Solictation_Package_56A0819.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 16, 2024

Invitation for Bid (IFB)

IFB # 56A0819

Notice to Prospective Bidders

You are invited to review and respond to this IFB 56A0819 titled Underwater Bridge Inspection Services. 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 Contractors willing to commit to subcontracting a minimum of twenty-five percent (25%) of their net price to certified SBs or MBs (if applicable) are encouraged to submit bids. See Section D, Special Programs in this IFB for requirements.

A Disabled Veteran Business Enterprise (DVBE) participation requirement is not required, but DVBE participation is encouraged, and a DVBE incentive does apply to this IFB. 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 Proposed Form of Agreement, Exhibit B 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 (ATTACHMENTS 1 & 2) OR THE

DOCUMENT LINK IS PROVIDED ON ATTACHMENT 3, REQUIRED DOCUMENTS.

Sincerely, Christian Miller Contract Analyst

Invitation for Bid IFB Number 56A0819

A) Purpose and Description of Services

1. Contractor shall furnish all labor, equipment, tools, parts, materials, supplies, traffic control, travel, and incidentals necessary to provide periodic safety inspections of the underwater elements of state and local agency bridges as defined by the National Bridge Inspection Standards (NBIS). In accordance with the NBIS, Contractor agrees to provide qualified inspection divers, related dive support crew, and equipment to perform Underwater Element Condition Assessments of State and Local Agency Bridges and related structures for the California Department of Transportation (Caltrans).

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

B) Bidder’s Minimum Qualifications

1. Bidder and/or subcontractor performing underwater bridge inspections shall have taken and passed National Highway Institute-Federal Highway Administration (NHI FHWA-NHI-130091) (Underwater Bridge Inspection) or comply with National Bridge Inspection Standards (NBIS) 23 CFR 650.309 (e).

2. Bidder and/or subcontractor shall have a valid and current Association of Diving Contractors International (ADCI) certification. Additional requirements include but are not limited to current diver certifications for the work being conducted, current First Aid/CPR/AED and O2 Administration, and a current fit-to-dive medical statement.

3. Bidder shall possess at the time of bid submittal and for the duration of the Agreement, a valid and current registration with the Department of Industrial Relations (DIR). Caltrans will verify bidder’s DIR registration; it is not necessary to provide a copy.

4. 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 16, 2024

Written Question Submittal October 24, 2024

Final Date and Time for Bid Submission October 31, 2024 2:00 p.m.

Bid Opening October 31, 2024 2:30 p.m.

Proposed Award Date (estimate) November 8, 2024

2. Questions and Answers

A. Questions regarding this IFB must be submitted by October 24, 2024. 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. 56A0819.

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) or contractors who commit to subcontracting a minimum of 25 percent (25%) of their net bid price to SB, MB, or SB-PW, in the categories most appropriate to accomplish the prescribed services 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 Contra Costa, Imperial, Lassen, Los Angeles, Marin, Merced, Modoc, Monterey, Orange, Placer, Sacramento, San Diego, San Francisco, San Joaquin, Santa Barbara, Santa Cruz, and Tulare, 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 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.

6. Federal Prevailing Wage Rates

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

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. Subcontractors

Bidder may subcontract portions of the work as defined in the attached Proposed Form of Agreement, Exhibit A. If a subcontractor(s) is/are used, complete the Subcontracting Provisions/List (ADM-1511). Bidder must ensure that the subcontractor(s) will have all necessary licenses, permits, and/or certifications to accomplish its portion of the work. Failure of a subcontractor(s) to have the proper licenses, permits, and/or certifications, shall be cause for rejection of bid.

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

Caltrans, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Statute 252, 42 USC Sections 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any Agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

12. 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.

13. California Civil Rights Laws

Any person that submits a bid 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 is submitted, that they satisfy all of the conditions set forth in California Public Contract Code Section 2010. The winning bidder shall execute the California Civil Rights Laws Certification (ADM-0076), completed, signed, and returned with their Bid Proposal.

14. 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 (ADM-0077) and submit with their Bid 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 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 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).

15. Iran Contracting Act

A. Pursuant to the Iran Contracting Act of 2010 (Pub. Cont. Code Sections 2200 et seq., hereinafter “the Act”), persons identified on the list established under Public Contract Code Section 2202.5 (hereinafter “List”) are ineligible to bid on, submit a proposal for, enter into, or renew any Agreement with the State for goods or services of one million dollars or more.

