IFPQ_Solicitation_07A6477_Final.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/

September 4, 2026

Invitation For Price Quote (IFPQ)

IFPQ # 07A6477

Notice to Prospective Contractors

You are invited to review and respond to this Small Business (SB) Invitation for Price Quote (IFPQ), IFPQ 07A6477 titled Small Engine Repair in Los Angeles County. In submitting your quote, you must comply with the instructions found herein.

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

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

Tim Murphy California Department of Transportation (Caltrans) Email Address: timothy.murphy@dot.ca.gov Phone: (279) 234-2662

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, Tim Murphy Contract Analyst https://dot.ca.gov/programs/procurement-and-contracts/ mailto:timothy.murphy@dot.ca.gov

Invitation for Price Quote IFPQ Number 07A6477

Purpose and Description of Services

1. Contractor shall furnish all labor, materials, parts, supplies, tools, and equipment necessary to provide as-needed repairs, services and maintenance to state-owned small engine equipped tools, power equipment, and various electric tools for the California Department of Transportation (Caltrans).

2. Refer to the Proposed Form of Agreement, Exhibit A, which is attached to this IFPQ, for a more complete description of services.

Bidder’s Minimum Qualifications

1. Bidder’s place of business shall be within a 30-mile radius of the Region Office located at

7300 East Bandini Boulevard Commerce, CA 90040. Caltrans will verify that bidders meet this requirement by utilizing Google Maps (https://www.google.com/maps). Bidder’s address listed on Attachment 2, Bid/Bidder Certification Sheet, will be used to verify if bidder meets this requirement.

2. Bidder shall be an individual or firm qualified to do business in California.

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.

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 09/04/2026

Written Question Submittal 09/11/2026 Final Date for Quote Submission 09/22/2026 Proposed Award Date (estimate) 09/29/2026

2. Questions and Answers A. Questions regarding this IFPQ must be submitted in writing. Bidders are encouraged to submit their written questions by September 11, 2026.

B. Written questions must include the individual's name, firm name, complete address, and must reference IFPQ No. 07A6477. Questions must be sent to the following email:

Email: timothy.murphy@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 IFPQ’s schedule of events and dates/times. Bidder can contact the Contract Analyst named above.

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

C) https://caleprocure.com/pages/index,aspx

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

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

6. 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.

7. Insurance A. The bidder who receives the Agreement award will be requested to provide a Certificate of

Insurance providing proof of insurance to the Division of Procurement and Contracts within 10 business 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.

8. 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 Darfur Contracting Act Certification form.

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

Cont. Code Section 10477(a)).

D. Therefore, PCC 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).

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

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

IFPQ Number: 07A6477

PRICE QUOTATION SUBMITTAL

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: timothy.murphy@dot.ca.gov F. Pursuant to Government Code Section 14838.5, Caltrans must receive at least two (2) price quotes from certified SB/MBs or at least two (2) price quotes from DVBEs before it can make an agreement award. Therefore, at Caltrans’ discretion, if only one price quote is received, the timeframe for receipt of price quotes may be extended in order to receive the minimum number of quotes required by the Government Code. All prospective bidders will be notified via email of any extensions.

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

H. A price quote may be rejected if it is conditional, incomplete, or if it contains any alterations of form or other irregularities of any kind. Caltrans may reject any price quote on the basis that it is not responsive or from a responsible bidder and may waive any immaterial deviation in a quote. Caltrans' waiver of an immaterial defect shall in no way modify the IFPQ document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

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

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

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

K. A bidder may withdraw a price quote by, prior to price quote submission deadline, submitting a written withdrawal request to Caltrans, at timothy.murphy@dot.ca.gov, signed by the bidder or an agent authorized to contractually bind the bidding firm. 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. A quote with an unsigned Bid/Bidder Certification Sheet may be cause for bid rejection.

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

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

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

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

Q. Caltrans does not accept alternate contract language from a bidder. A price quote with such language will be considered a counterproposal and will be rejected. The State’s General Terms and Conditions (GTC 02/2025) and Contractor Certification Clauses (CCC 04/2017) are not negotiable. The GTC 02/2025 and CCC 04/2017 may be viewed at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language.

