IFPQ_Public_Works_Model.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/

04/26/24

Invitation for Price Quote (IFPQ)

IFPQ # 10A2635

Notice to Prospective Contractors

You are invited to review and respond to this Small Business (SB) Invitation for Price Quote (IFPQ), IFPQ 10A2635 entitled Concrete Crossover Paths Repairs and Installation in San Joaquin County. 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, that has an estimated value of greater than $5,000.00, but not more than $461,000.00, to a certified SB, including a micro business (MB), SB for the purpose of public works (SB-PW), or a disabled veteran business enterprise (DVBE). A bid over $388,000.00 will result in rejection of your bid due to non-responsiveness.”

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

This contract requires Prevailing Wages if the total bid amount exceeds $15,000. If the total bid amount is under $15,000, then Prevailing Wage language will be removed prior to award. Refer to Attachment 9, Proposed Form of Agreement, for requirement details.

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

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

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

Sincerely, Shawn Fitzpatrick Contract Analyst *Technical questions regarding this solicitation will be addressed, in writing and at an optional Site Inspection to be held on 05/07/24 at 1976 E. Dr. Martin Luther King Jr. Blvd., Stockton, CA 95205. See Section C1, Time Schedule, for more details.

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

Invitation for Price Quote IFPQ Number 10A2635

Table of Contents A) Purpose and Description of Services C) Price Quotation Requirements and Information

1. Time Schedule

2. Optional Pre-Bid Site Inspection

3. Reasonable Accommodation

4. Questions and Answers

5. ADM-1412 – Bid Proposal

6. Costs Included in Bid Rate

7. Employment of Undocumented Workers

8. State Prevailing Wages

9. Mandatory Organic Waste Recycling

10. Motor Carrier Permit Requirements

11. Contractor Registration Program

12. Contractor’s License

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

14. Non-Collusion Declaration for Public Works

15. Bonds

16. Insurance

17. California Civil Rights Laws

18. Darfur Contracting Act

19. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Disclosure

20. Price Quote Submittal

21. Evaluation and Selection

22. Standard Conditions of Service

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

Attachments

1. Price Quote Proposal (ADM-1412)

2. Bid/Bidder Certification Sheet

3. STD 1000 - Generative Artificial Intelligence (GenAI) Disclosure

4. Required Attachment Checklist

5. Proposed Form of Agreement (STD 213)

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

A) Purpose and Description of Services

1. All labor, tools, equipment, parts, materials, supplies, permits, travel, and incidentals necessary to excavate, remove trip hazards, reconstruct and create sections of crossover paths, new pads, truncated domes, and walkways consisting of sidewalks, curbs, gutters, with concrete, around Caltrans District 10 office facility.

2. The services shall be performed at 1976 E. Dr. Martin Luther King Jr. Blvd., Stockton, CA 95205.

3. Refer to the Proposed Form of Agreement, Exhibit A, which is attached to this IFPQ as

Attachment 9 for a more complete description of services.

B) Minimum Qualifications

1. Bidder shall possess at the time of bid submittal and for the duration of the Agreement, a valid and current C-8 (Concrete Contractor) license issued by the California Contractors State Licensing Board (CSLB).

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

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

C) Price Quotation Requirements and Information

1. Time Schedule

It is recognized that time is of the essence. All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

Event Date Time (Pacific Time)

IFPQ available to prospective bidders 04/26/24 Optional Site Inspection 05/07/24 10:00 a.m.

Written Question Submittal 05/08/24 5:00 p.m.

Final Date for Quote Submission 05/14/24 5:00 p.m.

Proposed Award Date (estimate) 05/23/24

2. Optional Pre-Bid Site Inspection A. An Optional Site Inspection is scheduled at 10:00 a.m., Tuesday 05/07/24, at 1976 E. Dr.

Martin Luther King Jr. Blvd., Stockton, CA 95205 for the purpose of discussing concerns regarding this IFPQ.

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

(1) company.

C. All prospective Contractors are to be assembled in the front lobby of the Caltrans, 1976 E. Dr.

Martin Luther King Jr. Blvd., Stockton, CA 95205 building, at 10:00 a.m. Bidders must sign in (on the sheet provided) upon arrival and sign out upon completion of the walk-through activities

3. Reasonable Accommodation

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

4. Questions and Answers A. Questions regarding this IFPQ must be submitted in writing. Bidders are encouraged to submit their written questions by 05/08/24.

