that it is not on the most current List unless the person is exempted from the certification requirement by Public Contract Code Section 2203(c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) with its bid or proposal. The Iran Contracting Act Certification must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0078.

C. Any person, for an Agreement that is exempt from bidding or is renewed, or for whom an Agreement is otherwise awarded by the State, must complete and submit to Caltrans the ADM-0078, certifying that it is not on the most current List, before the Agreement has been executed by the parties, unless the person is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d), before execution of the Agreement.

17. 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.

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

https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0078 https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

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

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

YOUR RETURN ADDRESS Agreement No. 06A3017 Bid Due Date: 04/04/24 Bid Due Time: 2:00 p.m.

Bid Opening Date: 04/04/24

Bid Opening: 2:30 p.m.

Attention: Phuong Vu

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

BID SUBMITTAL DO NOT OPEN

C. Late bids will not be considered.

D. All bids shall include the documents identified on the IFB’s Required Attachment Checklist, Attachment 10. Bids not including the required attachment(s) may be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

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

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

G. Bid opening will be held via teleconference at 2:30 p.m. on the date specified in Section C, Bid Requirements and Information, Item 1, Time Schedule. Bidders may participate via teleconference by calling 1-866-700-7952 and entering the pass code 7089821#. Calls will be accepted beginning at 2:20 p.m. until the conclusion of the bid opening. Bids will be read in Agreement numeric order; questions will not be allowed; and information will not be repeated.

Initial bid opening results will be posted online on the Division of Procurement and Contracts website at https://dot.ca.gov/programs/procurement-and-contracts/bid-results by 3:00 p.m. on the day following the bid opening. The Agreement will be awarded to the lowest responsible bidder meeting the requirements outlined in the IFB after verification and applicable incentives are applied as stated in Item 19, 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 https://dot.ca.gov/programs/procurement-and-contracts/bid-results responsive or from a non-responsible bidder and may waive any immaterial deviation in a bid.

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

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

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

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

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

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

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

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

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

R. Caltrans does not accept alternate agreement language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC 04/2017 may be viewed at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language.

S. Bidder(s) must complete, sign, and submit to Caltrans, all pages of the Contractor Certification Clauses (CCC 04/2017), Attachment 3, with bid package. The Contractor Certification Clauses must be downloaded at https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language.

19. 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 mailto:DPAC.BidUnit@dot.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language 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 verify it received all required documents. Positive verification of required documents will be performed to determine its responsiveness to the State's needs.

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

D. The Agreement, if awarded, shall be awarded to up to two (2) lowest responsible bidders who meets all the specifications. A bid meets the specifications if it complies with all the requirements in this solicitation. In the event of a tie bid, Caltrans will draw lots to determine the successful bidder. Only one (1) bid may be submitted by an entity: individual, firm, partnership, corporation, joint venture, or combination thereof. Receipt of more than one (1) bid from an entity will result in all bids from that entity being rejected and returned to the bidder.

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

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

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

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

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

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

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

California Department of Transportation (Caltrans) Division of Procurement and Contracts Attention: Bid, Protest, and Dispute Branch Chief 1727 30th Street, MS 65 Sacramento, CA 95816 Phone Number: (916) 639-6340 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 https://dot.ca.gov/programs/procurement-and-contracts/notices-of-intent-to-award https://www.dgs.ca.gov/PD mailto:DPAC.Protest.Disputes.Terminations@dot.ca.gov mailto:OLSProtests@dgs.ca.gov

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.

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

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

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

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

C. Antitrust Provisions

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

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

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

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

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

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

D) Special Programs The following Special Programs are applicable to this IFB.

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

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

B. To claim the SB or MB preference, Contractor must have its principal place of business located in California, satisfy all of the SB or MB requirements, and be certified by the California Department of General Services (DGS), Office of Small Business and Disabled Veteran Business (DVBE) Services (OSDS). The preference amount may not exceed fifty thousand dollars ($50,000) for any bid. If prospective contractor is claiming the five percent (5%) certified SB or MB preference, complete Section 16 of the Bid/Bidder Certification Sheet, Attachment 4. Additionally, Contractor may satisfy the non-SB requirements described below.

C. Pursuant Government Code Section 14838 and 2 CCR Section 1896, if a bidder is not a certified SB, but wishes to be eligible for the five percent (5%) non-small business (NSB) preference, the bidder must subcontract at least twenty five percent (25%) of its net bid price to one or more certified SBs. If bidder is claiming the five percent (5%) non-SB (NSB) preference, complete Section 17 of the Bid/Bidder Certification Sheet, Attachment 4 and Subcontracting Provision/List, ADM-1511 Attachment 2, which must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM1511). The bidder shall list the names of all certified SB firms being claimed for credit. For each certified SB subcontractor listed, the bidder shall submit a copy of the quotes from each SB (on the SB’s company letterhead).

