IFPQ_10A2805.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/

July 8, 2025

Invitation For Price Quote (IFPQ)

IFPQ # 10A2805

Notice to Prospective Contractors

You are invited to review and respond to this Small Business (SB) Invitation for Price Quote (IFPQ), IFPQ 10A2805 titled Routine and Non-Routine Water Treatment Services in Stanislaus County In submitting your quote, you must comply with the instructions found herein.

“This solicitation is authorized pursuant to Government Code Section 14838.5, which provides for the award of contracts for the acquisition of goods, services, or information technology that has an estimated value of greater than $5,000.00, but less than $250,000.00, to a certified SB, including a Micro Business, or a Disabled Veteran Business Enterprise.” A bid of $250,000 and above will result in rejection of your bid due to non-responsiveness.

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 3, Proposed Form of Agreement, for requirement details.

In the opinion of 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:

Matthew Stephens California Department of Transportation (Caltrans) Email Address: Matthew.Stephens@dot.ca.gov Phone: (279) 234-2331 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, in accordance with the Questions and Answers portion of this IFPQ. See Section C1, Time Schedule, for more details.

ALL REQUIRED DOCUMENTS ARE EITHER ATTACHED (ATTACHMENT 1) OR THE DOCUMENT LINK

IS PROVIDED ON ATTACHMENT 2, REQUIRED DOCUMENTS.

Sincerely, Matthew Stephens Contract Analyst https://dot.ca.gov/programs/procurement-and-contracts/ mailto:Matthew.Stephens@dot.ca.gov

Invitation for Price Quote IFPQ Number 10A2805

Purpose and Description of Services

1. Contractor shall provide all labor, equipment, tools, travel, and incidentals necessary to provide to monitor, service, maintain, repair, and supervise the operation of the water chlorination system to verify the safe operation of the chlorination system to Caltrans.

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

Bidder’s Minimum Qualifications

1. By submitting its bid, bidder certifies, under penalty of perjury, that its Water Treatment

Operator, Grade T2 or higher, and Water Distributor Operator, Grade D2 or higher, certifications issued by the California State Water Resources Control Board (SWRCB) 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, and any Subcontractor Licenses, thus it is not necessary for bidders to provide a copy.

2. Bidder shall possess at the time of bid submittal and for the duration of the Agreement, a valid and current registration with the Department of Industrial Relations (DIR). Caltrans will verify bidder’s DIR registration.

3. Bidder shall be a certified SB or DVBE with the Department of General Services (DGS).

4. 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.

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 07/08/2025

Written Question Submittal 07/15/2025 5:00 p.m.

Final Date for Quote Submission 07/22/2025 5:00 p.m.

Proposed Award Date (estimate) 07/29/2025

2. Questions and Answers A. Questions regarding this IFPQ must be submitted in writing. Bidders are encouraged to submit their written questions by 5:00 p.m. on July 15, 2025.

B. Written questions must include the individual's name, firm name, complete address, and must reference IFPQ No. 10A2805. Questions must be sent to the following email:

Email: Matthew.Stephens@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 https://caleprocure.com/pages/index,aspx be posted. Refer to Section C1, Time Schedule, for the IFPQ’s schedule of events and dates/times. Bidder can contact the Contract Analyst named above.

3. 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.

4. State General Prevailing Wages State General Prevailing Wage Rates will apply for the County of Stanislaus as described in the attached Proposed Form of Agreement Exhibit B. 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 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.

5. 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 Contractor’s right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Sections 42649.8 et seq. When applicable, Contractor must comply with these provisions.

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

7. Contractor Registration Program A. No Contractor may be listed on a bid proposal for an agreement with prevailing wages https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm 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 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 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.

8. Contractor’s License Bidder must have at time of quote submittal and for the duration of the contract, a valid, current Certified Water Treatment Operator Certification, Grade T2 or higher, and a Water Distributor Operator Certification, Grade D2 or higher from the California State Water Resources Control Board (SWRCB) and appear on the list of Certified Laboratories, 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 price quote. Positive verification of a valid license issued by the CSLB will be performed by Caltrans (Bus. and Prof. Code Section 7028.15).

9. 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.

10. 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 workdays 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.

11. 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 (DOT ADM-0077), provided as a link in Attachment 2, Required Documents, and submit with the proposal.

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 PCC 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).

