IFPQ_08A3752.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/

August 16, 2024

Invitation for Price Quote (IFPQ)

IFPQ # 08A3752

Notice to Prospective Contractors

You are invited to review and respond to this Small Business (SB) Invitation for Price Quote (IFPQ), IFPQ 08A3752 entitled Uninterruptible Power Supply (UPS) Units Batteries and Components in San Bernardino County.

“This solicitation is authorized pursuant to Government Code Section 14838.7, which provides for the award of contracts for the acquisition of construction, including the erection, construction, alteration, repair, or improvement of any State structure, building, road, or other State improvement of any kind, that has an estimated value of greater than $5,000.00, but not more than $461,000.00, to a certified SB, including a micro business (MB), SB for the purpose of public works (SB-PW), or a disabled veteran business enterprise (DVBE). A bid over $461,000.00 will result in rejection of your bid due to non-responsiveness.”

Note that all Agreements entered into with Caltrans will include, by reference, General Terms and Conditions (GTC 04/2017) and Contract 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 contract 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 4, Proposed Form of Agreement, for requirement details.

In the opinion of the Caltrans, this IFPQ is complete and without need of explanation; however, if you have questions, or should you need any clarifying information, the contact person for this IFPQ is:

Shawn Fitzpatrick California Department of Transportation (Caltrans) Email address: shawn.fitzpatrick@dot.ca.gov Phone: (279) 234-2489

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 at an optional Site Inspection to be held on August 26, 2024, at 13892 Victoria Street, Fontana, CA 92336. See Section C1, 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, Shawn Fitzpatrick 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 Price Quote IFPQ Number 08A3752

Table of Contents A) Purpose and Description of Services B) Bidder’s Minimum Qualifications C) Price Quotation Requirements and Information

1. Time Schedule

2. Optional Site Inspection

3. Reasonable Accommodation

4. Questions and Answers

5. ADM-1412 – Bid Proposal

6. Costs Included in Bid Rates

7. Employment of Undocumented Workers

8. State Prevailing Wages

9. Mandatory Organic Waste Recycling

10. Motor Carrier Permit Requirements

11. Contractor Registration Program

12. Contractor’s License

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

14. Non-Collusion Declaration for Public Works

15. Bonds

16. Insurance

17. California Civil Rights Laws

18. Darfur Contracting Act

19. Price Quote Submittal

20. Evaluation and Selection

21. Standard Conditions of Service

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

23. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Technology Use and Reporting

Attachments

1. Price Quote Proposal (ADM-1412)

2. Bid/Bidder Certification Sheet

3. Required Documents

4. Proposed Form of Agreement (STD 213)

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

A) Purpose and Description of Services

1. Contractor shall provide to the California Department of Transportation (Caltrans) all labor, tools, equipment, materials, supplies, parts, vehicles, travel, and any incidentals necessary to provide routine and non-routine preventative maintenance (PM) service for Uninterruptible Power Supply (UPS) units, batteries, components.

2. The services shall be performed at the Inland Empire Transportation Management Center located at 13892 Victoria Street, Fontana, CA 92336.

3. Refer to the Proposed Form of Agreement, Exhibit A, for a more complete description of services.

B) Bidder’s Minimum Qualifications

1. Bidder shall possess at the time of quote submittal, and for the duration of the Agreement, a valid and current C-10 (Electrical Contractor) license issued by the California Contractors State Licensing Board (CSLB).

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

3. Failure of Bidder to sufficiently provide any or all the minimum qualifications, in the opinion of Caltrans, will result in the Bidder’s bid deemed non-responsive.

C) Price Quotation 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)

IFPQ available to prospective bidders 08/16/24 Optional Site Inspection 08/26/24 10:00 a.m.

Written Question Submittal 08/27/24 5:00 p.m.

Final Date for Quote Submission 08/30/24 2:00 p.m.

Proposed Award Date (estimate) 09/06/24

2. Optional Site Inspection A. An optionalsite inspection is scheduled at 10:00 a.m., 08/26/2024, at 13892 Victoria Street, Fontana, CA 92336 for the purpose of discussing concerns regarding this IFPQ.

B. In the event a potential prime contractor is unable to attend the optionalinspection, an authorized representative may attend on its behalf. The representative may only sign in for one

(1) company.

