IFPQ_10A2806.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 # 10A2806

Notice to Prospective Contractors

You are invited to review and respond to this Small Business (SB) Invitation for Price Quote (IFPQ), IFPQ 10A2806 entitled Operated Equipment Rental in Alpine, Amador, Calaveras, Tuolumne, Mariposa, Merced, San Joaquin, and Stanislaus Counties. In submitting your quote, you must comply with the instructions found herein.

“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, 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).

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 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:

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 10A2806

A) Purpose and Description of Services

1. Contractor shall provide all labor, tools, equipment, transport, materials, supplies, fuel, maintenance, and incidentals necessary to provide rental of a fully operated medium excavator or super dump trailers to haul and legally dispose of stockpiled debris from predesignated State highway sites to Caltrans.

2. Equipment Rental is to be furnished on a fully operated rental basis.

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 Motor Carrier Permit issued from the California Department of Motor Vehicles (DMV).

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).

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.

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 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. 10A2806. 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 be posted. Refer to Section C1, Time Schedule, for the schedule of events and dates/times. Bidder can contact the Contract Analyst named above.

3. Costs Included in Bid Rates 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 https://caleprocure.com/pages/index,aspx 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. 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).

5. State Prevailing Wages State General Prevailing Wage Rates will apply for the Counties of Alpine, Amador, Calaveras, Tuolumne, Mariposa, Merced, San Joaquin, and Stanislaus as described in the 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.

6. 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.

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

Motor Vehicles (DMV) for its services as a Motor Carrier of Property under this Agreement.

Contractor shall pay any required fees necessary to obtain and maintain in good standing the required MCP(s).

B. MCP(s) 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).

8. Contractor Registration Program A. No Contractor 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 may be awarded a contract with prevailing wages unless registered with DIR pursuant to Labor Code Section 1725.5.

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

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.

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. Non-Collusion Declaration for Public Works Bidder must submit a non-collusion declaration for Public Works. The Non-Collusion Declaration for Public Works is provided as a link in Attachment 2, Required Documents.

11. Bonds Payment Bond Requirement: If the total contract price exceeds $25,000, Contractor shall furnish a Payment Bond for not less than one hundred 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 Contractor’s obligations under this Agreement.

12. 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.

13. California Civil Rights Laws Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew an Agreement with, a State agency with respect to any Agreement in the amount of one hundred thousand dollars ($100,000) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the Agreement is renewed, that they satisfy all of the conditions set forth in California Public Contract Code Section 2010 and they shall execute the California Civil Rights Laws Certification (DOT ADM-0076), provided as a link in Attachment 2, Required Documents, completed, signed, and returned with its bid or proposal.

14. 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 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).

15. 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: 10A2806

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 14838.7, 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 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 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 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.

16. 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 bidder. 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.

17. 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. 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 supply equipment requested within five (5) working days after notification of the starting date, or suspend work for a period of five (5) continuous working days after notification that equipment is to be supplied, Caltrans upon five (5) calendar days written notice, reserves the right to terminate the Agreement. In addition, contractor shall be liable to Caltrans for the difference between the Contractor’s price quote and the actual cost of performing the work by the second low bidder or by another contractor.

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

D. 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).

E. 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.

F. 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.

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

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

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law unless the contract has been Federalized (i.e. there is federal participation in any phase). By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

19. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) 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 as a deliverable to the State; 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.

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

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.

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 10A2806 PRICE QUOTE PROPOSAL Attachment 1 Page 1 of 1

ADM-1412 (REV. 5/2025)

Contractor’s Name (Please Print):

Item Number

Estimated Quantity

Unit of Measure Item Description

Unit Price (Price Per Unit of

Measure)

Total (Estimated Quantity X Unit

Price)

1 750 Hourly

All labor, tools, equipment, transport, materials, supplies, fuel, maintenance, and incidentals necessary to pick up, haul, and legally dispose of stockpiled debris with assistance of one (1) Front End Loader or Medium Excavator (CAT 325 or equivalent) with availability of a thumb attachment as described in Exhibit A, Scope of Work.

2 1600 Hourly

All labor, tools, equipment, transport, materials, supplies, fuel, maintenance, and incidentals necessary to pick up, haul, and legally dispose of stockpiled debris with assistance of one (1) End Dump Truck, or Transfer Truck, or Super Dump Trailer as described in Exhibit A, Scope of Work.

