Solicitation_Package_56A0880.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/

October 8, 2025

Invitation for Bid (IFB)

IFB # 56A0880

Notice to Prospective Bidders

You are invited to review and respond to this IFB 56A0880, titled Multiple Provider, On-call, As Needed Railroad Flagging Services throughout the State in California.In submitting your bid, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences

As required by Executive Order S-02-06, the California Department of Transportation (Caltrans) is committed to meeting the State’s twenty-five percent (25%) Small Business (SB) participation goal.

Certified SBs, Micro Businesses (MB) and are encouraged to submit bids. See Section D, Special Programs in this IFB for requirements.

Disadvantaged Business Enterprise (DBE) goals do not apply to this IFB, but Caltrans encourages DBE participation. See Section D, Special Programs in this IFB for requirements.

This Agreement requires Prevailing Wages if the total bid amount exceeds $15,000. If the total bid amount is under $15,000, then Prevailing Wage language will be removed prior to award. Refer to Attachment 3, Proposed Form of Agreement for requirement details.

The designated contact person for this IFB is:

Christian Miller California Department of Transportation (Caltrans) Email address: christian.miller@dot.ca.gov Phone: (279) 599-1491

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 in accordance with the Questions and Answers portion of this IFB. See Section C, Time Schedule for more details.

ALL REQUIRED DOCUMENTS ARE EITHER ATTACHED (ATTACHMENT 1) OR THE

DOCUMENT LINK IS PROVIDED ON ATTACHMENT 2, REQUIRED DOCUMENTS.

Sincerely, Christian Miller Contract Analyst

Invitation for Bid IFB Number 56A0880

A) Purpose and Description of Services

1. Contractor shall provide all labor, tools, equipment, materials, travel, and work signs necessary to provide railroad flagging services while bridge inspections are being performed by Caltrans personnel.

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

3. This is an as-needed service request based Multiple-Provider Agreement.

B) Bidder’s Minimum Qualifications

1. Bidder must be an approved Union Pacific Railroad (UPRR) vendor to perform flagging services.

Bidder must provide proof at time of bid submittal

2. Bidder shall possess at the time of bid submittal, continuously thereafter, 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. Failure of Bidder to sufficiently meet any or all the minimum qualifications, in the opinion of Caltrans, will result in the Bidder’s bid deemed non-responsive.

C) Bid 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)

IFB available to prospective bidders October 8, 2025

Written Question Submittal October 15, 2025

Final Date and Time for Bid Submission October 23, 2025 2:00 p.m.

Bid Opening October 23, 2025 2:30 p.m.

Proposed Award Date (estimate) October 30, 2025

2. Questions and Answers

A. Questions regarding this IFB must be submitted by October 15, 2025. Bidders must submit their questions via e-mail to christian.miller@dot.ca.gov.

B. Written questions must include: the individual's name, firm name, e-mail address and must reference IFB No. 56A0880.

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 Cal eProcure website for any changes or addenda that may be posted. Refer to this Section C, Time Schedule for the schedule of events and dates/times.

Bidder can contact the Contract Analyst named above.

3. Costs Included in Bid Rates

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

4. Small Business Preference

SB Preference will be granted on this IFB. Only firms certified as a “Small Business” or “Micro Business” with the Department of General Services (DGS), Office of Small Business and DVBE Service (OSDS) will be granted this preference. For more information, refer to Section D, Special Programs.

5. State General Prevailing Wage Rates

State General Prevailing Wage Rates will apply for the Counties of Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Tulare, Ventura, Yolo, and Yuba as described in the attached Proposed Form of Agreement, Exhibit B.

The predetermined general prevailing wage rates published by the Director of Industrial Relations may be obtained via the Internet at: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. It is the bidder's responsibility to use the correct classification determination published by the Department of Industrial Relations (DIR). By signing the Bid/Bidder Certification Sheet, the Bidder acknowledges this is a public works contract subject to Labor Code Sections 1720-1861, and that if awarded this Agreement, it will be the Bidder’s responsibility to ensure that all prevailing requirements are met, including but not limited to the payment of appropriate prevailing wages rates to all employees who participate and perform services under this Agreement, Department of Industrial Relations registration, submittal of weekly certified payroll records, and employment of apprentices throughout the duration of the Agreement.