C. All prospective contractors are to be assembled at Caltrans, 13892 Victoria Street, Fontana, CA 92336, at 10:00 a.m. Bidders must sign in (on the sheet provided) upon arrival and sign out upon completion of the walk-through activities.

3. Reasonable Accommodation

For bidders who have and need assistance due to a physical impairment, a reasonable accommodation will be provided upon request for the site inspection. The bidder must call the designated Contract Analyst contact no later than the fifth (5th) working day prior to the scheduled date and time of the site inspection to arrange for a reasonable accommodation.

4. Questions and Answers A. Questions regarding this IFPQ must be submitted in writing. Bidders are encouraged to submit their written questions by 08/27/24.

B. Written questions must include the individual's name, firm name, complete address, and must reference IFPQ No. 08A3752. Questions must be sent to the following email:

Email: shawn.fitzpatrick@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 of the Bidder to access the website for any changes or addenda that may be posted. Refer to Section C1, Time Schedule, for the schedule of events and dates/times. Bidder can contact the Contract Analyst named above.

5. ADM-1412 – Bid Proposal The total bid proposal for this Agreement must not exceed $461,000.00. A bid proposal over $461,000.00 will be deemed non-responsive and will be rejected.

6. Costs Included in Bid Rates Quotation 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 made thereof unless separate payment provisions in the Agreement should specifically so provide.

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

8. State Prevailing Wages State General Prevailing Wage Rates will apply for the County of San Bernardino as described in the attached Proposed Form of Agreement. The predetermined general prevailing wage rates published by the Director of Industrial Relations (DIR) may be obtained via the Internet at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm or by contacting the Contract Analyst listed on the first page of this solicitation. It is the bidder's responsibility to use the correct classification determination published by the DIR. By signing the attached Bid/Bidder Certification Sheet, the Bidder acknowledges this is a public works contract subject to Labor Code Sections 1720-1861, and that if awarded this Agreement, it will be the Bidder’s responsibility to ensure that all prevailing requirements are met, including but not limited to the payment of appropriate prevailing wages rates to all employees who participate and perform services under this Agreement, Department of Industrial Relations registration, submittal of weekly certified payroll records, and employment of apprentices throughout the duration of the Agreement.

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

9. Mandatory Organic Waste Recycling

Contractor generating organic waste or commercial solid waste shall comply with SB 1383; also Contractor will arrange for 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 the Contractor’s right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Section 42649.8 et seq. When applicable, Contractor must comply with these provisions.

10. Motor Carrier Permit Requirements A. Contractor is responsible for determining whether California Vehicle Code Sections 34601 and

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

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

11. 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 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 a contract with prevailing wages unless registered with DIR pursuant to Labor Code Section 1725.5.

C. Caltrans will verify each of the registration numbers provided by the bidder 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.

12. Contractor’s License Bidder must have, at time of quote submittal and for the duration of the contract, a valid, current C-10 (Electrical Contractor) license issued by the CSLB, for the type of work to be performed.

Bidder shall obtain, pay for, and maintain, in good standing, all necessary licenses and permits to accomplish the work. Bidders will be considered non-responsive unless proper licensing requirements are met. An invalid license will result in rejection of the bid. Positive verification of a valid license issued by the CSLB will be performed by Caltrans (Bus. and Prof. Code Section 7028.15).

13. 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.

14. Non-Collusion Declaration for Public Works

The winning bidder must submit a non-collusion declaration for public works during the Agreement award process. Failure to submit a complete declaration shall be grounds for rejection of bid.

15. Bonds Payment Bond Requirement: If the successful bidder’s bid exceeds $25,000, the successful bidder shall furnish a Payment Bond for not less than 100 percent (100%) of the total amount payable by the terms of this Agreement. The Payment Bond is due prior to the start date of work. No work may commence without receipt of a valid Payment Bond. The Payment Bond must be in effect at all times for the duration of the Agreement. If the Payment Bond expires during the term of the Agreement, a new Payment Bond must be provided to the Caltrans Contact Manager not less than 10 business days prior to its expiration. Failure to maintain a Payment Bond for the full term of this Agreement will be grounds for termination for default in addition to other legal remedies Caltrans may have. Inadequate or lack of a Payment Bond does not negate the Contractor’s obligations under this Agreement.