12. Price Quote Submittal A. The Price Quote should be emailed as described below. The price quote must be received by 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: 10A2805

PRICE QUOTATION SUBMITTAL–DO NOT OPEN

C. All quotes shall include the documents identified in the IFPQ; see Attachment 2, 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: Matthew.Stephens@dot.ca.gov F. Pursuant to Government Code Section 14838.5, 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 a 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 contract are entirely the responsibility of the bidder and shall not be charged to the State.

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 Matthew.Stephens@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 Bid/Bidder Certification Sheet. The signature must also indicate the title or position that the individual holds in the firm. An unsigned 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 contract amount will be made due to a lack of careful examination of work sites and specifications.

Q. Caltrans does not accept alternate contract language from a bidder. A price quote with such language will be considered a counterproposal and will be rejected. The State’s General Terms and Conditions (GTC 02/2025) are not negotiable. The GTC 02/2025 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.

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

mailto:Matthew.Stephens@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

B. Caltrans will check the price quote submittal package to verify it received all required documents. Positive verification of required documents will be performed to determine its responsiveness to the State’s needs.

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

14. 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 price quote 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 expiration date of the contract.

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, 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 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 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 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 where, a) the purpose is to induce, promote, or encourage the purchase of other merchandise; or b) the effect is a tendency or capacity to mislead or deceive purchasers of prospective purchasers; or c) the effect is to divert trade from or otherwise injure competitors.

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

15. Executive Order N-6-22 – Russian 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.

16. 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 must notify the State in writing if it:

1) intends to provide GenAI as a deliverable to the State; or

2) intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts:

a) functionality of a State system,

b) risk to the State, or

c) Contract performance.

Note: For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

C. Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

D. Upon notification by a Bidder / Offeror of GenAI as required, 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.

E. Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 10A2805 PRICE QUOTE PROPOSAL Attachment 1 Page 1 of 2

ADM-1412 (REV. 5/2025)

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)

1 112 Each

All labor, tools, equipment, materials, travel, and incidentals necessary to provide routine scheduled weekly services as described in Exhibit A, Scope of Work.

2 75 Hour All labor, tools, equipment, materials, travel, and incidentals necessary to provide non-routine repair services as described in Exhibit A, Scope of Work.

3 400 Gallons 12.5% Sodium Hypochlorite Chlorine (Disinfectant) as described in Exhibit A, Scope of Work. $ $

4 1 Each

All labor, tools, equipment, materials, travel, and incidentals necessary to disinfect 20,000-gallon potable water storage tank as described in Exhibit A, Scope of Work.

5 8 Each

All labor, tools, equipment, materials, travel, and incidentals necessary to provide quarterly inspections of the water chlorination system as described in Exhibit A, Scope of Work.

6 Subtotal (Sum of items 1 – 5) $

Maximum allowable expenditure for all materials, supplies, and parts per Exhibit A, Scope of Work. Actual costs will be reimbursed based on submitted original receipts. Enter 10 percent (10%) of the Subtotal amount (0.10 x subtotal) here

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 10A2805 PRICE QUOTE PROPOSAL Attachment 1 Page 2 of 2

ADM-1412 (REV. 5/2025)

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 time, the unit price shall prevail.

3) 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. Do not leave any unit price column blank or this quote proposal sheet will be deemed non-responsive.

Total This Proposal

(Sum of items 6 and 7)

Attachment 2

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)

☐ Bid/Bidder Certification Sheet (DOT ADM-1416) Bid/Bidder Certification Sheet

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

Copy of valid and current Certified Water Treatment Operator Certification, Grade T2 or higher, and a Water Distributor Operator Certification, Grade D2 or higher from the California State Water Resources Control Board (SWRCB) and appear on the list of Certified Laboratories

☐ Copy of valid and current registration with the Department of Industrial Relations (DIR)

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

they are NOT required at time of bid submittal:

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

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

☐ Payee Data Record (STD 204) Payee Data Record https://forms.dot.ca.gov/v2Forms/searchForm.jsp?frmid=1416&valid=true https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM0077 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

Attachment 3 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 10A2805

Exhibit A

Commercial Services–State

Scope of Work

1. Contractor agrees to provide Routine and Non-Routine Water Treatment Services to the California

Department of Transportation (Caltrans), as described herein:

Contractor shall provide all labor, tools, equipment, travel, and incidentals necessary to monitor, service, maintain, repair, and supervise the operation of the water chlorination system to verify its safe operation and keep it in compliance with the California State Water Resources Control Board (SWRCB) Regulations, title 22, Division 4.

