IFPQ_Solicitation_08A3718_Final.pdf

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IFPQ Backflow Services, Riverside County
Solicitation number
08A3718
Issued by
Riverside County, Riverside City, California

About this file

This document is an Invitation for Price Quote (IFPQ) issued by the California Department of Transportation (Caltrans) to procure backflow services in Riverside County. Under this agreement, the selected contractor shall provide all labor, tools, equipment, materials, vehicles, travel, and incidentals to test, troubleshoot, install, repair and/or replace, and retest backflow preventer devices and pressure regulators on both potable and non-potable (irrigation water) systems. The contractor will also be responsible for certifying backflow devices and assemblies, including realigning piping and other related plumbing work, as well as performing backflow testing, repair, and/or replacement of backflow prevention devices, assemblies, cage assemblies, and cage pads at various locations in Riverside County. The IFPQ has a proposed award date of April 25, 2024, and the agreement term is estimated to commence on May 1, 2024 and expire on April 30, 2027.

The total bid proposal for this agreement must not exceed $461,000. The contractor must be a certified small business registered with the Department of General Services (DGS) and possess a valid, current Class A General Engineering Contractor license, C-36 Plumbing Contractor license, or D-64 Backflow Maintenance Contractor license issued by the California Contractors State License Board (CSLB). The contractor and any subcontractors must also be registered with the Department of Industrial Relations (DIR). Prevailing wages will apply if the total bid amount exceeds $15,000.

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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/

April 3, 2024

Invitation for Price Quote (IFPQ)

IFPQ # 08A3718

Notice to Prospective Contractors

You are invited to review and respond to this Small Business (SB) Invitation for Price Quote (IFPQ), IFPQ 08A3718 entitled Backflow Services in Riverside 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 $461,000.00 will result in rejection of your bid due to non-responsiveness.”

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

This contract requires Prevailing Wages if the total bid amount exceeds $15,000. If the total bid amount is under $15,000, then Prevailing Wage language will be removed prior to award. Refer to Attachment 10, 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:

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.

Sincerely, Tim Murphy Contract Analyst

*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.

Invitation for Price Quote IFPQ Number 08A3718

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

1. Time Schedule

2. Questions and Answers

3. ADM-1412 – Bid Proposal

4. Costs Included in Bid Rate

5. Employment of Undocumented Workers

6. State Prevailing Wages

7. Postconsumer-Content Certification

8. Mandatory Organic Waste Recycling

9. Motor Carrier Permit Requirements

10. Contractor’s License

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

12. Non-Collusion Declaration for Public Works

13. Bonds

14. Insurance

15. California Civil Rights Laws

16. Darfur Contracting Act

17. Contractor Registration Program

18. Price Quote Submittal

19. Evaluation and Selection

20. Standard Conditions of Service

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

Attachments

1. Price Quote Proposal (ADM-1412)

2. Contractor Certification Clauses (04/2017)

3. Non-Collusion Declaration to be Executed by Bidder and Submitted with Bid for Public

Works

4. Bid/Bidder Certification Sheet

5. Bidder’s Acknowledgement of Prevailing Wage Requirements

6. California Civil Rights Laws Certification

7. Darfur Contracting Act Certification

8. Required Attachment Checklist

9. Proposed Form of Agreement (STD 213)

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

A) Purpose and Description of Services

1. Contractor shall provide all labor, tools, equipment, materials, vehicles, travel, and incidentals to test, troubleshoot, install, repair and/or replace, retest backflow preventer devices and pressure regulators on both potable and non-potable (irrigation water) systems, as well as to certify backflow devices, assemblies, including realigning piping and other related plumbing work, and perform backflow testing, repair, and/or replacement of backflow prevention devices, assemblies, cage assemblies, and cage pads at various locations in the County of Riverside.

2. 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) Bidder’s Minimum Qualifications

1. Bidder shall have at time of bid submittal and for the duration of this Agreement, either a valid, current Class A General Engineering Contractor license or C-36 Plumbing Contractor license or D-64 Backflow Maintenance Contractor license issued by the California Contractors State License Board (CSLB).

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

Caltrans will verify bidder’s DIR registration; it is not necessary to provide a copy.

3. Bidder and any subcontractor(s) shall be a certified small business registered with the Department of General Services (DGS).

4. 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, Scope of Work, Attachment 10. This requirement has also been added in the Proposed Form of Agreement, Exhibit E, Attachment 10. Refer to Section C, Price Quotation Requirements and Information, Section 12, Contractor’s License, for submittal requirements.

5. 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 04/03/2024

Written Question Submittal 04/11/2024

Final Date for Quote Submission 04/18/2024

Proposed Award Date (estimate) 04/25/2024

2. Questions and Answers

A. Questions regarding this IFPQ must be submitted in writing. Bidders are encouraged to submit their written questions by April 11, 2024.

B. Written questions must include the individual's name, firm name, complete address, and must reference IFPQ No. 08A3718. Questions must be sent to the following email:

Email: timothy.murphy@dot.ca.gov

2:00 p.m.

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.

3. 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.

4. 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.

5. 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).

6. State Prevailing Wages

State General Prevailing Wage Rates will apply for the County of Riverside as described in the attached Proposed Form of Agreement (Attachment 9). 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.

7. Postconsumer-Content Certification

Bidder signature affixed hereon and dated on Bid/Bidder Certification Sheet, Attachment 4, shall signify that you are aware of the recycled materials, goods, and supplies program requirements of Public Contract Code Sections 12200 and 12205, and that the postconsumer recycled-content certification will be required for the successful bidder. The awarded bidder will be required to complete a Postconsumer-Content Certification (CalRecycle 74), and provide the form with the signed Agreement. An incomplete form or failure to provide a completed form will result in cancellation of the Agreement.

8. Mandatory Organic Waste Recycling

Contractor generating organic waste or commercial solid waste shall arrange for the 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.

9. 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.

10. Contractor’s License

Bidder must have, at time of bid submittal and for the duration of the contract, a valid, current Class A General Engineering Contractor license or C-36 Plumbing Contractor license or D-64 Backflow Maintenance 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).

11. 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.

12. Non-Collusion Declaration for Public Works

Bidder must submit, as described herein, a non-collusion declaration for public works. The non-collusion declaration is attached to this IFPQ as Attachment 3. Failure to submit a complete declaration shall be grounds for rejection of bid.

13. 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, Item 13, Bonds, (Attachment 9).

14. 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.

15. California Civil Rights Laws

Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew an Agreement with, a State agency with respect to any Agreement in the amount of $100,000 or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the Agreement is renewed, that they satisfy all of the conditions set forth in Public Contract Code Section 2010 and they shall execute the California Civil Rights Laws Certification, attached as Attachment 6. The California Civil Rights Laws Certification (ADM-0076) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076.

16. 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. All bidders shall complete the Darfur Contracting Act Certification form and submit with bid. The Darfur Contracting Act Certification (ADM-0077) must be downloaded at http://cefs2.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077.

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 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 when it submits a bid or proposal to 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).

17. 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.

18. 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, Item C1, Time Schedule.

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: 08A3718

PRICE QUOTATION SUBMITTAL–DO NOT OPEN

C. All quotes shall include the documents identified in the IFPQ; see the Required Attachment Checklist, Attachment 8. 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.

E. Email to: timothy.murphy@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, 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, Attachment 4. The signature must also indicate the title or position that the individual holds in the firm. An unsigned price quote shall be rejected.

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.

19. 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.

20. Standard Conditions of Service

A. After award and execution of the Agreement, should Contractor fail to commence work within five (5) working days after notification of the starting date, or suspend work for a period of five

(5) continuous working days after work has begun, Caltrans may provide five (5) calendar days written notice, posted at the job site or mailed to Contractor, to timely prosecute and complete the work or the Agreement may be terminated and liquidated damages of $500.00 assessed for administrative costs for re-bidding the work or awarding the work to another contractor. In addition, Contractor shall be liable to Caltrans for the difference between Contractor’s quote price and the actual cost of performing the work by the second low bidder or by another contractor.

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

C. Antitrust Provisions

1) Contractor offers and agrees and will require all of his other Subcontractors and suppliers to agree 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 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, on 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. On 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.

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

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

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

21. 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.

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 08A3718

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 (Estimated Quantity X

Unit Price)

1 600 Each

Contractor shall furnish all labor, equipment, tools, parts, materials, supplies, travel, and incidentals necessary to provide Routine testing and certification of backflow devices to Caltrans, as described in this Agreement per STD 213, Exhibit A, Scope of Work

2 100 Hours

Contractor shall furnish all labor, equipment, tools, parts, materials, supplies, travel, and incidentals necessary to provide Non-Routine testing and certification of backflow devices to Caltrans, as described in this Agreement per STD 213, Exhibit A, Scope of Work

3 750 Hours

Contractor shall furnish all labor, equipment, tools, and travel necessary to provide Routine repairs and replacement of backflow devices to Caltrans, as described in this Agreement per STD 213, Exhibit A, Scope of Work

4 300 Hours

Contractor shall furnish all labor, equipment, tools, and travel necessary to provide Non-Routine repairs and replacement of backflow devices to Caltrans, as described in this Agreement per STD 213, Exhibit A, Scope of Work

5 Subtotal Lines 1-4 $

Maximum allowable expenditure for backflow devices, pumps, pipes, pipe fittings and pressure regulator components per Exhibit A, Item 15. Actual cost will be reimbursed based on submitted originals receipts. This Amount Shall be 5 percent (5%) of the Actual Subtotal Amount (0.05 x Subtotal). Enter 5% in Total column

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 08A3718

PRICE QUOTE PROPOSAL

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

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

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

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

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

Total This Proposal

Attachment 3

Non-Collusion Declaration to Be Executed By Bidder and Submitted with Bid for Public Works

The undersigned declares:

I am the ___________________ of _______________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________ (date), at

__________________ (city), _________________ (state).

Print or Type Name Date

Signature

Attachment 4 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 4 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.

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

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.

Attachment 5

Bidder’s Acknowledgement of Prevailing Wage Requirements

__________________________ acknowledges this contract is a Public Works Print Name of Bidder

Contract subject to the requirements of Labor Code Sections 1720-1861.

If awarded this Agreement, I acknowledge it will be my responsibility to ensure that all prevailing wage 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 this Agreement.

Prime Bidder’s Signature Date

Attachment 8

Required Attachment Checklist

A complete price quote package will consist of the items identified below.

Complete this checklist to confirm the items in your quote package. Place a check mark or “X” next to each item that you are submitting to Caltrans. All attachments identified below (unless noted otherwise) are required and must be returned as instructed or your quote may be considered non-responsive.

Return this checklist with your quote package.

Attachments Attachment Name/Description

_____ Attachment 1 Price Quote Proposal (ADM-1412)

_____ Attachment 2 Contractor Certification Clauses (CCC 04/2017). The CCC 04/2017 must be downloaded at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

_____ Attachment 3 Non-Collusion Declaration

_____ Attachment 4 Bid/Bidder Certification Sheet

_____ Attachment 5 Bidder’s Acknowledgement of Prevailing Wage Requirements

_____ Attachment 6 California Civil Rights Laws Certification (ADM-0076) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0076.

_____ Attachment 7 Darfur Contracting Act Certification (ADM-0077) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077.

_____ Attachment 8 Required Attachment Checklist

_____ Copy of A valid, current registration with the Department of Industrial Relations (DIR) for prime bidder and subcontractor(s)

_____ Copy of A valid, current Small Business Certification from the California Department of General Services (DGS) for prime bidder and subcontractor(s)

_____ Copy of A valid, current Class A General Engineering Contractor license or C-36 Plumbing Contractor license or D-64 Backflow Maintenance Contractor license issued by the California Contractors State License Board (CSLB)

Attachment 9 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 08A3718

Exhibit A Public Works (State)

Scope of Work

1. Contractor agrees to provide to the California Department of Transportation (Caltrans) Backflow Testing Services as described herein:

Contractor shall provide all labor, tools, equipment, materials, vehicles, travel, and incidentals to test, troubleshoot, install, repair and/or replace, retest backflow preventer devices and pressure regulators on both potable and non-potable (irrigation water) systems, as well as to certify backflow devices, assemblies, including realigning piping and other related plumbing work, and perform backflow testing, repair, and/or replacement of backflow prevention devices, assemblies, cage assemblies, and cage pads at various locations in the County of Riverside.

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

3. The services shall be performed at Caltrans Safety Roadside Rest Areas (SRRA), Maintenance Stations and various locations in Riverside County. For the estimated number of backflows at various locations refer to Locations/Estimated Number of Backflows, Attachment 2.

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

5. This Agreement will commence on May 1, 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 April 30, 2027 (estimate). The routine services shall be provided during normal business hours Monday through Friday 7:00 a.m. to 5:00 p.m., excluding State holidays. The non-routine services shall be provided on days and times specified by Caltrans Contract Manager and may take place outside the normal business hours of Monday through Friday, 7:00 a.m. to 5:00 p.m., and on State holidays.

The parties may amend this Agreement as permitted by law.

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

California Department of Transportation (Caltrans):

Contractor: TBD

Section/Unit: District 8/Maintenance

Caltrans Contract Manager: Project Manager:

Address: Address:

Business Phone Number: Business Phone Number:

Email: Email:

7. Assignment of Work

A. Caltrans Contract Manager shall issue a Service Request via email to Contractor for routine and non-routine services. Non-routine services may also be requested by telephone with emailed Service Request provided the following business day. Contractor shall provide a phone number which is monitored and reachable 24-hours per day. See Attachment 3, Sample Service Request.

B. The Service Request shall include the following information:

1) Agreement Number 08A3718

2) Service Request Number

3) Date of Request

4) Contact name, requestor, and/or District Single Point of Contact (DSPOC)

5) Caltrans Contract Manager’s name

6) Prospective Date of Service

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

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

9) Location Address of service

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

11) Signatures of DSPOC and/or Caltrans Contract Manager

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

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

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

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

E. Contractor shall not start work until Contractor receives approval from Caltrans Contract Manager. No payment shall be due or made for any work performed on an unapproved Service Request, and Caltrans shall not pay for any work described on the unapproved Service Request.

F. Contractor shall not commence performance of work services on a Service Request until it has been approved by Caltrans Contract Manager and notification to proceed has been issued by Caltrans Contract Manager. No payment will be due or made for any work performed prior to approval or after the period of performance of the Service Request.

G. Contractor shall begin work within two (2) hours of receiving approval from Caltrans Contract Manager for non-routine service requests and within three (3) days for routine service requests. When material delay can be proven by Contractor, start date will be negotiated with Caltrans Contract Manager.

H. Contractor shall complete the work, including necessary repairs and communication with water agencies to obtain water supplies needed for testing, described in each approved Service Request within the specified performance period unless approved by Caltrans Contract Manager. The performance period will be determined by Caltrans Contract Manager and shall have a maximum term of one (1) month (NO EXEPTIONS).

I. Caltrans Contract Manager may make non-material changes to a Service Request.

Service Requests may not be used to amend this Agreement and may not exceed the Scope of Work under this Agreement.

J. Contractor shall only perform the work authorized by Caltrans Contract Manager. If unanticipated work is required to accomplish the intent of a particular service, additional authorization shall be obtained from Caltrans Contract Manager, in writing, before such unanticipated work is begun. No payment will be due or made for any work performed prior to written approval by Caltrans Contract Manager.

K. Contractor shall only be reimbursed for work that has a Service Request approved by Caltrans Contract Manager and at the bid rates specified in Attachment 1, Price Quote Proposal.

L. If Contractor fails to satisfactorily complete a deliverable according to the schedule set forth in a Service Request, no payment shall be made until the deliverable has been satisfactorily completed. Caltrans Contract Manager has sole authority to determine what is satisfactory.

M. Contractor shall maintain a complete project files for each Service Request performed under this Agreement. This file shall be made available to Caltrans Contract Manager during normal work hours and shall be transferred to Caltrans Contract Manager upon completion of work under the Service Request.

8. Detailed Description of Work:

A. Contractor shall provide all labor, tools, equipment, materials, vehicles, travel, and incidentals to test, troubleshoot, install, repair and/or replace, retest backflow preventer devices and pressure regulators on both potable and non-potable (irrigation water) systems, as well as to certify backflow devices, assemblies, including realigning piping and other related plumbing work, and perform backflow testing, repair, and/or replacement of backflow prevention devices, assemblies, cage assemblies, and cage pads at various locations in the County of Riverside. Contractor shall retest backflow devices whenever alterations are made.

B. Contractor shall throughout the duration of the Agreement be fully qualified to test, troubleshoot and repair backflow preventer devices and pressure regulators. Contractor shall be certified by the American Water Works Association (AWWA) and listed as a Certified Backflow tester with each city, county, State and private enterprise that supplies water and/or is connected by a backflow device to the Caltrans facilities.

C. Contractor shall have a Test Kit and an Accuracy/Calibration Certificate for each test kit.

Contractor shall have no fewer than two (2) backflow device testing kits in its possession at all times. The test kits are to be used only for testing potable water and is to be clearly marked “For Potable Water Only”.

D. Contractor shall ensure that repairs to backflow devices and pressure regulators conform to the standards and specifications set forth by the appropriate water agency which has oversight for the backflow and regulators.

E. Contractor will be tasked to certify the backflow devices. This certification shall certify that the approved backflow prevention assemblies are required by law are present and installed, tested and repaired…

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