6. Federal Prevailing Wage Rates

Federal Prevailing Wages apply to this Agreement and are attached to the Proposed Form of Agreement, Exhibit B.

7. Mandatory Organic Waste Recycling

Contractor generating organic waste or commercial solid waste shall comply with SB 1383; also Contractor will 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 Contractor’s right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Sections 42649.8 et seq. When applicable, Contractor must comply with these provisions.

8. Motor Carrier Permit Requirements

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

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

9. 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 Department of Industrial Relations (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 an agreement with prevailing wages unless registered with DIR pursuant to Labor Code Section 1725.5.

C. Caltrans will verify each of the registration numbers 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.

10. 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.

11. Insurance

A. The bidder who receives the Agreement award, will be requested to provide a Certificate of Insurance providing proof of insurance to the Division of Procurement and Contracts within 10 working days after 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.

12. California Civil Rights Laws

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

13. Darfur Contracting Act

A. The Darfur Contracting Act, Public Contract Code Section 10475-10481, applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code Section 10475. All bidders shall complete the Darfur Contracting Act Certification (DOT ADM-0077), provided as a link in Attachment 2, Required Documents, and submit with the proposal.

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

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 bid or 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 an Agreement with a State agency for goods or services if the company first obtains permission from the Department of General Services according to the criteria set forth in Public Contract Code Section 10477(b).

14. 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.

15. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Technology Use and Reporting

A. The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies. Bidder / Offeror must notify the State in writing if it:

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

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

a. Functionality of a State system,

b. Risk to the State, or

c. Contract performance.

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

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

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

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

16. Bid Submittal

A. All bids must be submitted and received by Caltrans Division of Procurement and Contracts, Bid Unit, by dates and times shown in Section C, Bid Requirements and Information.

B. The mailing package/envelope should be labeled as follows:

Note: All packages not clearly or properly labeled as indicated below, including overnight mail and hand delivered packages, may be rejected.

YOUR RETURN ADDRESS Agreement No. 56A0880 Bid Due Date: October 23, 2025 Bid Due Time: 2:00 p.m.

Bid Opening Date: October 23, 2025

Bid Opening: 2:30 p.m.

Attention: Christian Miller

California Department of Transportation (Caltrans) Division of Procurement and Contracts ATTN: Bid Unit 1727 30th Street, 4th Floor, MS 65 Sacramento, CA 95816-7006

BID SUBMITTAL DO NOT OPEN

C. Late bids will not be considered.

D. All bids shall include the documents identified on the IFB’s Required Documents, Attachment 2, located at the end of the solicitation. Bids not including the required documents may be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

E. 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.

F. If your bid is hand delivered, you must date, and time stamp the sealed envelope/package immediately upon arrival. The date/time stamp machine is located in the lobby on the first floor to the right of the security guard station at the address noted above. After date/time stamping, the bid should be placed in the locked bid cabinet located below the time stamp. If the bid package is too large to be electronically stamped, date/time stamp one (1) of the labels provided and attach it to the proposal package. When the bid package is too large for the locked bid cabinet, ask the security guard to call the Division of Procurement and Contracts reception desk at (916) 227-6000 to have your bid package picked up.

G. Bid opening will be held via teleconference on the date and time specified in Section C, Bid Requirements and Information. Bidders may participate via teleconference by calling 1-866- 700-7952 and entering the pass code 7089821#. Calls will be accepted beginning at 2:20 p.m.

until the conclusion of the bid opening. Bids will be read in Agreement numeric order;

questions will not be allowed; and information will not be repeated. Initial bid opening results will be posted online on the Division of Procurement and Contracts website at https://dot.ca.gov/programs/procurement-and-contracts/bid-results by 3:00 p.m. on the day following the bid opening. The Agreement will be awarded to the lowest responsible bidder meeting the requirements outlined in the IFB after verification and applicable incentives are applied.

H. Bids must include the performance of all the services described herein. Any attempt to modify the bid document to deviate from the work specifications will not be considered and will cause a bid to be rejected.

I. A bid 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 bid on the basis that it is not responsive or from a non-responsible bidder and may waive any immaterial deviation in a bid.

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

J. Costs for developing bids and in anticipation of award of an agreement is entirely the responsibility of the bidder and shall not be charged to the State.