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

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

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

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

Total This Proposal $

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

☐ Non-Collusion Declaration Non-Collusion Declaration

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

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

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

they are NOT required at time of bid submittal:

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

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

☐ Payee Data Record (STD 204) Payee Data Record https://forms.dot.ca.gov/v2Forms/searchForm.jsp?frmid=1416&valid=true https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM1418 https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM0076 https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM0076 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 10A2806

Exhibit A

Highway Equipment Rental–State Scope of Work

1. Contractor agrees to provide to California Department of Transportation (Caltrans) on an "on call" as-needed basis, rental of fully operated, medium excavator and super dump trailers, as described herein:

Contractor shall provide all labor, tools, equipment, transport, materials, supplies, fuel, maintenance, and incidentals necessary to provide rental of a fully operated medium excavator and super dump trailers to haul and legally dispose of stockpiled debris from predesignated State highway sites. The debris to be hauled shall include sweeper waste, highway debris, asphalt grindings, and other nonhazardous wastes. Slide material shall be hauled by Contractor from the site of slide.

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 Alpine, Amador, Calaveras, Tuolumne, Mariposa, Merced, San Joaquin, and Stanislaus Counties.

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 October 31, 2028 (estimate). The services shall be provided Sunday through Saturday, except holidays, with sixty percent (60%) of the work being done at night. 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:

Exhibit A

Highway Equipment Rental–State

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 10A2806

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

8) Locations Address of Service

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

10) Signatures of DSPOC and/or Caltrans Contract Manager

C. Contractor shall respond to Service Requests within 48 hours of issuance.

D. Contractor's failure to begin or complete the work in the time required, or report at the designated time or location on more than one (1) occasion shall be considered as non-conformance by Contractor and may result in the withdrawal of the Service Request and possible termination of the Agreement, per Exhibit D, Termination.

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

A. Contractor shall supply, properly equipped, fully operated front end loader, or Medium

Excavator (CAT 325 or Equivalent) with availability of a thumb attachment, and end-dump truck(s) or transfer truck trailer(s), or super dump trailers capable of hauling a minimum of 20 cubic yards. Equipment may include a water tanker to be used for dust suppression if needed to comply with air quality restrictions. Trucks operated for the services, shall be fully insured, fueled, and maintained by Contractor.

B. Contractor equipment shall be inspected before loading and any damage documented. This is to protect Caltrans from being charged for prior damage to Contractor's equipment.

Loads shall be covered with a tarpaulin by Contractor before leaving the loading site, if necessary.

C. Contractor shall provide all labor, tools, equipment, transport, materials, supplies, fuel, maintenance and incidentals necessary to haul stockpiled debris that includes sweeper waste, material picked up from catch basin using a vacuum truck, and slide material.

D. Contractor shall inspect the materials before taking possession of the debris. The debris may include constitutes of concern, but these materials are not pre-determined to be hazardous waste.

E. Material from non-Caltrans facilities shall not be co-mingled with Caltrans material.

Exhibit A

Highway Equipment Rental–State F. The debris is not expected to include hazardous waste. Unless provided in the separate written agreement described work. Caltrans will not be held liable for any hazardous materials or waste that is transported, disposed of, or recycled under this Agreement.

G. Contractor shall take ownership of the debris and shall dispose of or recycle the debris in a lawful manner.

H. Contractor shall be responsible for the transportation of the equipment to and from designated area(s) as determined by Caltrans Contract Manager. Move in/move out costs shall be included in hourly equipment rates and no additional payment will be made for travel time to and from the job site

I. Contractor shall be paid on an hourly basis from the time they reach the job site to the time they leave the job site: Each request to work will result in a minimum of four (4) hours of work paid for Contractor, as long as the Service Request is not cancelled before Contractor starts their shift.

J. Equipment set up shall be completed prior to the shift start time. Equipment set-up time shall be included in unit price shift rate, and no additional compensation will be paid for set-

up. Equipment cleanup shall be completed by Contractor after each shift. Equipment cleanup time shall be included in unit price shift rate, and no additional compensation will be paid for cleanup time.

K. If working off-road, Contractor shall inspect and remove loose rock and sediment (including sediment from tires) prior to entering a state highway to reduce the potential of tracking litter, debris, and sediment onto public roadways.

L. Contractor's trucks shall meet California Highway Patrol (CHP) and California Occupational Safety and Health Administration (CAL-OSHA) requirements.

9. General Contractor Responsibilities A. Contractor shall ensure that only qualified and competent employee(s) 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), invitee(s), and/or the public.

B. Contractor shall conduct its operation in such a manner as to avoid injury or damage to the property of Caltrans or any adjacent property.

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 Caltrans property, its occupants, or the public, contractor shall provide warning signs alerting to any dangerous conditions at contractor's own expense and without cost to Caltrans.

D. Personal property, items that have apparent value and are not fouled with human waste or other hazardous materials, encountered by Contractor on Caltrans property shall be collected by Contractor and turned over to Caltrans.

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

Exhibit A

Highway Equipment Rental–State 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 deliverables meet the criteria established by the Agreement.