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 Westley Safety Roadside Rest Area (SRRA) located Northbound and Southbound of Interstate 5 at Post Mile 27.3 in Stanislaus County.

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

5. This Agreement will commence on November 1, 2025 (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 shall expire on December 14, 2027 (estimate). The routine services shall be provided on Mondays or the following day if Monday is a State holiday, between 7:00 a.m. and 4:00 p.m. The non-routine services shall be provided any day of the week, including 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. Contractor shall provide advance written notice and receive advance written approval by Caltrans Contract Manager, without the necessity of an amendment, before changing the Project Manager noted below.

California Department of Transportation (Caltrans) Contractor Name TBD

Section/Unit: District 10/Maintenance

Contract Manager: TBD Project Manager:

Address: Address:

Business Phone Number: Business Phone Number:

Email: Email:

7. Assignment of Work A. Caltrans Contract Manager shall issue a Service Request via email to Contractor for routine and non-routine services. See Attachment 2, Service Request.

B. The Service Request shall include the following information:

1) Agreement Number 10A2805

2) Service Request Number

3) Date of Request

4) Contact Name, Requestor, and/or District Single Point of Contact (DSPOC)

5) Caltrans Contract Manager’s Name

6) Prospective Date of Service

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

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

9) Location Address of Service

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

Scope of Work in this Exhibit A

11) Signatures of DSPOC and/or Caltrans Contract Manager

C. 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 immediate 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.

D. 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. Detailed Description of Work to be Performed and Duties of all Parties:

A. Contractor shall perform a thorough, quarterly inspection of the water chlorination system, water usage meters, system plumbing, chlorine analyzer, booster pumps, recycled water equipment and water storage tanks.

B. Contractor shall provide 400 gallons of chlorine with 12.5% sodium hypochlorite to operate the water treatment plant.

C. Contractor shall clean and disinfect the 20,000-gallon potable water storage tank once during the duration of the Agreement.

D. Contractor shall request approval from Caltrans Contract Manager of all repairs in advance of repairs being performed. Contractor shall not begin any repairs and will not receive payment for any repairs prior to gaining written approval from Caltrans Contract Manager.

E. Contractor shall be available Monday through Friday including weekends and holidays to provide emergency, on-call and non-routine services to the water chlorination system when the system shuts down, sends an operational alarm, and/or ceases potable water production.

Caltrans Contract Manager will notify Contractor upon discovery of any water system problems.

F. Contractor shall be required to respond to the water chlorinator system within one (1) hour, including travel time, of initial notification of shut down or other malfunction of the water chlorination system.

G. Contractor shall respond to put the water chlorination system in safe operation to avoid closure of the Westley SRRA.

H. Contractor shall maintain detailed water chlorination system operational records for the following functions: chlorine usage, chlorine residual, source production, and outgoing water usage.

I. Contractor shall check the Supervisory Control and Data Acquisition (SCADA) equipment weekly for proper operation, data recording, and alarms operation.

J. Contractor shall check the chlorine chemical dosing pump weekly for proper dosing and functioning with a source flow meter.

K. Contractor shall review and compile monthly Summary of Monitoring Reports by the 10th of each month, and mail to the SWRCB. Copies of these reports shall be provided to Caltrans Contract Manager on a monthly basis or upon request.

9. Materials/Supplies/Parts Contractor will be reimbursed for the actual cost of materials/supplies/parts purchased to be consumed or installed at the work site in performance of the Agreement (including applicable sales tax), without additional allowance for markup. No additional compensation will be made for the cost to acquire, store or deliver any purchased items. Cost of materials/supplies/parts are to be substantiated by submitting a copy of the appropriately signed original invoice verifying the actual cost. Total expenditures for materials/supplies/parts shall not exceed the amount set forth in Attachment 1, Price Quote Proposal.

10. Warranty All parts and installation work completed by Contractor shall be warrantied, and Contractor shall issue a workmanship warranty for a period of one (1) year after work is completed.

11. General Contractor’s Responsibilities A. Contractor shall ensure that only qualified and competent personnel are permitted on the job site and that the work shall be safely performed by the highest industry standards. Contractor shall take all the necessary precautions to prevent injury or hazard to Caltrans employee(s) or the public.