10. 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:timothy.murphy@dot.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

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

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

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

11. Standard Conditions of Service A. Service shall not begin before the start date set forth in the Agreement; after all approvals have been obtained, and the Agreement is executed. Should Contractor fail to commence work at the agreed upon time, Caltrans, upon five (5) days written notice to contractor, reserves the right to terminate the Agreement. In addition, Contractor shall be liable to Caltrans for the difference between Contractor's price quote and the actual cost of performing work by the second lowest bidder or by another contractor.

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

C. Antitrust Provisions

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

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

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

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

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

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

12. Executive Order N-6-22 – Russian Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law unless the contract has been Federalized (i.e.

there is federal participation in any phase). By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

13. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Technology Use and Reporting A. The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

B. Bidder / Offeror must notify the State in writing if it:

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

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

a) Functionality of a State system,

b) Risk to the State, or

c) Contract performance.

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

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

D. Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

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

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

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 07A6477 PRICE QUOTE PROPOSAL Attachment 1 Page 1 of 1

ADM-1412 (REV. 9/2025)

Contractor’s Name (Please Print):

Item Number

Estimated Quantity

Unit Of Measure Item

Unit Price (Price Per

Unit of Measure)

Total (Estimated Quantity X Unit Price)

1 400 Per Hour

All labor, service, tools, and equipment necessary for small engine repairs. This includes diagnosis, troubleshooting, and repairing all types of equipment outlined per STD 213, Exhibit A, Scope of Work

2 50 Per Hour Preventative Maintenance work for Airless Sprayer consisting of labor, spark plug, fuel filter, air filter, oil, shop supplies per STD 213, Exhibit A, Scope of Work

3 50 Per Hour Preventative Maintenance work for Portable Generators consisting of labor, spark plug, fuel filter, air filter, oil, shop supplies per STD 213, Exhibit A, Scope of Work

4 50 Per Hour Preventative Maintenance work for Transfer Pump consisting of labor, spark plug, fuel filter, air filter, oil, shop supplies per STD 213, Exhibit A, Scope of Work

5 50 Per Hour Preventative Maintenance work for Grinders consisting of labor, spark plug, fuel filter, air filter, oil, shop supplies per STD 213, Exhibit A, Scope of Work

6 50 Per Hour Preventative Maintenance work for Air Powered Jackhammer consisting of labor, spark plug, fuel filter, air filter, oil, shop supplies per STD 213, Exhibit A, Scope of Work

Subtotal: $

Maximum allowable expenditure for all parts, materials, supplies, fees, and permits per Exhibit A, Item 10.

Actual cost will be reimbursed based on submitted original receipts. This Amount Shall be 10 percent (10%) of the Actual Subtotal Amount (0.10 x Subtotal). Enter 10% in Total column.

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

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

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

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

Total This Proposal $

Attachment 2

Required Documents The following documents should be submitted, or your bid may be considered non-responsive.

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

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

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

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

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/servlet/FormRenderer?frmid=DOTADM1416 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

2. The term of this Agreement is:

Contractor’s Name TBD Agreement Number 07A6477

Exhibit A

Commercial Services–State

Scope of Work

1. Contractor agrees to provide small engine repair services for the California Department of

Transportation (Caltrans), as described herein:

Contractor shall furnish all labor, materials, parts, supplies, tools, and equipment necessary to provide as-needed repairs, services and maintenance to state-owned small engine equipped tools, power equipment, and various electric tools for the California Department of Transportation (Caltrans).

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 requested and be performed at Contractor’s place of business within a 30-mile radius of the Region Office located at 7300 East Bandini Boulevard Commerce, CA 90040.

4. Any reference to Caltrans Contract Manager will also include their designee.

5. This Agreement will commence on October 1, 2026 (estimate), or upon approval by Caltrans, whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by Caltrans. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by Caltrans Contract Manager. This Agreement will expire on September 30, 2029 (estimate). The services shall be provided during normal working hours, 7:30 a.m. to 2:00 p.m., Monday through Friday, except State holidays. The parties may amend this Agreement as permitted by law.

6. All inquiries during the term of this Agreement will be directed to the project representatives listed below. Contractor shall provide advance written notice and receive advance written approval by Caltrans Contract Manager, without the necessity of an amendment, before changing the Project Manager noted below.