B. Bidders who submit a Bid Proposal must complete and submit to Caltrans with their Bid Proposal, the Iran Contracting Act Certification ADM-0078, certifying that it is not on the most current List unless the person is exempted from the certification requirement by Public Contract Code Section 2203(c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or

(d) with its bid or proposal.

C. Any person, for an Agreement that is exempt from bidding or is renewed, or for whom an Agreement is otherwise awarded by the State, must complete and submit to Caltrans ADM- 0078, certifying that it is not on the most current List, before the Agreement has been executed by the parties, unless the person is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d), before execution of the Agreement.

16. 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 Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

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

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

B. 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.

18. 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. 56A0819 Bid Due Date: October 31, 2024 Bid Due Time: 2:00 p.m.

Bid Opening Date: October 31, 2024

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, 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 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 at 2:30 p.m. on the date 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 as stated in Evaluation and Selection below.

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 attached 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 in accordance with Section K above. 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 on page 1 of 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 Contractor Certification Clauses (CCC 04/2017) as part of the Agreement award process. Both the GTC 04/2017 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.

19. 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. Each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB. 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.

20. 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.

21. 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) 639-6340 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.

22. 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. Small Business (SB) or Microbusiness (MB) Preference

A. Government Code Section 14835 et seq. requires that a five percent (5%) preference be given to contractors who qualify as a Certified SB or MB. References to a small business (SB) shall also include micro-business (MB). The rules and regulations of this law, including the definition of a SB for the delivery of services, are contained in Title 2, California Code of Regulations, Section 1896 (2 CCR Section 1896) et seq.

B. To claim the SB or MB preference, Contractor must have its principal place of business located in California, satisfy all of the SB or MB requirements, and be certified by the California Department of General Services (DGS), Office of Small Business and Disabled Veteran Business (DVBE) Services (OSDS). The preference amount may not exceed fifty thousand dollars ($50,000) for any bid. If prospective contractor is claiming the five percent (5%) certified SB or MB preference, complete Section 16 of the attached Bid/Bidder Certification Sheet. Additionally, Contractor may satisfy the non-SB requirements described below.

C. Pursuant Government Code Section 14838 and 2 CCR Section 1896, if a bidder is not a certified SB, but wishes to be eligible for the five percent (5%) non-small business (NSB) preference, the bidder must subcontract at least twenty five percent (25%) of its net bid price to one or more certified SBs. If bidder is claiming the five percent (5%) non-SB (NSB) preference, complete Section 17 of the attached Bid/Bidder Certification Sheet, as well as Subcontracting Provisions/List, ADM-1511. The bidder shall list the names of all certified SB firms being claimed for credit. Bidders must include quotes from each subcontractor, on the subcontractor letterhead. The quote must at minimum include the following: 1) type of services performed, or goods supplied 2) estimated hours, or quantity of goods 3) hourly rate, or unit price 4) total quote amount. This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

D. Certified SB and MB bidder(s) shall have precedence over NSB bidders in the application of SB preference(s).

E. SB preferences may not be applied to any bid deemed non-responsive with the solicitation instructions or from a non-responsible bidder.

F. Questions regarding the certification approval process or SB program should be directed to OSDS at (800) 559-5529 or (916) 375-4940, or by email:osdshelp@dgs.ca.gov.

G. SB or MB bidders or bidders using the “Non-Small Business” preference shall be granted a preference consisting of five percent (5%) of the lowest responsible bidder’s total bid if the lowest bid is from a non-certified SB or MB.

H. Additional references are at https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement- Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran- Business-Enterprise.

2. Disabled Veteran Business Enterprise (DVBE) Programs

A. DVBE Participation Program with No Participation Requirements:

DVBE participation is not required, but DVBE participation is encouraged, and a DVBE incentive will apply to this IFB as described below. Please review the DVBE Program Requirements: https://www.dgs.ca.gov/- /media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&hash=

FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C

B. DVBE Incentive Program

1) The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE Participation Program and was established in Military and Veterans Code Sections 999 et seq., and Title 2, California Code of Regulations, Section 1896.99 (2 CCR Section1896.99) et seq to encourage bidders to partner with DVBE subcontractors. A dollar cap of $100,000 is set for all combined incentives and preferences. The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. Any responsive and responsible bidder with the confirmed DVBE participation per the Table in paragraph 3) below is eligible to receive the incentive. Bidders who are not responsive and responsible are not eligible to receive the incentive.

2) Caltrans will apply an incentive to bids proposing the utilization of DGS-certified DVBE firms identified on the Bidder Declaration (GSPD-05-105). Information provided on the GSPD-05-105 shall be verified by Caltrans prior to the award of the Agreement. The incentive amount is equal to a percentage of the lowest responsive and responsible bid based on the amount of DVBE participation in the bid being evaluated per the Tables below.