K. Only an individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet. The signature must also indicate the title or position that the individual holds in the firm. A bid with an unsigned Bid/Bidder Certification Sheet may be rejected.

L. A bidder may modify a bid after its submission by first withdrawing the original bid and then by resubmitting a new bid prior to the bid submittal deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

M. A bidder may withdraw a bid by, prior to bid opening, submitting a written withdrawal request to Caltrans, at DPAC.BidUnit@dot.ca.gov, signed by the bidder or an agent authorized to contractually bind the bidding firm. A bidder may thereafter submit a new bid prior to the bid submittal deadline. Bids may not be withdrawn without cause subsequent to bid submittal deadline. Please contact the Caltrans analyst located in this IFB with any questions.

N. Caltrans may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum sent to all parties who received a bid package.

O. Caltrans reserves the right to reject all bids for reasonable cause.

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

Q. Where applicable, the 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.

R. Caltrans does not accept alternate agreement language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. Also, the winning bidder(s) must complete, sign, and submit all pages of the Contractor Certification Clauses (CCC 04/2017) as part of the Agreement award process. Both the GTC 02/2025 and CCC 04/2017 may be viewed at:

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

17. Evaluation and Selection

A. At the time of bid opening, each bid proposal’s total and any small business and/or micro business information (if applicable) will be read aloud. Bids are considered preliminary pending review and verification of applicable bid requirements such as: small business preference, incentives, DVBE, DBE, licensing, bonding, qualifications, or other requirements as stated in the IFB. Agreements will be awarded to the lowest responsive and responsible bidder.

B. Caltrans will check the bid submittal package to verify it received all required documents.

Positive verification of required documents will be performed to determine its responsiveness to the State's needs.

C. Bids 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 bid and meets all the specifications. A bid meets the specifications if it complies with all the requirements in this solicitation. In the event of a tie bid, Caltrans will draw lots to determine the successful bidder. Only one (1) bid may be submitted by an entity: individual, firm, partnership, corporation, joint venture, or combination thereof. Receipt of more than one

(1) bid from an entity will result in all bids from that entity being rejected and returned to the bidder.

18. Award

A. Preliminary bid results may be viewed on the internet after 3:00 p.m. on the first (1st) business day following the bid due date at https://dot.ca.gov/programs/procurement-and-contracts/bid-results.

B. Whenever an Agreement is awarded under a procedure that provides for competitive bidding, but the Agreement is not to be awarded to the low bidder, the low bidder shall be given notice five (5) working days prior to the award of the Agreement by email.

C. Upon written request by any bidder, the Notice of the Intent to Award shall be posted in a public place in the office of the awarding agency, as well as online at https://dot.ca.gov/programs/procurement-and-contracts/notices-of-intent-to-award, for at least five (5) working days prior to awarding the Agreement. This information can also be obtained by contacting the Contract Analyst directly.

D. Upon award of the Agreement, Contractor shall complete and submit to Caltrans, the Payee Data Record (STD 204), to determine if Contractor is subject to State income tax withholding pursuant to California Revenue and Taxation Code Section 18662 et seq. This form can be found on the Internet at https://www.dgs.ca.gov/PD under the heading Forms. No payment shall be made unless a completed STD 204 has been returned to Caltrans.

19. Protest

Bidders have the right to protest the award of Caltrans Agreements subject to the following processes and procedures.

A. Filing a Protest: The initial protest must be submitted to DGS, Office of Legal Services, and Caltrans, Protest Unit, prior to the award of the Agreement. When a protest has been submitted, the Agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter. The written protest must be sent, either via e-mail or regular mail, to the addresses below:

California Department of Transportation (Caltrans) Division of Procurement and Contracts Attention: Bid, Protest, and Dispute Branch Chief 1727 30th Street, MS 65 Sacramento, CA 95816 Phone Number: (916) 639-6322 Email:

DPAC.Protest.Disputes.Terminations@dot.ca.gov

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Phone Number: (916) 376-5080 Email: OLSProtests@dgs.ca.gov

B. Within five (5) days after filing the initial protest, the protesting bidder shall file with DGS and Caltrans, Protest Unit a full and complete written statement specifying the grounds for the protest. The full written protest statement must be sent to the same addresses above.

Note: E-mail is the preferred method of protest delivery. If a bidder uses regular mail, It is suggested that you submit any protest by certified or registered mail.