California Department of Transportation (Caltrans)

Contractor Name: TBD

Section/Unit: District 07/Maintenance Caltrans Contract Manager: TBD Project Manager:

Address: 7300 East Bandini Boulevard

Commerce CA 90040 Address:

Business Phone Number: Business Phone Number:

Email: Email:

7. Description of Work:

A. Contractor shall provide all labor, parts, materials, supplies, and equipment necessary to repair serviceable small air-cooled engines and power tools (“Equipment”), including but not limited to, chain saws, cut-off saws, augers, hedgers, edgers, blowers, pole pruners, lawn mowers, airless sprayers, cement-mixers, de-watering pumps, paint handlers, generators, trenchers, power cutters, stump grinders, weed eaters/trimmers and other small electric equipment and tools that are substantially equivalent to equipment described above.

B. Contractor will perform preventative maintenance on the following equipment: Airless Sprayers, Portable Generators, Transfer Pumps, Grinders, and Air Powered

Jackhammers. Preventative maintenance is work separate from repair, and consists of applicable inspecting, tuning, adjusting, testing, and sharpening equipment according to manufacturer’s specifications.

C. Caltrans will deliver the equipment to be repaired to, and pick-up same equipment from, Contractor’s place of business between the hours of 7:30 a.m. to 2:00 p.m., Monday through Friday, except State holidays.

8. Assignment of Work A. Caltrans Contract Manager will request work by issuance of a Service Request (Attachment 2) to Contractor via email, or in person at time of equipment drop-off.

B. The total aggregate Service Request cost totals shall not exceed the maximum dollar amount of the executed Agreement.

C. Any Service Request timeframe shall under no circumstances exceed 30 days.

D. The total duration of any Service Request may not extend beyond the expiration date of this

Agreement.

E. The instructions contained in any Service Request may not modify, or contain work beyond, this

Agreement in any way.

F. Caltrans will pay only for work requested by Caltrans Contract Manager.

G. Provided the subject matter and scope of the Service Request is not changed, the Service Request may be amended by mutual written agreement of the Caltrans Contract Manager and the Contractor. If additional or different work is required to accurately describe the intent of the original Service Request, only work covered by the original Service Request may be performed until the Service Request is amended.

H. Service Requests will contain the following:

1) Agreement Number 07A6477

2) Service Request Number

3) Date Service Request sent to Contractor

4) Location Address where service is needed

5) Projected Start/End Date for the Work

6) Date and time Contractor is required to report to work site to conduct initial inspection.

7) Identification of work as Repair or Preventative Maintenance services

8) Estimated Total Cost

9) Caltrans Contract Manager Name and approving signature

I. In lieu of Service Requests, at Caltrans Contract Manager’s discretion, Contractor shall provide delivery tags for each piece of equipment brought in for service. Delivery tags shall show the type of equipment, equipment model and/or serial number, date of delivery, and the name of the person requesting service.

9. Contractor’s Responsibilities A. Any delays or additional work must be reported to Caltrans Contract Manager as soon as the delay becomes likely to occur and at least two (2) days prior to the original pick-up date.

B. For additional repairs, other than originally requested by Caltrans Contract Manager, Contractor shall notify Caltrans Contract Manager by email and wait to receive written approval to proceed with the requested additional repair work.

C. Contractor shall have sufficient stock of parts on hand to make agreed upon repairs within 30 days of delivery of the equipment by Caltrans. Contractor shall immediately notify Caltrans Contract Manager if specific parts required are not in stock, and Contractor shall provide the time frame needed to obtain necessary parts from the manufacturer or their respective resellers.

If, in the opinion of Caltrans Contract Manager, parts are not in stock on a recurring basis (i.e., three (3) or more times during the contract term), or the out-of-stock parts are taking too long to procure on a recurring basis (i.e., three (3) or more times during the contract term), Caltrans may terminate the Agreement according to Exhibit D, Termination.

D. Should estimate cost of repair exceed the cost of purchasing a new piece of equipment, Contractor shall notify Caltrans Contract Manager to determine whether or not to proceed with repair.

E. Any parts that need replacement shall be replaced with new parts, and not used or refurbished parts.

F. All manufacturer’s parts and Contractor’s workmanship shall be guaranteed for 30 days from the date the equipment is picked up by Caltrans personnel. If the parts fail within the 30-day period of time, the parts shall be replaced by Contractor at no additional cost (parts, services, or others) to Caltrans.