3) Table able for IFB (Low Price Method):

No Participation Requirement

Verified DVBE Participation DVBE Incentive Amount

5% or more 5%

4%-4.99% 4%

3%-3.99% 3%

2%-2.99% 2%

0.1%-1.99% 1%

4) When applying the DVBE Incentive, an NSB shall not displace or otherwise supersede an award to a DGS Certified Small Business.

5) Please review the DVBE Program Requirements: https://www.dgs.ca.gov/- /media/Divisions/PD/OSDS/Certification/DVBE/DVBEProgramRequirements.pdf?la=en&ha sh=FBCA257A3ED083F3DBB85ECEEB37013CBCF0545C.

6) Additional information: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement- Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran- Business-Enterprise.

3. Disadvantaged Business Enterprises (DBE) Program

For Agreements with No DBE Participation Goals

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

BID PROPOSAL

Agreement Number 56A0819

ADM-1412 (REV. 04/2023)

Contractor’s Name (Please Print):

Item No.

Estimated Quantity

Unit of Measure Item

Unit Price (Price Per Unit of

Measure)

Total (Estimated Quantity

X Unit Price)

1 1 Each

Contractor shall furnish all labor, equipment, tools, parts, materials, supplies, traffic control, travel, dive plans, and incidentals necessary to provide periodic safety inspections of the underwater elements of **Bridge Number 07 0007, Located in Lassen County as described in the STD 213, Exhibit A, Scope of Work

2 1 Each ** Bridge Number 03C0039, located in Modoc County as described in the STD 213, Exhibit A, Scope of Work.

3 1 Each ** Bridge Number 03C0078, located in Modoc County as described in the STD 213, Exhibit A, Scope of Work.

4 1 Each ** Bridge Number 19C0069, located in Placer County as described in the STD 213, Exhibit A, Scope of Work.

5 1 Each ** Bridge Number 24C0578, located in Sacramento County as described in the STD 213, Exhibit A, Scope of Work.

6 1 Each ** Bridge Number 28 0220, located in Contra Costa County as described in the STD 213, Exhibit A, Scope of Work.

7 (Sum of line items 1-6) $

Agreement Number 56A0819

ADM-1412 (REV. 04/2023)

8 1 Each ** Bridge Number 27C0023, located in Marin County as described in the STD 213, Exhibit A, Scope of Work.

9 1 Each ** Bridge Number 27C0124, located in Marin County as described in the STD 213, Exhibit A, Scope of Work.

10 1 Each ** Bridge Number 34 0046, located in San Francisco County as described in the STD 213, Exhibit A, Scope of Work.

11 1 Each ** Bridge Number 34 0100, located in San Francisco County as described in the STD 213, Exhibit A, Scope of Work.

12 1 Each ** Bridge Number 34 0123L, located in San Francisco County as described in the STD 213, Exhibit A, Scope of Work.

13 1 Each ** Bridge Number 34 0123R, located in San Francisco County as described in the STD 213, Exhibit A, Scope of Work.

14 1 Each ** Bridge Number 34C0024, located in San Francisco County as described in the STD 213, Exhibit A, Scope of Work.

15 1 Each ** Bridge Number 34C0025, located in San Francisco County as described in the STD 213, Exhibit A, Scope of Work.

16 1 Each ** Bridge Number 34C0027, located in San Francisco County as described in the STD 213, Exhibit A, Scope of Work.

17 (Sum of line items 8-16) $

Agreement Number 56A0819

ADM-1412 (REV. 04/2023)

18 1 Each ** Bridge Number 34C0076, located in San Francisco County as described in the STD 213, Exhibit A, Scope of Work.

19 1 Each ** Bridge Number 44 0216L, located in Monterey County as described in the STD 213, Exhibit A, Scope of Work.

20 1 Each ** Bridge Number 44 0216R, located in Monterey County as described in the STD 213, Exhibit A, Scope of Work.

21 1 Each ** Bridge Number 44C0093, located in Monterey County as described in the STD 213, Exhibit A, Scope of Work.

22 1 Each ** Bridge Number 51 0161, located in Santa Barbara County as described in the STD 213, Exhibit A, Scope of Work.

23 1 Each ** Bridge Number 51 0217, located in Santa Barbara County as described in the STD 213, Exhibit A, Scope of Work.

24 1 Each ** Bridge Number 36C0008, located in Santa Cruz County as described in the STD 213, Exhibit A, Scope of Work.