B. Written questions must include the individual's name, firm name, complete address, and must reference IFPQ No. 10A2635. Questions must be sent to the following email:

Email: shawn.fitzpatrick@dot.ca.gov

C. Written responses to all questions will be collectively compiled and posted as an Addendum to the Cal eProcure website (https://caleprocure.com/pages/index.aspx). It is the responsibility of the Bidder to access the website for any changes or addenda that may be posted. Refer to Section C1, Time Schedule, for the schedule of events and dates/times. It is the responsibility of the bidder to check Cal eProcure for all addenda. Bidder can contact the Contract Analyst named above.

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

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

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

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

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

9. Mandatory Organic Waste Recycling

Contractor generating organic waste or commercial solid waste shall comply with SB 1383; also Contractor will arrange for recycling services required by this section in a manner that is consistent with State and local laws and requirements, including a local ordinance or local jurisdiction’s franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste. This requirement does not modify, limit, or abrogate the Contractor’s right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Section 42649.8 et seq. When applicable, Contractor must comply with these provisions.

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

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

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

11. Contractor Registration Program A. No Contractor or Subcontractor may be listed on a bid proposal for a contract with prevailing wages unless registered with the DIR, pursuant to Labor Code Section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)).

B. No Contractor or Subcontractor may be awarded a contract with prevailing wages unless registered with DIR pursuant to Labor Code Section 1725.5.

C. Caltrans will verify each of the registration numbers provided by the bidder prior to Agreement award. Bidders that do not possess the required DIR registration will be deemed non-responsive and rejected from further consideration in the solicitation process.

12. Contractor’s License Bidder must have, at time of bid submittal and for the duration of the contract, a valid, current C-8 (Concrete Contractor) license issued by the CSLB, for the type of work to be performed. Bidder shall obtain, pay for, and maintain, in good standing, all necessary licenses and permits to accomplish the work. Bidders will be considered non-responsive unless proper licensing requirements are met. An invalid license will result in rejection of the bid. Positive verification of a valid license issued by the CSLB will be performed by Caltrans (Bus. and Prof. Code Section 7028.15).

13. Standard Title VI/Nondiscrimination Assurances (DOT Order No. 1050.2A) Caltrans, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Statute 252, 42 USC Sections 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any Agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

14. Non-Collusion Declaration for Public Works

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

15. Bonds Payment Bond Requirement: The successful bidder will be required to provide, prior to commencement of work under a Service Request price, a Payment Bond for one hundred percent (100%) of the total Service Request, if the Service Request price exceeds $25,000. The Payment Bond is not required at the time of bid submittal; however, it is required, as applicable, prior to the start date of the Service Request. Refer to Proposed Form of Agreement, Exhibit D.

16. Insurance A. The bidder, who receives the Agreement award, must provide a Certificate of Insurance providing proof of insurance to the Division of Procurement and Contracts within 10 working days from the date of notification of award. The State’s Office of Risk and Insurance Management will review insurance certificates and/or proof of self-insurance documentation before execution of the Agreement. Refer to the Proposed Form of Agreement, Exhibit E, (Attachment 9), for the applicable and specific Insurance requirements and coverage limits.

B. The insurance carrier shall provide an endorsement for the additional insured statement as follows:

Caltrans, State of California, its officers, agents, and employees shall be included as additional insured, but only with respect to work performed for the State of California under this Agreement.

C. The additional insured endorsement must accompany the certificate of insurance.

D. Satisfying A Self-Insured Retention (SIR)

All insurance required by this Agreement must allow, but not require, the State to pay any SIR and/or act as Contractor’s agent in satisfying any SIR. The choice to pay any SIR and/or act as Contractor’s agent in satisfying any SIR is at the State’s discretion. If the State chooses to pay any SIR and/or act as Contractor’s agent in satisfying any SIR, Contractor shall reimburse the State for the same.

E. Available Coverages/Limits In the event the insurance coverages obtained by Contractor is broader in scope than, and/or the limits are higher than, those required under the Agreement, all such broader coverage and/or higher limits available to Contractor shall also be available and applicable to the State.

17. California Civil Rights Laws Any person that submits a winning bid or proposal to, or otherwise proposes to enter into or renew an Agreement with, a State agency with respect to any Agreement in the amount of $100,000 or more shall certify, under penalty of perjury, at the time of Agreement award, that they satisfy all of the conditions set forth in Public Contract Code Section 2010 and they shall execute the California Civil Rights Laws Certification (ADM-0076) completed, signed, and returned with its signed Agreement.

18. Darfur Contracting Act A. The Darfur Contracting Act, Public Contract Code Sections 10475-10481, applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code Section 10475. The winning bidder shall complete the Darfur Contracting Act Certification (ADM-0077) as part of the Agreement award process.