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

3) Include the 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) Implement and maintain quality control procedures to ensure product and service accuracy.

7) Ensure all applicable safety measures are in place.

8) Provide invoices in a timely manner.

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

10) Ensure the schedules, deliverables and the deliverables' requirements set forth in the

Agreement are satisfied.

11) Ensure compliance with the provisions in this Agreement and all specific Service

Request requirements.

11. Code of Conduct

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

B. It is the duty of Contractor and its staff to read and adhere to Caltrans policies and directives, available to Caltrans staff including, but not limited to the Director’s Policy (DP) 3- Health and Safety, DP 18-Workplace Violence Prevention, Deputy Directive (DD) 8-Drug Free Workplace.

C. DD 22-Weapons Prohibited on or in Caltrans Buildings and Caltrans Property, DD 49- Sexual Harassment Prevention.

D. Public safety and convenience are to be always considered. 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 will be removed from the premises immediately and will no longer be employed on this Caltrans Agreement, unless agreed in advance by Caltrans Contract Manager.

E. If Contractor’s employees display any behavior that Caltrans Contract Manager deems inappropriate or offensive, Caltrans Contract Manager shall have the right to request that employee be removed from doing further work on this Agreement by Contractor.

Exhibit A

Highway Equipment Rental–State

12. Discovery of Asbestos, Lead-based Paint, or Other Hazardous Substances/Material

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. Contractor is not responsible for any work related to clean up or disposal of these substances.

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 completed to Caltrans Contract Manager satisfaction. No payment shall 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.

13. Damages to State Property If any Caltrans property is damaged because 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. Repair efforts shall be performed in a way ensures ·all warranties are maintained for any products that are damaged. Repair efforts shall include the full costs for all required labor and materials. If the repair must be completed by an outside entity, Caltrans Contract Manager shall approve of who shall be hired to complete the work.

14. Final Clean Up A. Contractor shall leave the work site in a neat and clean condition. Contractor shall clean and keep the area in an orderly, safe, and clean condition including, but not limited to, spills and smudges. If work site is not left in a clean and orderly condition, Contractor shall be called back to correct the condition at no extra charge to Caltrans.

B. Contractor shall. own and assume all responsibility for litter, waste, debris, and similar materials arising from or produced by the work performed under this Agreement. Contractor shall haul away and legally discard any materials or debris caused by its work actions from the job site.

C. Contractor's bid shall include the cost to dispose of or recycle the discarded materials and Contractor shall be responsible for such disposal and recycling costs.

15. Inspection and Acceptance for Payment It is the responsibility of Contractor to notify Caltrans Contract Manager that the work is complete and ready for inspection. Work is subject to inspection and acceptance by Caltrans Contract Manager. Caltrans Contract Manager shall have the ultimate responsibility and authority to determine whether Contractor's satisfied Contractor's duties and obligations under the Agreement, including specifically whether Contractor delivered all work product and deliverables and whether Contractor's work product and deliverables satisfied all the applicable

Exhibit A

Highway Equipment Rental–State contract requirements (including acceptance criteria or tests). 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 corrections shall be at Contractor's sole cost and expense in a timely manner. Regardless of any prior inspections and acceptances of work during the term of this Agreement, all work is subject to final inspection and approval by Caltrans Contract Manager. Failure to complete work, as required by this Agreement, shall be considered grounds for termination of this Agreement for default, per Exhibit D, Termination.

16. 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

Highway Equipment Rental–State Budget Detail and Payment Provisions

1. Invoicing and Payment

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

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

B. Invoices shall be itemized in accordance with 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 10A2806

2) Date(s) of Service

3) Location of Service

4) Service Request Number

5) Description of Service

6) Pic Up Point and Destination

7) Truck Type/Number

8) Time (Arrival at Caltrans Site and Unloaded at Disposal Site)

9) Number of Hours and Applicable Rates

D. Each Invoice shall be submitted in triplicate to:

California Department of Transportation (Caltrans) District 10/Maintenance Attention: TBD

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.

F. Invoices shall be submitted showing Caltrans WBS element for each billable hour increment. When Service Requests are negotiated, the appropriate WBS level will be identified by the Contract Manager.

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 by United States Government or California State Legislature for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, Exhibit B

Highway Equipment Rental–State 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 and all agreements must comply with Public Contract Code Sections 10262 and 10262.5.

B. Pursuant to Public Contract Code Section 10262, Contractor shall pay its Subcontractor(s) within seven (7) calendar days from receipt of each payment made to Contractor by Caltrans.

C. Failure of Contractor adhering to Public Contract Code Section 10262 may result in termination of this Agreement per Public Contract Code Section 10253 and disciplinary action by Contractors State License Board may be implemented

D. 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…