G. Repair work is subject to inspection by Caltrans Contract Manager. If the work fails the inspection, any work that needs to be corrected shall be at Contractor's sole expense with no additional cost (parts, services, or others) to Caltrans.

H. Contractor hereby unconditionally guarantees that all work shall be done in accordance with the requirements of this Agreement, and further guarantees that all work for this Agreement to be and remain free of defects in workmanship and materials for a period of 30 days from the date of acceptance of the work by Caltrans Contract Manager.

Contractor hereby shall repair or replace any and all work, together with any other adjacent work which may be displaced in so doing, that may prove to be not in accordance with the requirements of this Agreement or that may be defective in its workmanship or material within the guarantee period specified, ordinary wear and tear and unusual abuse or neglect excepted, without any expense whatsoever to Caltrans.

I. Contractor shall, within 10 calendar days after being notified in writing by Caltrans of any work not in accordance with the requirements of this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the guarantee and shall complete the work within a reasonable period of time. In the event Contractor fails to comply, Contractor does hereby authorize Caltrans to proceed to have such work done at Contractor’s sole expense and shall honor and pay the cost and charges therefore upon demand. Caltrans will be entitled to all costs and expenses, including reasonable attorney’s fees, necessarily incurred upon Contractor’s refusal to honor and pay the above costs and charges. Caltrans may deduct costs from monies owed to Contractor.

J. Contractor’s rate bid shall constitute full compensation for all of Contractor’s direct and indirect costs associated with furnishing all of the services, including labor, consumables, supplies, equipment, recycling/disposal and all fees necessary to complete the work. No additional compensation will be paid for specialized equipment and/or fees or costs incurred.

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

L. All permits and licenses, registrations, and certificates required by local ordinances will be obtained and paid for by Contractor.

10. Parts/Materials/Supplies/Fees/Permits A. Contractor shall notify Caltrans Contract Manager in writing of any parts/materials/ supplies/fees/permits not specifically identified in Price Quote Proposal, Attachment 1 that are necessary to complete the work. Written approval from the Caltrans Contract Manager must be obtained prior to the purchase or installation of such items for the costs to be eligible for reimbursement.

B. Contractor will be reimbursed for the actual cost of pre-approved parts/materials/supplies/fees/permits purchased to be consumed or installed at the work site in performance of the Agreement (including applicable sales tax), without additional allowance for markup. No additional compensation will be made for the cost to acquire, store, deliver, or use/install any purchased items. Cost of parts/materials/supplies/ fees/permits are to be verified and substantiated by submitting a copy of appropriately signed receipts. Total expenditures for parts/materials/supplies/ fees/permits shall not exceed the amount set forth in Attachment 1.

C. Contractor shall not be reimbursed for any parts/materials/supplies/fees/permits that were not pre-approved in writing by Caltrans Contract Manager.

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

Exhibit B

Budget Detail and Payment Provisions

1. Invoicing and Payment

A. For services satisfactorily rendered and approved by Caltrans Contract Manager, and upon receipt and approval of the invoices, Caltrans agrees to compensate Contractor in accordance with Attachment 1, Price Quote Proposal and this Exhibit B. Incomplete or disputed invoices shall be returned to Contractor, unpaid, for correction.

B. Invoices shall be submitted showing the Service Request for each billable hour increment. When Service Requests are assigned, the appropriate Service Request element(s) will be identified by Caltrans Contract Manager.

C. Each invoice shall include:

1) Agreement Number 07A6477

2) Dates of Service

3) Location of Service

4) Number of Hours by Classifications

5) Hourly Rates

6) Receipts for Parts/Materials/Supplies/Fees/Permits

7) Copy of Service Requests

8) Description of Work Performed

D. Each invoice shall be submitted in triplicate to:

California Department of Transportation (Caltrans) District 07/Maintenance Attention: TBD 7300 East Bandini Boulevard Commerce, CA 90040

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

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

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

Exhibit B

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

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

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

Code, Chapter 4.5, commencing with Section 927.

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

4. Cost Limitation

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

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

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

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

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

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

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

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

Exhibit D

Special Terms and Conditions

1. Settlement of Disputes

A. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by Caltrans Contract Officer, who may consider any written or verbal evidence submitted by Contractor. The decision of the Caltrans Contract Officer, issued in writing, shall be Caltrans’ final decision on the dispute.