16. Insurance A. The bidder who receives the Agreement award must provide a Certificate of Insurance providing proof of insurance to the Division of Procurement and Contracts within 10 working days from 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.

17. California Civil Rights Laws Any person that submits a winning 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 $100,000 or more shall certify, under penalty of perjury, at the time of Agreement award, that they satisfy all of the conditions set forth in Public Contract Code Section 2010 and they shall execute the California Civil Rights Laws Certification (ADM-0076) completed, signed, and returned with its signed Agreement.

18. Darfur Contracting Act

A. The Darfur Contracting Act, Public Contract Code Sections 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 shall complete the Darfur Contracting Act Certification (ADM-0077) as part of the Agreement award process.

B. If your company has not, within the previous three (3) years, had any business activities or other operations outside of the United States, complete Option 1 on 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 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, during the Agreement award process with a State agency.

E. A scrutinized company may still, however, submit a bid or proposal for a Contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code Section 10477(b).

19. Price Quote Submittal A. The price quote should be emailed as described below. The price quote must be received by the Caltrans, Division of Procurement and Contracts (DPAC), by dates and times shown in Section C, Price Quotation Requirements and Information.

B. The price quote email should be clearly marked with the IFPQ number, title, and ‘PRICE QUOTATION SUBMITTAL’, as shown in the following example:

IFPQ Number: 08A3752

PRICE QUOTATION SUBMITTAL–DO NOT OPEN

C. All quotes shall include the documents identified in the IFPQ; see Attachment 3, Required Documents. Quotes not including the required documents may be deemed non-responsive. A non-responsive price quote is one that does not meet the basic quote requirements.

D. 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.

E. Email to: shawn.fitzpatrick@dot.ca.gov F. Pursuant to Government Code Section 14838.7, Caltrans must receive at least two (2) price quotes from certified SB/MBs or at least two (2) price quotes from DVBEs before it can make an Agreement award. Therefore, at Caltrans’ discretion, if only one price quote is received, the timeframe for receipt of price quotes may be extended in order to receive the minimum number of quotes required by the Government Code. All prospective bidders will be notified via email or telephone of any extensions.

G. Price quotes must include the performance of all the services described herein. Any attempt to modify the Price Quote Proposal document to deviate from the work specifications will not be considered and will cause a price quote to be rejected.

H. A price quote 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 price quote on the basis that it is not responsive or from responsible bidder and may waive any immaterial deviation in a quote.

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

I. Costs for developing price quotes and in anticipation of award of the Agreement are entirely the responsibility of the bidder and shall not be charged to Caltrans.

J. A bidder may modify a price quote after its submission by first withdrawing the original price quote and then by resubmitting a new price quote prior to the price quote submittal deadline.

Bidder modifications offered in any other manner, oral or written, will not be considered.

K. A bidder may withdraw a price quote by, prior to price quote submission deadline, submitting a written withdrawal request to Caltrans, at shawn.fitzpatrick@dot.ca.gov, signed by the bidder or an agent authorized in accordance with Section L, below. A bidder may thereafter submit a new price quote prior to the price quote submittal deadline. Price quotes may not be withdrawn without cause subsequent to the price quote submittal deadline.

L. 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. An unsigned price quote may be cause for bid rejection.

M. Caltrans may modify the IFPQ prior to the date fixed for submission of price quotations by the issuance of an addendum sent to all parties who received an IFPQ package.

N. Caltrans reserves the right to reject all price quotes for reasonable cause.

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

P. Where applicable, 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.

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

20. Evaluation and Selection A. At the time of quote opening, each price quote will be checked for the presence or absence of required information in conformance with the submission requirements of this IFPQ.

B. Caltrans will evaluate each price quote to determine its responsiveness to Caltrans’ needs.

C. Price quotes 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 price quote and meets all the specifications. A price quote meets the specifications if it complies with all the requirements in this solicitation. In the event of a tie quote, Caltrans will draw lots to determine the successful bidder. Only one (1) price quote may be submitted by an entity:

individual, firm, partnership, corporation, joint venture, or combination thereof. Receipt of more 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 than one (1) price quote from an entity will result in all quotes from that entity being rejected and returned to the bidder.