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

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

D. Therefore, Public Contract Code Section 10478(a) requires a company that currently has (or within the previous three (3) years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company, during the Agreement award process with a State agency.

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

19. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Disclosure 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. Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

C. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror.

D. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

E. Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, 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.

20. Price Quote Submittal A. The price quote must 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 must be clearly marked with the IFPQ number and title must be marked with “PRICE QUOTATION SUBMITTAL”, as shown in the following example:

IFPQ Number: 10A2635

PRICE QUOTATION SUBMITTAL–DO NOT OPEN

C. All quotes shall include the documents identified in the IFPQ; see Attachment 3, Required Documents. Quotes not including the proper “required attachments” shall 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.

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

E. Email to: shawn.fitzpatrick@dot.ca.gov F. Pursuant to Government Code Section 14838.7, Caltrans must receive at least two (2) price quotes from a certified SB/MB or DVBE 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 quote must include the performance of all the services described herein. Any attempt to modify the Price Quotation document to deviate from the work specifications will not be considered and will cause a price quotation 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 quotations and in anticipation of award of the Agreement are entirely the responsibility of the bidder and shall not be charged to Caltrans.

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

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

K. A bidder may withdraw a price quote by, prior to price quote submission deadline, submitting a written withdrawal request to Caltrans, at shawn.fitzpatrick.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 price quote submittal deadline.

L. Only an individual who is authorized to bind the bidding firm contractually shall sign the attached Bid/Bidder Certification Sheet. The signature must also indicate the title or position that the individual holds in the firm. An unsigned price quote may be cause for bid rejection.

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

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

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

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

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

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

21. Evaluation and Selection

A. When the quotes are opened, each price quote will be checked for the presence or absence of required information in conformance with the submission requirements of this IFPQ.

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

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

D. The Agreement, if awarded, shall be awarded to the responsible bidder who submits the lowest price quote and meets all the specifications. A price quote meets the specifications if it complies with all the requirements in this solicitation. In the event of a tie quote, Caltrans will draw lots to determine the successful bidder. Only one (1) price quote may be submitted by an entity:

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

22. 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.

23. 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.

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 10A2635

PRICE QUOTE PROPOSAL

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

Contractor’s Name (Please Print):

Item Number

Estimated Quantity

Unit of Measure Item

Unit Price (Price Per Unit of

Measure)

Total

1 1 Lump Sum

All labor, tools, equipment, parts, materials, supplies, parts, permits, travel, incidentals, and necessary equipment to excavate, remove trip hazards, reconstruct, and create sections of 17 crossover paths, new pads, truncated domes, and walkways consisting of sidewalks, curbs, and gutters Per the Scope of Work, Exhibit A.

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

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

Attachment 2

Bid/Bidder Certification Sheet

Only an individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet. The signature must indicate the title or position that the individual holds in the firm.

This Bid/Bidder Certification Sheet must be signed and returned along with all "required attachments" as an entire package. The bid must be transmitted in a sealed envelope in accordance with IFPQ instructions.

A. Our all-inclusive proposal is submitted in a sealed envelope marked “Price Quote Proposal–Do Not

Open”.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this proposal document. The signature below authorizes the verification of this certification.

D. The signature and date affixed hereon certifies that this proposal is a firm offer for a 90-day period.

An Unsigned Bid/Bidder Certification Sheet May Be Cause for Bid Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

2b. Email Address

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

Indicate the Department of Industrial Relations information:

9. Contractor Registration Number Indicate applicable license and/or certification information:

10. Contractors State License Board

Number

11. PUC License Number

CAL-T-

12. Required

Licenses/Certifications

13.Proposer’s Name (Print) 14. Title

15. Signature 16. Date

17. Are you certified with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) as:

a. Small Business Enterprise Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

Note: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending: _________________

Attachment 2

Bid/Bidder Certification Sheet

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers Instructions

1, 2, 2a, 2b, 3 Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your Federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State. This information is used to verify if a corporation is in good standing and qualified to conduct business in California.

Enter your Contractor Registration Number assigned by the Department of Industrial Relations (DIR). This Information will be used to determine if you are registered with DIR.

Complete if your firm holds a California contractor’s license. This information will be used to verify possession of a contractor’s license for public works agreements.

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

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

13, 14, 15, 16 Must be completed. These items are self-explanatory.

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

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

Attachment 3

Attachment 4

Required Documents

The following documents must be submitted, or your bid may be considered non-responsive.

Do not submit this checklist, the Proposed Form of Agreement, company advertisements, brochures, informational pamphlets, or any other document unless specifically noted in the IFPQ Requirements and/or as listed below.