B. Contractor shall comply with all applicable federal, state, county, city and municipal laws, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work to be performed in this Agreement.

C. Contractor shall avoid causing unreasonable inconvenience to any person(s) doing business on Caltrans property. In the event Contractor’s operation creates a condition hazardous to the Caltrans property occupants or the general public, Contractor shall provide all applicable warning signs alerting to any dangerous conditions at Contractor’s own expense and without cost to Caltrans.

D. Contractor shall obtain and pay for all permits, licenses, registrations, and certificates required by local ordinances as applicable to this Agreement and its Exhibit A, Scope of Work.

12. Contractor Project Manager Responsibilities A. Contractor Project Manager shall coordinate work-related matters and Contractor’s operations under this Agreement.

B. In addition to other responsibilities described in this Agreement, Contractor Project Manager shall be responsible for all matters related to Contractor’s personnel including, but not limited to, the following:

1) Ensure that deliverables meet the criteria established by the Agreement.

2) Supervise, review, monitor, train, and direct Contractor’s personnel.

3) Include Caltrans Contract Manager in written communications to other Caltrans personnel for any clarification on the scope of work.

4) Assign qualified personnel to complete the required Service Request work, as specified, on an “as-needed” basis in coordination with Caltrans Contract Manager.

5) Administer personnel actions for Contractor personnel.

6) Maintain and submit organized project files for record tracking and auditing.

7) Implement and maintain quality control procedures to manage conflicts, ensure product accuracy.

8) Ensure all applicable safety measures are in place.

9) Provide invoices in a timely manner.

10) Review invoices for accuracy and completion before billing to Caltrans.

11) Ensure that the schedules, deliverables and the deliverables’ requirements set forth in the

Agreement are satisfied.

12) Ensure compliance with the provisions in this Agreement and all specific Service Request requirements.

13. Code of Conduct

A. Contractor and its employees shall be aware that they are working on Caltrans property and be courteous and respectful at all times. Contractor and its employees shall refrain from using loud voices, inappropriate language, and shall conduct themselves in a professional manner at all times.

B. Public safety and convenience are to be considered at all times. If any person employed by Contractor appears to Caltrans Contract Manager to be incompetent or to act in a disorderly, unsafe, or improper manner, that person shall be removed from the premises immediately and shall no longer be employed on this Caltrans Agreement, unless agreed in advance by Caltrans Contract Manager.

C. If Contractor's employees display any behavior that Caltrans Contract Manager deems inappropriate or offensive, Caltrans Contract Manager will have the right to request for removal of that employee from further work on this Agreement by Contractor.

14. Worksite Clean-up A. Contractor shall own and assume all responsibility for all litter, waste, debris, and similar materials arising from or produced by the work performed under this Agreement. Contractor shall clean and keep the area in an orderly, safe, and clean condition, including but not limited to spills and smudges. If the work site is not left clean and in an orderly condition, Contractor shall be called back to correct the condition at its sole expense.

B. Contractor shall promptly remove such litter, waste, debris, and other materials produced during this work and legally dispose of them at no additional charge to Caltrans. No litter, waste, debris, or other materials shall be disposed of in any Caltrans dumpsters without advance written permission of Caltrans Contract Manager.

C. Such litter, waste, debris, and other materials are not expected to include hazardous waste.

However, if hazardous waste is encountered, Contractor shall notify Caltrans Contract Manager immediately. Hazardous waste shall be dealt with in accordance with Exhibit A, Scope of Work, Item 17, below.

D. Once Contractor takes possession of the materials, Contractor shall take ownership of the materials and shall legally dispose of or recycle the materials.

E. Contractor's quote shall include all costs for disposal or recycling of the materials, and no additional costs will be paid.

15. Damages to Caltrans Property In the event that any Caltrans property is damaged as a result of the actions of Contractor or its employees, Contractor shall repair, at its sole expense, the damage which has occurred as a direct result of Contractor or its employees during the work. Repair efforts shall be performed in a manner that ensures that all warranties are maintained for any products that are damaged. Repair efforts shall include the full costs for all required labor and materials.

16. Inspection and Acceptance of Payment Work shall be subject to inspection and acceptance by Caltrans Contract Manager. Caltrans Contract Manager will have the sole responsibility and authority to determine whether Contractor has satisfied its duties and obligations under the Agreement. Approval of work constitutes approval for payment and not transference or termination of Contractor’s responsibility to perform work in accordance with the terms of the Agreement, and any work that needs correction shall be made at the Contractor's sole cost and expense, and in a timely manner. Failure to begin work and complete work as required by this Agreement will be considered grounds for termination of this Agreement for default in accordance with Exhibit D, Termination.