21. Standard Conditions of Service A. Service shall not begin before the start date set forth in the Agreement. After all approvals have been obtained, and the Agreement is executed should Contractor fail to commence work at the agreed upon time, Caltrans, 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 quote price and the actual cost of performing the work by the second low bidder or by another contractor.

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

C. Antitrust Provisions

1) Bidder offers and agrees, and will require all of his other Subcontractors and suppliers to agree, that if the bid is accepted to assign to the awarding body all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works Agreement or subcontract. The assignment made by Contractor and all additional assignments made by Subcontractors and suppliers shall be deemed to have been made and will become effective at the time the awarding body tenders final payment to Contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments.

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

3) Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under Government Code Sections 4550- 4554 if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action (See Government Code Section 4554).

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

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

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

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.

23. 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 technologies.

B. Bidder/Offeror/Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI 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 and 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.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Contractor’s Name TBD PRICE QUOTE PROPOSAL IFPQ Number 08A3752

ADM-1412 (REV. 7/2021) Attachment 1

Contractor’s Name (Please Print):

Item Number

Estimated Quantity

Unit of Measure Item

Unit Price (Price Per Unit of

Measure)

Total (Estimated Quantity X

Unit Price)

1 2 Per UPS Unit

All labor, tools, equipment, travel, parts, materials, supplies, reporting and incidentals necessary to provide the replacement of all Alternate Current (AC) Output, AC Input, Direct Current (DC), Resister Circuit (RC) capacitor assemblies, and blower fans, per STD 213, Exhibit A, Scope of Work.

2 80 Per Battery

All labor, tools, equipment, parts, materials, supplies, travel, reporting and incidentals necessary to provide the replacement of batteries in UPS SN R10 - 10044 String 1 and String 2 (in 2024) per STD 213, Exhibit A, Scope of Work.

3 80 Per Battery

All labor, tools, equipment, parts, materials, supplies, travel, reporting and incidentals necessary to provide the replacement of batteries in UPS SN R10 - 10044 String 3 and String 4 (in 2025) per STD 213, Exhibit A, Scope of Work.

4 6 Semi- Annually

All labor, tools, equipment, parts, materials, supplies, travel, reporting and incidentals necessary to provide routine Semi- Annual Preventative Maintenance, for two (2) Uninterruptible Power Supply (UPS) units, batteries, and components per STD 213, Exhibit A, Scope of Work.

5 60 Per Hour Labor rate for non-routine repairs for uninterruptible power supply (UPS) units, batteries, and components, in accordance with STD 213, Exhibit A, Scope of Work.

6 Subtotal

Maximum allowable expenditure for all parts, materials, and supplies for non-routine repairs only, per Exhibit A, Scope of Work. Actual costs will be reimbursed based on submitted original receipts.

*THIS AMOUNT SHALL BE 10% OF THE ACTUAL SUBTOTAL AMOUNT (0.10 x subtotal)

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Contractor’s Name TBD PRICE QUOTE PROPOSAL IFPQ Number 08A3752

ADM-1412 (REV. 7/2021) Attachment 1

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

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

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

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

Total This

Proposal (add lines 6 and 7)

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 attachments" as an entire package. The bid must be transmitted in a sealed envelope in accordance with IFPQ instructions.

A. Our all-inclusive proposal is submitted in a sealed envelope marked “Price Quote Proposal–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 proposal document. The signature below authorizes the verification of this certification.

D. The signature and date affixed hereon certifies that this proposal 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. Contractors State License Board

Number

11. PUC License Number

CAL-T-

12. Required

Licenses/Certifications

13.Proposer’s Name (Print) 14. Title

15. Signature 16. Date

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

12 Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

13, 14, 15, 16 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 Veteran Business Enterprise, place a check in the “Yes” box and enter your service code on the line. If you are not certified to one or both, place a check in the “No” box. If your certification is pending, enter the date your application was submitted to the Department of General Services, Office Small Business and DVBE Services. To get certified, go to https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch- Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business- Enterprise/Certification-Program.

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program

Attachment 3

Required Documents

The following documents should 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 IFPQ Requirements and/or as listed below.