20. Standard Conditions of Service

A. Service shall not begin prior to the express date set by Caltrans Contract Manager and Contractor, after all approvals have been obtained, and the Agreement is fully executed.

Should Contractor fail to commence work at the agreed upon time, Caltrans Contract Manager, 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 bid price and the actual cost of performing work by the second lowest bidder or by another Contractor.

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

C. Antitrust Provisions

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

2) If the awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, 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, attributable to overcharges that were paid.

3) Upon demand in writing by the assignor, the assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part 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 (Gov. Code Section 4554).

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

E. Loss Leader usage is prohibited in this solicitation: It is unlawful for any person engaged in business within this State to sell or use any article or product as a “loss leader” as defined in California Business and Professions Code Section 17030. “Loss Leader” means any article or product sold at less than cost: 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.

D) Special Programs

The following Special Programs are applicable to this IFB.

1. Disadvantaged Business Enterprise (DBE) Program

A. This solicitation is subject to Title 49, Code of Federal Regulations, Part 26 (49 CFR 26) titled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Although DBE participation goals have not been set for this Agreement, Caltrans encourages the participation of DBEs, as defined in 49 CFR 26, in performing Agreements financed in whole or in part with federal funds. Information about the Federal DBE Program is available at: https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise or https://dot.ca.gov/programs/business-and-economic-opportunity

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 56A0880 BID PROPOSAL Page 1 of 1 ADM-1412 (REV. 9/2025) Attachment 1

Contractor’s Name (Please Print):

Item Number

Estimated Quantity

Unit of Measure

Item Description

Unit Price (Price Per Unit of Measure)

Total (Estimated Quantity

X Unit Price)

Per Hour

All labor, tools, equipment, materials, travel, and work signs necessary to provide Railroad Flagging services per STD 213, Exhibit A, Scope of Work

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

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

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

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

5) Any bid may be rejected if it is unreasonable as to cost. Unreasonable cost includes not only the total cost of the Bid, but costs for individual line items as well.

Total This Proposal

Attachment 2 Required Documents

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

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

☐ Attachment 1 - Bid Proposal (ADM-1412)

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

☐ Disadvantaged Business Enterprise (DBE) Information (DOT ADM-0227F) DBE Information

☐ Bidder/Proposer Disadvantaged Business Enterprise (DBE) Good Faith Efforts Documentation (DOT ADM-0312F) DBE Good Faith Documentation

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

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

☐ Proof of Union Pacific Railroad (UPRR) vendor registration

☐ Valid, current registration with the Department of Industrial Relations (DIR)

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

they are NOT required at time of bid submittal:

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

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

☐ Payee Data Record (STD 204) Payee Data Record

Attachment 3

Proposed Form of Agreement

Note to Bidders: The following pages represent a sample of the Agreement that will be awarded, if any, from this IFB. Please review it carefully and present any questions in writing to the contact identified for this IFB. Do not return this Attachment with your bid.

2. The term of this Agreement is:

Contractor’s Name TBD Agreement Number 56A0880

Exhibit A

Commercial Services Agreement–Federal

Scope of Work

1. Contractor agrees to provide railroad flagging services to the California Department of Transportation (Caltrans), as described herein:

Contractor shall provide all labor, tools, equipment, materials, travel, and work signs necessary to provide railroad flagging services while bridge inspections are being performed by Caltrans personnel. This is a multiple provider, on-call, as needed, Contract:

2. Contractor must be a vendor approved by Union Pacific Railroad (UPRR) to perform flagging services

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

4. The services shall be performed throughout the State of California within the UPRR right of way Flagging Bridge List, Attachment A. Caltrans Contract Manager will contact Contractor via email when services under this Agreement are required and advise at what locations.

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

6. This Agreement will commence on November 1, 2025 (estimate), or upon approval by the State, whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by the State. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by Caltrans Contract Manager. This Agreement shall expire on October 31, 2027 (estimate).

The services shall be provided during daytime and nighttime shifts, depending on the service requested, 24 hours a day seven (7) days a week, except State Holidays.