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

☐ Bid/Bidder Certification

☐ STD 1000 Form - Generative Artificial Intelligence (GenAI) Disclosure

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

they are NOT required at time of bid submittal:

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

☐ Non-Collusion Declaration Non-Collusion Declaration

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

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

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

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

Attachment 4

Proposed Form of Agreement

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

2. The term of this Agreement is:

Contractor’s Name TBD Agreement Number 10A2635

Exhibit A

Public Works (State)

Scope of Work

1. Contractor agrees to provide to the California Department of Transportation (Caltrans) all labor, tools, equipment, parts, materials, supplies, permits, travel, and incidentals necessary to excavate, remove trip hazards, reconstruct, and create sections of 17 crossover paths, new pads, truncated domes, and walkways consisting of concrete sidewalks, curbs, and gutters, as described herein.

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

3. The services shall be performed around the Caltrans District 10 office facility, located at 1976 E. Dr. Martin Luther King Jr. Blvd., Stockton, CA 95205, in San Joaquin County.

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

5. This Agreement will commence on June 15, 2024 (estimate), or upon approval by Caltrans, whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by Caltrans. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by Caltrans Contract Manager. This Agreement will expire on June 14, 2025 (estimate). The services shall be provided during normal business hours Monday through Friday 8:00 a.m. to 5:00 p.m., excluding State holidays. The parties may amend this Agreement as permitted by law.

6. This Agreement cites specific portions of the most current version of the Caltrans 2023 Standard Specifications and the revised 2023 Standard Specifications (herein collectively referred to as the “Standard Specifications”). The Standard Specifications can be accessed via the Internet at: https://dot.ca.gov/programs/design/july-2023-ccs-standard-plans-and-standard-specifications. Only the sections of the Standard Specifications cited in this Agreement are requirements and are hereby incorporated by this reference as if attached to this Agreement. All other portions of the Standards Specification are not applicable to this Agreement.

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

California Department of Transportation (Caltrans):

Contractor: TBD

Section/Unit: District 10 / Administration Section/Unit:

Caltrans Contract Manager: TBD Project Manager:

Address:

1976 E. Dr. Martin Luther King Jr. Blvd.

Stockton, CA 95205

Address (Street Address, City, State, Zip Code):

Business Phone Number:

Business Phone Number:

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

https://dot.ca.gov/programs/design/july-2023-ccs-standard-plans-and-standard-specifications https://dot.ca.gov/programs/design/july-2023-ccs-standard-plans-and-standard-specifications

8. Pre-Work Planning Meeting and Timeline A. Contractors shall begin work within five (5) business days of receiving a written approval notification or Notice to Proceed (NTP) by Caltrans Contract Manager. Failure to begin work within five (5) business days, or to execute the work within the time frame agreed upon, shall be considered grounds for termination of this Agreement in accordance with Exhibit D Termination.

B. After receiving the NTP from Caltrans Contract Manager, Contractor shall contact Caltrans Contract Manager to schedule a mutually agreed upon date for the Pre-Work Meeting and walk through to discuss the process steps and schedule of work performance.

C. The Pre-Work Meeting shall be held within five (5) days of the NTP.

D. Caltrans Contract Manager will discuss and pre-approve the schedule and dates for work to be completed within the time frame provided in this Agreement. All work scheduling shall be coordinated with Caltrans Contract Manager.

9. Detailed Description of Work A. Contractor shall be responsible for assuring all underground utilities are properly marked and located prior to demolition of existing concrete or asphalt. During demolition of existing concrete or asphalt, Contractor shall avoid damage to slabs/curbs, vegetation, structures etc. that are to remain in place. Any damage caused by the Contractor to existing slabs/curbs, vegetation, structures etc. during demolition process, shall be repaired and/or replaced (at the Caltrans Contract Manager’s discretion) at no additional cost to Caltrans.

B. Contractor shall provide all labor, tools, equipment, parts, materials, supplies, permits, travel, and incidentals necessary to perform the following:

1) Location: Building 1, South Parking Lot, Cross Over Paths (See Attachment A, Images 1 through 4). Contractor shall remove, legally dispose of, and replace seventeen (17) existing crossover paths of various sizes made of asphalt. Crossover paths range in size from 10 feet by seven (7) feet (10’x7’), four (4) feet by seven (7) feet (4’x7’), and three (3) feet by seven (7) feet (3’x7’). Contractor shall remove the existing asphalt crossover paths, level the ground to meet grading requirements in accordance with 2023- Standard Specifications 24-2.03F Finish Grading, and replace with new concrete crossovers, a minimum of four inches (4”) deep to ensure code compliance. Contractor shall verify measurements. The size and quantities of crossover paths are as follows:

Crossover Size Total Crossover Pathways

10’x 7’ 15

4’x7’ Two (2)

3’x7’ One (1)

2) Location: Building 1, East Side of building 1 (See Attachment A, Image 7).