25 1 Each ** Bridge Number 46C0123, located in Tulare County as described in the STD 213, Exhibit A, Scope of Work.

26 1 Each ** Bridge Number 53 0060, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

27 (Sum of line items 18-26) $

Agreement Number 56A0819

ADM-1412 (REV. 04/2023)

28 1 Each ** Bridge Number 53 0302L, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

29 1 Each ** Bridge Number 53 0302R, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

30 1 Each ** Bridge Number 53 0719, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

31 1 Each ** Bridge Number 53 1166, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

32 1 Each ** Bridge Number 53 1185, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

33 1 Each ** Bridge Number 53 1737H, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

34 1 Each ** Bridge Number 53C0135L, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

35 1 Each ** Bridge Number 53C0135R, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

36 1 Each ** Bridge Number 53C0139, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

37 (Sum of line items 28-36) $

Agreement Number 56A0819

ADM-1412 (REV. 04/2023)

38 1 Each ** Bridge Number 53C0261, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

39 1 Each ** Bridge Number 53C0283L, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

40 1 Each ** Bridge Number 53C0283R, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

41 1 Each ** Bridge Number 53C0459, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

42 1 Each ** Bridge Number 53C0551L, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

43 1 Each ** Bridge Number 53C0551R, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

44 1 Each ** Bridge Number 53C0573, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

45 1 Each ** Bridge Number 53C0641, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

46 1 Each ** Bridge Number 53C0645, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

47 (Sum of line items 38-46) $

Agreement Number 56A0819

ADM-1412 (REV. 04/2023)

48 1 Each ** Bridge Number 53C0652, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

49 1 Each ** Bridge Number 53C0927, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

50 1 Each ** Bridge Number 53C0932, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

51 1 Each ** Bridge Number 53C1263, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

52 1 Each ** Bridge Number 53C1435, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

53 1 Each ** Bridge Number 53C1457, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

54 1 Each ** Bridge Number 53C1998, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

55 1 Each ** Bridge Number 53C2106, located in Los Angeles County as described in the STD 213, Exhibit A, Scope of Work.

56 1 Each ** Bridge Number 39 0107, located in Merced County as described in the STD 213, Exhibit A, Scope of Work.

57 (Sum of line items 48-56) $

Agreement Number 56A0819

ADM-1412 (REV. 04/2023)

58 1 Each ** Bridge Number 29 0173L, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

59 1 Each ** Bridge Number 29 0173R, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

60 1 Each ** Bridge Number 29 0176L, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

61 1 Each ** Bridge Number 29 0176R, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

62 1 Each ** Bridge Number 29 0233H, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

63 1 Each ** Bridge Number 29 0236F, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

64 1 Each ** Bridge Number 29 0237L, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

65 1 Each ** Bridge Number 29 0237R, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

66 1 Each ** Bridge Number 29 0238K, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

67 (Sum of line items 58-66) $

Agreement Number 56A0819

ADM-1412 (REV. 04/2023)

68 1 Each ** Bridge Number 29 0238S, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

69 1 Each ** Bridge Number 29C0088, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

70 1 Each ** Bridge Number 29C0094, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

71 1 Each ** Bridge Number 29C0189, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

72 1 Each ** Bridge Number 29C0242, located in San Joaquin County as described in the STD 213, Exhibit A, Scope of Work.

73 1 Each ** Bridge Number 58 0118, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

74 1 Each ** Bridge Number 58 0120, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

75 1 Each ** Bridge Number 58 0133, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

76 1 Each ** Bridge Number 58 0136, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

77 (Sum of line items 68-76) $

Agreement Number 56A0819

ADM-1412 (REV. 04/2023)

78 1 Each ** Bridge Number 58 0142, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

79 1 Each ** Bridge Number 58 0219, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

80 1 Each ** Bridge Number 58 0245, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

81 1 Each ** Bridge Number 58 0298, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

82 1 Each ** Bridge Number 58 0299, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

83 1 Each ** Bridge Number 58C0006, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

84 1 Each ** Bridge Number 58C0017, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

85 1 Each ** Bridge Number 58C0019, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

86 1 Each ** Bridge Number 58C0022, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

87 (Sum of line items 78-86) $

Agreement Number 56A0819

ADM-1412 (REV. 04/2023)

88 1 Each ** Bridge Number 58C0026, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

89 1 Each ** Bridge Number 58C0027, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

90 1 Each ** Bridge Number 58C0038, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

91 1 Each ** Bridge Number 58C0064, located in Imperial County as described in the STD 213, Exhibit A, Scope of Work.

92 1…