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

California Department of Transportation (Caltrans)

Contractors Name TBD Section/Unit: District 56/Structures Maintenance and Investigations

Contract Manager: Project Manager:

Address: 1801 30th Street, MS 9-1/9i Sacramento, CA 95816

Address:

Business Phone Number: Business Phone Number:

Email: Email:

8. Assignment of Work

Work will be assigned first to the lowest ranked bidder. When the lowest ranked bidder is unable to accept any additional work, a subsequent bidder will then be called in ascending order (lowest to highest) of their bid amount, up to a total of two (2) bidders.

Rank Contractor Bid Amount

1. TBD $TBD

2. TBD $TBD

9. Contracting Work Through Service Request

A. Work shall be assigned by Caltrans Contract Manager to Contractor through issuance of a Service Request that describes the specific location for which services are needed.

See Sample Service Request, Attachment B.

B. Contractor shall only perform work that is authorized and described in the Service Request, with a railroad written authorization document such as a right of entry permit, agreement, license, Maintenance Consent Letter, or any other required documentation from Railroad.

C. Contractor shall maintain a complete project file for each specific work request performed under the Agreement (including a copy of all invoices with daily reporting of flagger activities). This file shall be made available to Caltrans Contract Manager during normal work hours and shall be transferred to Caltrans upon completion of work under the Service Request.

D. Caltrans shall maintain a complete project file for each specific work request performed under the Agreement (including a copy of all invoices with daily reporting of flagger activities). This file shall be made available to Caltrans Contract Manager during normal work hours and shall be transferred to Caltrans upon completion of work under the Service Request.

E. Caltrans Contract Manager will identify all work locations at least ten business days in advance of the proposed inspection date(s) under this Agreement in a Service Request which shall provide:

1) The Service Request form, scheduled date of inspection, and inspection location

2) Sufficient data to tie the Service Request to the Contract, including

a) Agreement Number 56A0880

b) Service Request Number

c) Name and Signature of Caltrans Contract Manager (as written approval)

d) Name of Requester

e) Date of Request

f) Date Services Required

g) Cost Estimate

F. Contractor shall not commence performance of work or services until a Service Request has been issued by Caltrans Contract Manager and accepted by Contractor Representative.

G. Service Requests may not be used to amend this Agreement and may not exceed the scope of work under this Agreement.

H. If Contractor fails to satisfactorily complete a deliverable according to the schedule set forth in a Service Request, no payment will be made until the deliverable has been satisfactorily completed and accepted by Caltrans Contract Manager.

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

A. Contractor shall provide flagging services for the UPRR right of way as requested by Caltrans Contract Manager and stipulated by the Railroad Representative. Flagging services under this Agreement shall include, but are not limited to:

1) The railroad flagman or flagmen shall ensure the safety of crews working on or near a railroad track, during bridge inspection or if personnel are on or near railroad tracks.

2) The flagman or flagmen shall stand near the railroad and signal the train operators to slow down or stop.

3) The flagman or flagmen may hold a flag, activate a light or sign, or have radio contact with the train operator.

4) Flags used for signaling shall be a minimum of 24” inches square made of high-grade red material and securely fastened to a staff at least three (3’) feet long.

5) The flagman or flagmen shall wear appropriate vest, shirt or jacket for the working conditions needed.

B. In the event of a Service Request cancellation, Caltrans will provide Contractor with a minimum 24-hour notice. Contractor shall be compensated eight (8) hours of work in the event Caltrans fails to provide a minimum 24-hour notice.

C. Contractor shall provide all labor, tools, equipment, materials, travel, and work signs necessary to provide flagging services within the UPRR right of way while bridge inspections are being performed by Caltrans personnel which shall be directed and authorized by Caltrans Contract Manager and/or the Caltrans Engineer. The cost of these items is considered as included in the rates set forth in Bid Proposal, Attachment 1 and no additional compensation shall be paid.

D. The records and/or accounts of Contractor relating to the services provided under this Agreement shall be open for inspection and audit by State and/or federal government for a period of three (3) years from the date final payment is received by Contractor.

E. Caltrans shall obtain any temporary right of entry permit, agreement, license, Maintenance Consent Letter, and/or other required documentation from UPRR prior to Contractor’s entry onto UPRR right of way.

11. Acceptance of Work

A. Caltrans Contract Manager may periodically review Contractor’s work to confirm Contractor is in compliance with all safety requirements and is in communication with other check points. Caltrans shall also periodically review Contractor’s work to assess progress and quality of the services provided.

B. It is the responsibility of the on-site Caltrans representative to confirm and approve that Contractor reported to the work site and completed work as requested. A signed copy of Contractor’s daily work report will be provided to Caltrans Contract Manager at the end of each workday that the work is complete and ready for acceptance. Work is subject to inspection and approval by Caltrans representative. Caltrans Contract Manager shall have the ultimate responsibility and authority to determine whether Contractor’s satisfied Contractor’s duties and obligations under the Agreement. Approval of work constitutes approval for payment and not transference or termination of Contractor’s responsibility to perform work in accordance with the terms of the Agreement, and any work that needs correction shall be made at Contractor's sole cost and expense and in a timely manner.

C. Failure to begin work and to complete work as required by this Agreement shall be considered grounds for termination of this Agreement

12. Waste Disposal

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

Exhibit B

Budget Detail and Payment Provisions

1. Invoicing and Payment

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

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

B. In compliance with the recent passage of the revised regulation (Title 49 Code of Federal Regulations (CFR) Section 26.37), the Disadvantaged Business Enterprises Utilization Report (ADM-3069) is required, as specified, in this Agreement.

Contractor shall submit a Disadvantaged Business Enterprises Utilization Report (ADM- 3069), Attachment C, with each invoice. Also refer to Exhibit D, Special Terms and Conditions.

Failure to provide the ADM-3069 with the invoice will result in 25 percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Contractor when a satisfactory ADM-3069 is submitted to Caltrans Contract Manager.

C. Both Federal and State prevailing wage requirements apply to this Agreement.

Contractor shall ascertain which prevailing wage determination applies for each type of work performed. Where there is a conflict in State and Federal prevailing wage rates for the same work, Contractor shall pay the higher of the two rates.

D. Contractor shall submit a certified copy of all payroll records for verification by Caltrans Contract Manager and/or designee with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by Contractor.

E. Invoices shall be submitted showing the Service Request for each billable hour increment. When Service Requests are negotiated, the appropriate elements will be identified by Contract Manager.

F. Each invoice shall include:

1) Agreement Number 56A0880

2) Date(s) of Service

3) Location of Service

4) Hourly Rates

5) Service Request Number(s)

6) Description of On-Call Service Request

G. Each invoice shall be submitted in triplicate to:

California Department of Transportation (Caltrans) District 56/Structure Maintenance and Investigations, MS 9-1/9i Attention: TBD 1801 30th Street, MS 9-1/9i Sacramento, CA 95816

2. Budget Contingency Clause

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

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

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

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

E. Caltrans has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds. Refer to Exhibit D, Section 2, Termination.

3. Prompt Payment Clause

A. Payment will be made in accordance with, and within the time specified in, Government Code, Chapter 4.5, commencing with Section 927.

B. Pursuant to 49 Code of Federal Regulations, Part 26.29(b), Caltrans will not withhold payment from Contractor, and Contractor, and any of its subcontractors, shall not withhold payment from any subcontractor when the Agreement is Federally funded.

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

4. Cost Limitation

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

B. This is a multiple provider contract. This Contract’s cost limitation is limited to (Contract 56A0880-A) the lowest responsive responsible bidder’s contract price. Each Contractor’s rate(s) for services will be paid in accordance with its Bid Proposal, Attachment 1. It is understood and agreed that this total is an estimate, and that Caltrans will pay only for those services actually rendered as authorized by Caltrans Contract Manager up to the total amount set forth in section A, above.

5. Excise Tax

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

6. Cost Principles

A. Contractor agrees that the Contract Cost Principles and Procedures in 48 CFR, Part 31, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, in 2 CFR, Part 200, shall be used to determine the allowable individual items of cost.

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

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

7. Costs Included in Bid Rates

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

B. Contractors shall make travel and subsistence payments to each worker in compliance with Labor Code Sections 1773.1 and 1773.9. Travel and subsistence requirements are available on the Department of Industrial Relations (DIR) website at:

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

8. Payroll Records

A. Contractor and each Subcontractor shall comply with the following provisions. Contractor shall be responsible for compliance by his/her subcontractors.

1) Each Contractor and Subcontractor shall keep accurate payroll records and supporting documents as mandated by Labor Code Section 1776 and as defined…