☐ Attachment 1 – Price Quote Proposal (ADM-1412)

☐ Attachment 2 – Bid/Bidder Certification Sheet

☐ GenAI Reporting & Factsheet (STD 1000)

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

they are NOT required at time of bid submittal:

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

☐ Non-Collusion Declaration Non-Collusion Declaration

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

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

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

☐ Payee Data Record (STD 204) Payee Data Record https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM1418 https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076 https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

Attachment 4

Proposed Form of Agreement

Note to Bidders: The following pages represent a sample of the Agreement that will be awarded, if any, from this IFPQ. Please review it carefully and present any questions in writing to the contact identified for this IFPQ.

2. The term of this Agreement is:

Contractor’s Name TBD Agreement Number 08A3752

Exhibit A Public Works (State)

Scope of Work

1. Contractor agrees to provide to the California Department of Transportation (Caltrans) all labor, tools, equipment, materials, supplies, parts, vehicles, travel, and any incidentals necessary to provide routine and non-routine preventative maintenance (PM) service for Uninterruptible Power Supply (UPS) units, batteries, components as described herein.

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 the Inland Empire Transportation Management Center located at 13892 Victoria Street, Fontana, CA 92336 in San Bernardino County.

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

5. This Agreement will commence on October 01, 2024 (estimate), or upon approval by Caltrans, whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by Caltrans. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by Caltrans Contract Manager. This Agreement will expire on September 30, 2027 (estimate).

The routine services shall be provided during normal business hours Monday through Friday 7:00 a.m. to 4:00 p.m., excluding State holidays. The non-routine services shall be provided on days and times specified by Caltrans Contract Manager and may take place outside the normal business hours and on State holidays. The parties may amend this Agreement as permitted by law.

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

California Department of Transportation (Caltrans)

Contractor: TBD

Section/Unit: D08/Traffic Management Section/Unit:

Caltrans Contract Manager: TBD Project Manager:

Address: 13892 Victoria Street Fontana, CA 92336

Address:

Business Phone Number: Business Phone Number:

Email: first.last@dot.ca.gov Email:

7. Assignment of Work

A. The Service Request shall include the following information:

1) Agreement Number

2) Service Request Number

3) Date of Request

4) Caltrans Contract Manager’s Name

5) Prospective Date of Service

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

7) Location Address of Service

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

9) Signatures of DSPOC and/or Caltrans Contract Manager

B. A Service Request may be classified as either of the following types:

1) Routine: work that requires maintenance and/or repair services where there is no danger, no risk to public health, and no unsafe conditions posed to State property and/or employees.

2) Non-Routine: vital work that requires repair services to be done in order to limit imminent damage, or safety hazard of State property and/or employees.

C. Contractor shall respond to routine Service Requests within 48 hours of issuance. A non-routine Service Request shall be initiated first via phone call and shall be followed up with the written Service Request. Once contacted for non-routine services, Contractor shall have two (2) hours to respond to Caltrans Contract Manager.

8. Equipment List

No. Item Description Quantity

1 UPS Units APC MGE EPS 7000400 KVA/360 KW, UPS units with SN; R10-10043 and R10-10044

2 UPS Bypass APC MGE EPS 8000, UPS maintenance bypass, Model No. 72-131743-08

3 UPS

Component

APC MGE Multi-slot extension module for communication card

4 Batteries Eight (8) strings of Intra Pack Cabinet (Model No.

MGE5D-40C620-480-1-1D250), each string contains forty (40) CSB XHRL1262W batteries

5 Battery System BTECH S5 battery monitoring and validation system 2

9. Applicable Standards

ISO 9001:2015 Certified for UPS Maintenance, Engineering, and Installation.

10. Description of Work

A. One-Time Replacement of the Following:

1) All Alternate Current (AC) Output, AC Input, Direct Current (DC), and Resister Circuit (RC) capacitor assemblies in both UPS Units including all blower fans in both UPS Units.