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

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

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

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

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

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

2. Disadvantaged Business Enterprise (DBE) Program A. For Agreements with DBE Participation Goals

This solicitation, and resultant Agreement, is financed in whole or in part with Federal funds and therefore subject to Title 49, Code of Federal Regulations, Part 26 (49 CFR 26) titled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. In compliance with 49 CFR 26, Caltrans set an overall annual https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM1511 mailto:osdshelp@dgs.ca.gov https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

DBE goal comprising both race neutral and race conscious elements. To ensure equal participation for DBE groups specified in 49 CFR 26.5, Caltrans specifies an Agreement goal for DBE participation. The required goal for DBE participation in this solicitation is 20 percent (20%).

1) To ensure applicable participation of the specified DBEs as defined in 49 CFR 26.5, this solicitation’s goal applies to all certified DBEs. Only certified DBE participation will count toward the Agreement goal for this solicitation. DBE participation will count toward Caltrans’ federally mandated overall annual DBE goal. In order to ascertain whether its overall annual DBE goal is being achieved, Caltrans tracks DBE participation on all Federal-aid contracts.

2) It is the bidder’s responsibility to verify that the DBE firm is certified as a DBE by the specified bid submittal due date and time. For a list of DBEs certified by the California United Certification Program (CUCP), go to: https://californiaucp.dbesystem.com/.

3) Proposer shall review Disadvantaged Business Enterprise (DBE) Participation Goal Information Packet for Bidders, Attachment 9 (Kform 15), for detailed information and the required forms. Required forms will be made a part of the Agreement. Failure to meet the DBE goal or Good Faith Effort requirements and provide required DBE participation will result in the bid being rejected as non-responsive.

4) The requirement to advertise for the purpose of identifying potential DBEs is not waived.

https://californiaucp.dbesystem.com/

Agreement Number 06A3017

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION

BID PROPOSAL Attachment 1

ADM-1412 (REV. 01/2020)

Bidder Company Name:

Item No.

Estimated Quantity

Unit of Measure Item

Unit Price (Price Per Unit of

Measure)

Total (Estimated Quantity X

Unit Price)

1 10 Hour Develop a Routine Work Plan, including personnel, support services, overhead and profit, signed by a California Registered or Certified Professional, as described in STD213, Exhibit A, Scope of Work.

2 10 Hour

Develop an Expedited Work Plan (48-hour turnaround time), including personnel, support services, overhead and profit, signed by a California Registered or Certified Professional, as described in STD213, Exhibit A, Scope of Work.

3 10 Hour

Develop a Routine Health and Safety Plan, including research, personnel, support services, overhead and profit, signed by an American Board of Industrial Hygiene Certified Industrial Hygienist. The Health and Safety plan will most typically cover Contractor’s work. Occasionally, Caltrans may request a Health and Safety plan for Caltrans employees working in a contaminated area, as described in STD213, Exhibit A, Scope of Work.

4 10 Hour

Develop an Expedited Health and Safety Plan (48-hour turnaround time):

including research, personnel, support services, overhead and profit, signed by an American Board of Industrial Hygiene Certified Industrial Hygienist, as described in STD213, Exhibit A, Scope of Work. The Health and Safety plan will most typically cover Contractor’s work. Occasionally, Caltrans may request a Health and Safety plan for Caltrans employees working in a contaminated area.

5 10 Day

Geophysical Surveys - GPS Data Collection, including GPS Data collection involves Mobilization/Demobilization, personnel, materials, portable GPS equipment, and formal reports, as described in STD213, Exhibit A, Scope of Work.

6 10 Site

Hollow Stem Augering (Mobilization/Demobilization): includes all work necessary to transport to and from the site all personnel, materials, and equipment; first drill set-up and ultimate removal and decontamination of equipment and temporary facilities; and final cleanup of drilling location, as described in STD213, Exhibit A, Scope of Work.

7 1,000 Foot Hollow Stem Auger Drilling: includes backfilling of the borings, as described in STD213, Exhibit A, Scope of Work.

8 10 Site

Mobilization/Demobilization of dual tube direct push drilling rig: includes all work necessary to transport to and from the location all personnel, materials, and equipment; first drill set-up and ultimate removal and decontamination of equipment and temporary facilities; and final cleanup of drilling location, as described in STD213, Exhibit A, Scope of Work.

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION

BID PROPOSAL Attachment 1

Estimated Quantity

Unit of Measure Item

Unit Price (Price Per Unit of

Measure)

Total (Estimated Quantity X

Unit Price)

9 1,000 Foot Dual Tube Direct Push Drilling: Direct Push Drilling (0-50 feet): Includes backfilling of the borings. Per foot calculation is the depth of each boring, not the total linear feet of the service request, as described in STD213, Exhibit A, Scope of Work.

10 100 Sample Emplacement of direct…