17. Discovery of Asbestos, Lead-based Paint, or Other Hazardous Substances/Materials A. If Contractor discovers or suspects asbestos, lead-based paint, or other known hazardous substances/materials in the area affected by the Agreement, Contractor shall STOP WORK IMMEDIATELY. Contractor shall verbally notify Caltrans Contract Manager of these findings immediately and confirm verbal notification in writing within 24 hours.

B. Continuation of work shall not commence until Contractor has been authorized to do so in writing, by Caltrans Contract Manager.

C. Should it become necessary to terminate the service request, Contractor shall be compensated only for work in progress or actually completed to Caltrans Contract Manager’s satisfaction. No payment will be made for delay or lost profits anticipated for uncompleted work.

D. Failure to notify Caltrans Contract Manager of the discovery of asbestos, lead-based paint or other hazardous substances/materials may result in immediate termination of the Agreement for default per Exhibit D, Termination. Contractor shall be responsible for all damages arising from failure to disclose the discovery of any hazardous substances

18. Waste Disposal Prior to the commencement of waste disposal, Contractor must adhere to the provisions highlighted in Senate Bill 1383 (Lara) of 2016 Title 14, CCR, General Provisions section 18981.2, Public Resources Code sections 42652 et. Seq.

Exhibit B

Budget Detail and Payment Provisions

1. Invoicing and Payment

A. For services satisfactorily rendered and approved by Caltrans Contract Manager, and upon receipt and approval of the invoices, Caltrans agrees to compensate Contractor in accordance with the Attachment 1, Price Quote Proposal and this Exhibit B.

Incomplete or disputed invoices shall be returned to Contractor, unpaid, for correction.

B. Invoices shall be itemized in accordance with the Attachment 1, Price Quote Proposal, and shall be signed and submitted in triplicate not more frequently than monthly in arrears of the service.

C. Each invoice shall include:

1) Agreement Number 10A2805

2) Date(s) of Service

3) Location of Service

4) Receipts for Material and Supplies

5) Service Request Number

6) Description of Service Request

D. Each invoice shall be submitted in triplicate to:

California Department of Transportation (Caltrans) District 10/Maintenance Attention: TBD Street Address/PO Box City, CA Zip Code

E. Contractor shall submit a certified copy of all payroll records for verification by Caltrans Contract Manager with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by Contractor.

2. Budget Contingency Clause A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to the State of California by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms, or funding of this Agreement in any manner.

C. It is mutually agreed that if Congress or State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

D. Pursuant to Government Code Section 927.13, no late payment penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a State agency.

E. Caltrans has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds.

3. Prompt Payment Clause A. Payment will be made in accordance with, and within the time specified in, Government

Code, Chapter 4.5, commencing with Section 927.

B. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this clause.

4. Cost Limitation

A. Total amount of this Agreement shall not exceed $TBD.

B. It is understood and agreed that this total is an estimate, and that Caltrans will pay only for those services actually rendered as authorized by Caltrans Contract Manager up to the total amount set forth in Section A, above.

5. Rates Rates for these services may be found on Attachment 1, Price Quote Proposal of this document.

6. Excise Tax State of California is exempt from Federal excise taxes, and no payment will be made for any taxes levied on employees’ wages. Caltrans will pay for any applicable State or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. Caltrans may pay any applicable sales and use tax imposed by another state.

7. Cost Principles A. Contractor agrees that the Contract Cost Principles and Procedures in 48 Code of

Federal Regulations (CFR), Part 31, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, in 2 CFR, Part 200, shall be used to determine the allowable individual items of cost.

B. Any costs for which payment has been made to Contractor that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by Contractor to Caltrans.

C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.

8. Costs Included in Bid Rates A. The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, Agreement bond premiums, and any other taxes or assessments including sales and use taxes required by law or otherwise shall be included in the Agreement rates and no additional allowance will be made thereof, unless separate payment provision should specifically so provide.

B. Contractors shall make travel and subsistence payments to each worker in compliance with Labor Code Sections 1773.1 and 1773.9. Travel and subsistence requirements are available on the Department of Industrial Relations website at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

9. Payroll Records A.