B. Neither the pendency of a dispute nor its consideration by Caltrans Contract Officer will excuse Contractor from full and timely performance in accordance with the terms of the Agreement.

C. The final decision by Caltrans Contract Officer does not preclude subsequent litigation of the dispute in a court of competent jurisdiction.

2. Termination A. If, after award and execution of the Agreement, Contractor’s performance is unsatisfactory, the

Agreement may be terminated immediately for default. Additionally, Contractor may be liable to Caltrans for damages, including the difference between Contractor’s original bid price and the actual cost of performing the work by another Contractor. Default is defined as Contractor failing to perform services required by the Agreement in a satisfactory manner.

B. Caltrans reserves the right to terminate this Agreement for any or no cause upon 30 days written notice to Contractor. Upon such termination, no compensation shall be due or payable to Contractor except for compensation earned through the date of termination.

C. The State may terminate this Agreement immediately for good cause. The term “good cause” may be defined as “impossibility of performance” or “frustration of purpose”, but does not include material breach, default, or termination without cause. In this instance, the Agreement termination shall be effective as of the date indicated on the State’s notification to Contractor.

D. In the event that the total Agreement amount is expended prior to expiration date, Caltrans may, at its discretion, terminate this Agreement with 30-day notice to Contractor.

3. Retention of Records/Audits

A. For the purpose of determining compliance with Government Code Section 8546.7, Contractor and Subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The State, the State Auditor, Federal Highway Administration, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of Contractor that are pertinent to the Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

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

4. Subcontractors

Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted.

5. Reporting Disabled Veteran Business Enterprise (DVBE) Utilization

A. If this Agreement requires DVBE participation, it is the responsibility of Contractor to track DVBE participation requirement progress and Contractor must report the actual amount paid to certified Subcontractors. Contractors must comply with Government Code Section 14841 and Military and Veterans Code Sections 999.5(d) and 999.7 by reporting the actual utilization of certified Subcontractor(s) during the performance of this Agreement. Contractor shall prepare and submit the Report of Utilization of Small/Micro Business and Disabled Veteran Business Enterprise State Funded Contracts Only (DOT ADM-3059) (https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM3059) to Caltrans Contract Manager with each invoice.

B. If Contractor fails to submit DOT ADM-3059 with final invoice, Caltrans Contract Manager shall withhold $10,000, or full payment if it is less than $10,000, from final payment on Agreement until Caltrans Contract Manager receives a complete and satisfactory DOT ADM-3059. Caltrans Contract Manager shall notify Contractor by email that Contractor must submit a complete and satisfactory DOT ADM-3059 within 30 days from the date of the notice. If Contractor fails to fully complete and submit the DOT ADM-3059 within this 30-day period, Caltrans shall permanently withhold payment of final invoice.

C. Upon Caltrans Contract Manager’s request, Contractor shall provide proof of payment for the work performed by DVBE subcontractor(s).

6. Reporting Small Business/Micro Business (SB/MB) Utilization

If SB/MB Subcontractor participation is a requirement of this Agreement, Contractor must report the actual amount paid to certified Subcontractors. Contractor must comply with Government Code Section 14841 by reporting the actual utilization of certified Subcontractor(s) during the performance of this Agreement. Contractor shall prepare and submit the Report of Utilization of Small/Micro Business and Disabled Veteran Business Enterprise State Funded Contracts Only (DOT ADM-3059) (https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM3059) to Caltrans Contract Manager with each invoice.

7. DVBE Participation (Not Required) Caltrans has not established a DVBE participation requirement for this Agreement. However, Contractor shall be fully informed respecting the California Public Contract Code Sections 10115 et seq., which is incorporated by reference. Contractor is urged to obtain DVBE Subcontractor participation should clearly defined portions of the work become available.

8. Non-Solicitation

Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained or contracted by Contractor for the purpose https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM3059 https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM3059 of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

9. Laws to be Observed Contractor shall keep fully informed of all existing and future laws, including: State and Federal, county and municipal ordinances and regulations including but not limited to Senate Bill 1383 of 2016 Title 14, CCR, General Provisions section 18981.2, Public Resources Code sections 42652

et. seq., and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work. Contractor shall at all times observe and comply with and shall cause all agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement.