Solicitation_Package_11A3894.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/

May 30, 2024

Invitation for Price Quote (IFPQ)

IFPQ # 11A3894

Notice to Prospective Contractors

You are invited to review and respond to this Small Business (SB) Invitation for Price Quote (IFPQ), IFPQ 11A3894 entitled Heat Pump Replacement Services in San Diego 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 4, Proposed Form of Agreement, for requirement details.

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

Wendy Kwong California Department of Transportation (Caltrans) Email address: wendy.kwong@dot.ca.gov Phone: (279)789-4474

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 and/or at a Site Inspection.

See Section C1, Time Schedule, for more details.

ALL REQUIRED DOCUMENTS ARE EITHER ATTACHED (ATTACHMENTS 1 & 2) OR THE

DOCUMENT LINK IS PROVIDED ON ATTACHMENT 3, REQUIRED DOCUMENTS.

Sincerely, Wendy Kwong

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

Invitation for Price Quote IFPQ Number 11A3894

Table of Contents

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

1. Time Schedule

2. Optional Site Inspection

3. Reasonable Accommodation

4. Questions and Answers

5. Costs Included in Bid Rates

6. Employment of Undocumented Workers

7. State Prevailing Wages

8. Mandatory Organic Waste Recycling

9. Motor Carrier Permit Requirements

10. Contractor Registration Program

11. Contractor’s License

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

13. Non-Collusion Declaration for Public Works

14. Bonds

15. Insurance

16. Darfur Contracting Act

17. Price Quote Submittal

18. Evaluation and Selection

19. Standard Conditions of Service

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

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

Attachments

1. Price Quote Proposal (ADM-1412)

2. Bid/Bidder Certification Sheet

3. Required Documents

4. 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 agrees to provide to the California Department of Transportation (Caltrans) heat pump replacement services and heat pump security cages as described herein:

Contractor agrees to provide all labor, parts, tools, supplies, materials, incidentals, equipment, and travel needed to decommission, remove, and legally dispose of three (3) heat pumps and all associated components. Contractor agrees to replace existing heat pumps with Contractor furnished new equipment, provide all owner’s manuals and literature associated with each piece of new equipment, and provide any necessary training to Caltrans personnel associated with new the equipment.

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

B) Bidder’s Minimum Qualifications

1. The Bidder shall have at time of bid submittal and for the duration of this Agreement a current and valid C20 Warm-Air Heating, Ventilating and Air-Conditioning license issued by the California Contractors State Licensing Board (CSLB) for the type of work to be performed.

2. Bidder shall be a certified small business registered with the California Department of General Services (DGS).

3. Bidder shall be registered with the Department of Industrial Relations (DIR), pursuant to Labor Code section 1725.5.

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 4. This requirement has also been added in the Proposed Form of Agreement, Exhibit E, Attachment 4. Refer to Section C, Price Quotation Requirements and Information, Contractor’s License, for submittal requirements. Caltrans will verify bidder’s Contractor License, and any Subcontractor Licenses, thus it is not necessary for bidders to provide a copy.

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 05/30/2024 2:00 PM

Pre-Bid Site Inspection 06/11/2024 10:00 AM

Written Question Submittal 06/13/2024 2:00 PM

Final Date for Quote Submission 06/18/2024 2:00 PM

Proposed Award Date (estimate) 06/21/2024 2:00 PM

2. Optional Site Inspection

A. An optional site inspection is scheduled at 10:00am, June 11, 2024, at 4024 Taylor Street, San Diego, CA 92110, for the purpose of discussing concerns regarding this IFPQ.

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

(1) company.

C. All prospective contractors are to be assembled at Caltrans, 4024 Taylor Street, San Diego, CA 92110, at 10:00am. Bidders must sign in (on the sheet provided) upon arrival and sign out upon completion of the walk-through activities. Failure to comply with these provisions may result in the rejection of your quote. Caltrans will conduct the site inspection of the facilities and disseminate any additional information to participants, if necessary.

3. Reasonable Accommodation

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

4. Questions and Answers

Questions regarding this IFPQ must be submitted in writing. Bidders are encouraged to submit their written questions by June 13, 20214.

Written questions must include the individual's name, firm name, complete address, and must reference IFPQ No. 11A3894. Questions must be sent to the following email:

Email: Wendy.Kwong@dot.ca.gov

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

5. Costs Included in Bid Rates

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

6. 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).

7. State Prevailing Wages

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

8. Mandatory Organic Waste Recycling

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

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 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.

11. Contractor’s License

Bidder must have, at time of quote submittal and for the duration of the contract, a valid, current C-20 – Warm-Air Heating, Ventilating, and Air Conditioning 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 https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm 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).

12. 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.

13. Non-Collusion Declaration for Public Works

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

14. Bonds

Payment Bond Requirement: If the successful bidder’s bid exceeds $25,000, the successful bidder shall furnish a Payment Bond for not less than 100 percent (100%) of the total amount payable by the terms of this Agreement. The Payment Bond is due prior to the start date of work. No work may commence without receipt of a valid Payment Bond. The Payment Bond must be in effect at all times for the duration of the Agreement. If the Payment Bond expires during the term of the Agreement, a new Payment Bond must be provided to the Caltrans Contact Manager not less than 10 business days prior to its expiration. Failure to maintain a Payment Bond for the full term of this Agreement will be grounds for termination for default in addition to other legal remedies Caltrans may have. Inadequate or lack of a Payment Bond does not negate the Contractor’s obligations under this Agreement.

15. Insurance

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

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

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

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

D. Satisfying a Self-Insured Retention (SIR)

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

E. Available Coverages/Limits

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

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. The winning bidder shall complete the Darfur Contracting Act Certification ADM-0077 as part of the Agreement award process. 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 ADM-0077.

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

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

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

17. Price Quote Submittal

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

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

IFPQ Number: 11A3894

PRICE QUOTATION SUBMITTAL–DO NOT OPEN

C. All quotes shall include the documents identified in the IFPQ; see Attachment 3, Required Documents. Quotes not including the 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: Wendy.Kwong@dot.ca.gov

F. Pursuant to Government Code Section 14838.7, Caltrans must receive at least two (2) price quotes from certified SB/MBs or at least two (2) price quotes from DVBEs before it can make an http://cefs2.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0077 mailto:Wendy.Kwong@dot.ca.gov

Agreement award. Therefore, at Caltrans’ discretion, if only one price quote is received, the timeframe for receipt of price quotes may be extended in order to receive the minimum number of quotes required by the Government Code. All prospective bidders will be notified via email or telephone of any extensions.

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

H. A price quote may be rejected if it is conditional, incomplete, or if it contains any alterations of form or other irregularities of any kind. Caltrans may reject any price quote on the basis that it is not responsive or from responsible bidder and may waive any immaterial deviation in a quote.

Caltrans’ waiver of an immaterial defect shall in no way modify the IFPQ document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

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

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

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

K. A bidder may withdraw a price quote by, prior to price quote submission deadline, submitting a written withdrawal request to Caltrans, at Wendy.Kwong@dot.ca.gov, signed by the bidder or an agent authorized in accordance with Section L, below. A bidder may thereafter submit a new price quote prior to the price quote submittal deadline. Price quotes may not be withdrawn without cause subsequent to the price quote submittal deadline.

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

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

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

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

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

Q. Caltrans does not accept alternate Agreement language from a bidder. A price quote with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC 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.

18. Evaluation and Selection

A. At the time of quote opening, 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.

19. Standard Conditions of Service

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

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

C. Antitrust Provisions

1) Bidder offers and agrees, and will require all of his other Subcontractors and suppliers to agree, that if the bid is accepted to assign to the awarding body all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works Agreement or subcontract. The assignment made by Contractor and all additional assignments made by Subcontractors and suppliers shall be deemed to have been made and will become effective at the time the awarding body tenders final payment to Contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments.

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

3) Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under Government Code Sections 4550- 4554 if the assignor has been or may have been injured by the violation of law for which the 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 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 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.

20. 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.

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

A. The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

B. Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

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

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

E. Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 11A3894

PRICE QUOTE PROPOSAL Page 1 of 1

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 1 Lump Sum

All labor, parts, tools, supplies, materials, incidentals, equipment, and travel needed to decommission, remove, legally dispose of, and replace three (3) heat pumps with Contractor furnishing new equipment and all associated components per STD 213, Exhibit A, Scope of Work

2 1 Lump Sum

All labor, parts, supplies, materials, incidentals, equipment, and travel needed to install a locking heat pump security cage to cover three (3) new heat pumps with Contractor furnished new equipment and all associated components per STD 213, Exhibit A, Scope of Work

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 2 Bid/Bidder Certification Sheet

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

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

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

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

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

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

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

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

2b. Email Address

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

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

Indicate the Department of Industrial Relations information:

9. Contractor Registration Number

Indicate applicable license and/or certification information:

10. Contractors State License Board

Number

11. PUC License Number

CAL-T-

12. Required

Licenses/Certifications

13.Proposer’s Name (Print) 14. Title

15. Signature 16. Date

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

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

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

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

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

Attachment 2 Bid/Bidder Certification Sheet

Completion Instructions for Bid/Bidder Certification Sheet

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

Item Numbers Instructions

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

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

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

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

7 Enter your Federal employee tax identification number.

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

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

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

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.

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

Attachment 3 Required Documents

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

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

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

☐ Attachment 2 – Bid/Bidder Certification Sheet

☐ Generative Artificial Intelligence (GenAI) Disclosure (STD 1000) GenAI Disclosure & Factsheet

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

☐ Payment Bond Payment Bond

☐ Non-Collusion Declaration Non-Collusion Declaration

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

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

☐ Payee Data Record (STD 204) Payee Data Record https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM2009 https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM1418 file:///C:/Users/s124565/Downloads/ADM0077-1.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

Attachment 4 Proposed Form of Agreement

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

Contractor’s Name TBD Agreement Number 11A3894

Exhibit A Public Works (State)

Scope of Work

1. Contractor agrees to provide to the California Department of Transportation (Caltrans) heat pump replacement services and heat pump security cages as described herein:

Contractor agrees to provide all labor, parts, tools, supplies, materials, incidentals, equipment, and travel needed to decommission, remove, and legally dispose of three (3) heat pumps and all associated components. Contractor agrees to replace existing heat pumps with Contractor furnished new equipment, provide all owner’s manuals and literature associated with each piece of new equipment, and provide any necessary training to Caltrans personnel associated with new the equipment.

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

3. The services shall be performed at the following location in San Diego County:

California Department of Transportation District 11 Museum, 4024 Taylor Street, San Diego, CA 92110.

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

5. This Agreement will commence on August 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 July 31, 2025 (estimate). The services shall be provided during normal business hours Monday through Friday 8:00 a.m.

to 5:00 p.m., excluding State holidays. The parties may amend this Agreement as permitted by law.

6. 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 11/Facilities

Caltrans Contract Manager:

TBD

Project Manager:

Address: 4024 Taylor Street, MS 250

San Diego, CA 92110

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

Business Phone Number: Business Phone Number:

Email: Email:

7. Detailed Description of Work

A. Heat Pump Unit 1

1) Contractor shall remove and properly dispose of the Carrier Corporation Model 25HBS348A300, Serial Number 4908E19588, Refrigerant Type, R-22, Refrigerant Charge, 11.78 pounds (lbs).

2) Contractor shall supply one (1) new 4-ton the Carrier Corporation Model 25HBS348A300, Serial Number 4908E19588, Refrigerant Type, R-22, Refrigerant Charge, 11.78 lbs or equivalent.

3) Contractor shall connect new heat pump to existing thermostat.

B. Heat Pump Unit 2

1) Contractor shall remove and properly dispose of the Carrier Corporation Model 25HBS348A300, Serial Number 4908E19542, Refrigerant Type, R-22, Refrigerant Charge, 11.78 lbs.

2) Contractor shall supply one (1) new 4-ton Carrier Corporation Model 25HBS348A300, Serial Number 4908E19542, Refrigerant Type, R-22, Refrigerant Charge, 11.78 lbs or equivalent.

3) Contractor shall connect new heat pump to existing thermostat.

C. Heat Pump Unit 3

1) Contractor shall remove and properly dispose of the Carrier Corporation Model 25HBS360A310, Serial Number 3508E1334, Refrigerant Type, R-22, Refrigerant Charge, 13.48 lbs.

2) Contractor shall supply one (1) new 5-ton wall mount Carrier Corporation Model 25HBS360A310, Serial Number 3508E1334, Refrigerant Type, R-22, Refrigerant Charge, 13.48 lbs or equivalent.

3) Contractor shall connect new heat pump to existing thermostat.

D. Heat Pump Security Cages

1) Contractor shall install locking security cages (see attachment 2) for each new heat pump installed (heat pumps are and shall be located on the same concrete pad). The locking security cages shall cover each unit from all sides, including the top.

E. Contractor shall ensure that all heat pump units and associated components are weatherproofed to prevent damage to the equipment and the building.

F. In the presence of Caltrans Contract Manager, Contractor shall start up and verify operation of heat pump units.

G. All work, materials, and associated components will be approved by Caltrans Contract Manager.

H. Contractor shall provide to Caltrans Contract Manager all owner’s manuals and literature associated with each piece of new equipment upon completion of work.

I. Contractor shall provide any necessary training for each heat pump unit to Caltrans employees. Training shall include how to operate units, troubleshooting, repair, and maintenance upon completion of work.

8. Daily Cleanup

A. Contractor shall be responsible for all site cleanup daily.

B. Contractor shall remove and haul away all trash.

C. No debris shall be thrown into Caltrans dumpsters without written permission from Caltrans Contract Manager.

D. Contractor must ensure work area is safe for Contractor personnel and that the area around the work site is safe for Caltrans employees.

E. Contractor must follow all applicable California Division of Occupational Safety and health (Cal/ OSHA) regulations, including but not limited to fall protection.

9. Building Access

A. Contractor shall provide full names and a copy of a valid driver’s license or ID card from each employee that will be working in the Caltrans building 10 days before the Agreement is to begin. A key or partner badge for most noncritical locked areas shall be provided by Caltrans Contract Manager to Contractor lead person on a daily and individual basis. Contractor shall give approximately one-half hour advance notice to Caltrans Contract Manager for the locked areas requiring assistance.

B. Contractor shall check in with Caltrans Contract Manager at the start of each day to receive a temporary security badge. The temporary security badge shall be returned at the close of each day. Interim badges may be supplied by Caltrans Contract Manager to Contractor employees with Projects Manager and Building Security consent.

10. General Contractor Responsibilities

A. Contractor shall ensure that only qualified and competent employee(s) are permitted on the job site and that the work shall be safely performed by the highest industry standards, in the sole opinion of Caltrans Contract Manager. Contractor shall take all the necessary precautions to prevent injury or hazard to Caltrans employee(s), invitee(s) and/or the general public.

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

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

D. No hazardous materials or waste shall be handled by Contractor. Contractor shall notify Caltrans Contract Manager of any hazardous materials immediately upon discovery.

11. Contractor Project Manager Responsibilities

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

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

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

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

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

4) Assign qualified personnel to complete the required work, as specified, in coordination with Caltrans Contract Manager.

5) Administer personnel actions for Contractor personnel.

6) Implement and maintain quality control procedures to ensure product and service accuracy.

7) Ensure all applicable safety measures are in place.

8) Provide invoices in a timely manner.

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

10) Ensure the schedules, deliverables and the deliverables’ requirements set forth in the Agreement are satisfied.

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

12. Damages to State Property

A. In the event that any Caltrans property is damaged as a result of the actions of Contractor, or its employees, Contractor shall repair, at its sole expense, the damage which has occurred as a direct result of Contractor, or its employees.

B. Repair efforts must be performed in a manner in which ensures all warranties are maintained for any products that are damaged. Repair efforts shall include the full costs for all required labor and materials.

C. If the repair must be completed by an outside entity, Caltrans Contract Manager will approve of who will be hired to complete the work.

13. Code of Conduct

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

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

C. If Contractor’s employees display any behavior that Caltrans Contract Manager deems inappropriate or offensive, Caltrans Contract Manager will have the right to remove that employee from doing further work on this Agreement.

D. It is the duty of Contractor and its staff to read and adhere to Caltrans policies and directives, available to Caltrans staff including, but not limited to the Director’s Policy (DP) 3-Health and Safety, DP-18 workplace Violence Prevention, Deputy Directive (DD)8- Drug Free Workplace, DD 22- Weapons Prohibited on or in Caltrans Buildings and Caltrans…