2) Batteries (160) in UPS Units.

a. Contractor shall replace a total of 160 CSB XHRL1262W batteries at the following schedule:

i) 2024 (80) UPS SN R10 - 10044 String 1 and String 2

ii) 2025 (80) UPS SN R10 – 10044 String 3 and String 4

b. The replaced batteries shall be equivalent to the existing CSB XHRL1262W, with the following specifications:

Type Dimensions Cells per Unit

VRLA

H; 10.8” + 0.1”, L: 13.5” + 0.1 W: 6.7 + 0.1” 6V

Voltage per Unit Nominal Voltage Float Voltage Battery Current

12V

Capacity 620.0W@ 15 minute-Rate to 1.37V per Cell @ 25 C (-4F ~ 122F)

Maximum Discharge Current Typical re-charging time

800 A (5sec) C10

Operating Temperature Range

Discharge: -20C-50 (-4-122F) Storage: -15C~40C (5F~104F)

Nominal Operating Temperature Range

25C±3C (77F±5F)

Float Charging Voltage 13.5 to 13.8 VDC/Unit Average at 25 C (77F) Equalization and Cycle Service

14.4 to 15.0 VDC/Unit Average at 25 C (77F)

Self-Discharge It shall be more than 75% of the capacity that before storage after stocked for 6 months at ambient temperature 25C

Terminal 12-Thread lead allow recessed terminal to accept M- /M8 bolt

3) A submittal of the proposed battery specifications shall be provided to Caltrans Contract Manager for approval prior to installation. Contractor shall not make alterations to the existing battery cabinet or cabling to allow for new batteries to be installed.

4) Contractor shall remove and legally dispose of old batteries, deliver, and provide installation of the new batteries.

5) The batteries from an entire cabinet shall be replaced, and the replacement date shall be indicated on a sticker inside the cabinet.

6) If individual batteries from other cabinets have failed or are weak, the existing good batteries shall be re-used to place the failed or failing batteries.

7) Contractor shall provide Caltrans Contract Manager a written documentation regarding which batteries were changed after each installation is complete.

8) Power protection audit

a. Contractor shall conduct an annual power protection audit of the power modules system and overall operation environment.

b. Following each power protection audit, Contractor shall provide a written report describing audit results, evaluation of equipment performance, and recommendations.

B. Routine Preventative Maintenance

1) Semi-annual routine PM visits will be pre-scheduled with Caltrans Contract Manager.

2) Contractor shall provide a routine PM plan or method of procedure (MOP) (any format) regarding services for the UPS modules, batteries, and “BTECH S5” monitoring system. The routine PM plan or MOP must be pre-approved by Caltrans Contract Manager before any work is done.

3) Contractor shall insure that the routine PM for batteries are performed by an authorized technician, to be authorized in advance by Caltrans Contract Manager.

4) Contractor shall provide a full written report for each routine PM and non-routine services performed and recommendations for future remedial and action, including audit recommendations.

5) If the Service Request is classified as routine, Contractor shall perform a site inspection for initial analysis prior to the start of actual work. Contractor shall work with Caltrans Contract Manager to set up a mutually agreeable date and time for the inspection.

C. Semi-Annual Routine PM on APC/MGE UPS Equipment and Batteries

1) Contractor shall provide semi-annual routine PM services on APC/MGE UPS units and component listed in this Exhibit A, Item 8. Equipment List. Services shall be provided during normal operations with no danger to the UPS operation condition and the critical load, or during offline operation, in the bypass mode.

2) The Semi-Annual Routine PM shall include, but not be limited to the following:

a. Calibration of all metering and protective features.

b. Functional testing of transfer conditions.

c. Inspection of online performance and equipment history.

d. General observations, customer consultations, and verbal recommendations.

3) Visual Inspection shall include, but not limited to:

a. Inspect all printed circuit board connections for cleanliness, swab contacts if necessary.

b. Inspect all power connections for signs of overheating.

c. Inspect all subassemblies, bridges, and legs for signs of component defects of stress.

d. Inspect all DC capacitors for signs of leakage.

e. Inspect all AC capacitors for signs of leakage.

f. Inspect and inventory all customer-owned spare parts.

g. Inspect for, and perform as required, any open engineering changes.

4) Internal Operation Parameters Inspection shall include, but not be limited to:

a. DC ground detection offset.

b. Inverter leg current average balance.

c. Output filter current average balance.

d. Output filter current average phase balance.

e. Rectifier bridge current average leg balance.

f. AC protection settings and operation.

g.