Contractor shall excavate, level, to meet grading requirements in accordance with

2023 Standard Specifications 24-2.03F Finish Grading, and legally dispose of approximately 1,078 square feet of existing grass/dirt and replace with a four inch (4”) deep concrete pad, with wire mesh reinforcement in accordance with 2023- Standard Specifications 52-1.02D Reinforcing Wire, measuring approximately 49’x22’. Contractor shall verify measurements.

3) Location: Building 2 North Side of building (See Attachment A, Image 8). Contractor shall demolish, and legally dispose of a 34’x4’ section of concrete sidewalk, and affiliated curb, and gutter. Contractor shall level to meet grading requirements in accordance with 2023- Standard Specifications 24-2.03F Finish Grading, and replace sidewalk, curb, and gutter with new cement with wire mesh reinforcement for the slabs, a minimum of four inches (4”) deep. Contractor shall ensure curb, gutter, and sidewalks tie into existing curb and sidewalk system and match existing grade, to meet grading requirements in accordance with 2023- Standard Specifications 24-2.03F Finish Grading, for all accessible paths. Contractor shall verify measurements.

4) Location: Building 3, North Side of building (See Attachment A, Images 5 and 6).

Contractor shall demolish/excavate, level to meet grading requirements per 2023- Standard Specifications 24-2.03F Finish Grading and legally dispose of sections of asphalt pad (approximately 40’x13’), grass (approximately 16’x24’) and dirt (approximately 5’x9’). Contractor shall replace with new concrete pad with wire mesh reinforcement, of approximately 949 square feet and four inches (4”) deep.

Contractor shall verify measurements.

5) Location: Building 5, East Side of building. Contractor shall remove, legally dispose of cement curbs and level and fill to meet grading requirements in accordance with 2023-Standard Specifications 24-2.03F Finish Grading to match the walkway grade. After the removal of the curbs, some areas of walkway may require patching (filling in). The current curbs consist of one (1) eight foot by two feet (8’x2’) section and three (3) one-foot by one-foot (1’x1’) sections.

6) Location: Building 9, East Side of Building. Contractor shall excavate, level and fill to meet grading requirements in accordance with 2023-Standard Specifications 24- 2.03F Finish Grading, and legally dispose of 91 square feet of existing grass/dirt, and replace with a four inch (4”) deep concrete pad measuring approximately 26’ X 3.5’. Contractor to verify measurements.

7) Contractor shall furnish and install new truncated domes in the following four (4) locations: South of Building 1, North of Building 2, North of Building 3, and South of Building 5, (See Attachment A, Images 9 and 10) The truncated dome spaces are approximately 58” x 43”, 71” x 61”, 72” x 55”, and 56” x 36”. Contractor shall verify measurements and locations prior to installation. Caltrans Contract Manager will approve the truncated domes prior to installation.

10. Site Conditions A. Contractor shall visit the job site and become familiar with the existing conditions.

Contractor shall be responsible for knowledge of the site conditions.

B. Information on any applicable drawings provided is approximate only. Minor deviations found necessary during the progress of construction to conform to actual locations shall be made by Contractor at no additional cost to Caltrans.

C. Should any error, discrepancies, or doubt arise as to the intent and purpose of this Agreement, Contractor shall immediately contact Caltrans Contract Manager for further instructions before proceeding.

11. Additional Contractor Requirements A. Contractor shall inform Caltrans Contract Manager of any code changes related to the service. Contractor shall only do the specific work that is authorized by Caltrans Contract Manager.

B. Contractor is expected to be able to work in a professional, competent manner without direct supervision by Caltrans Contract Manager.

C. If Contractor fails to begin work in the time required, this shall be considered default and be grounds for termination of this Agreement pursuant to Exhibit D, Item 2, Termination.

D. It is understood and agreed that any and all work assigned pursuant to this Agreement is to be performed in accordance with the requirements of this Agreement.

12. Code of Conduct A. Contractor and its employees shall be aware they are working on Caltrans property and be courteous and respectful at all times.

B. Contractor and its employees shall refrain from using loud voices, inappropriate language and shall conduct themselves in a professional manner at all times.

C. Caltrans guidelines and policies - 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)…