08A2657.pdf

Solicitation No. 08A2657

The following is the Table of Contents for the State Minor B Internet Bid Package documents:

Table of Contents 1 Page

Return Address for Bid Documents 1 Page

Invitation for Bid – Cover Letter 2 Pages General Bidders Instructions/Checklist 1 Page

Proposed Form of Agreement, STD. 213 2 Pages

Certified DVBE Summary 1 Page Small Business Status 1 Page

Request for Small Business Preference or Non-Small Business Preference 1 Page

Certified Small Business Listing For The Non-Small Business Preference 1 Page Contract Requirements 2 Pages

California Company Preference 1 Page Bidder’s Bond 1 Page CCC-307 Contractor Certification Clauses 4 Pages Information Handout 36 Pages Specifications 50 Pages Revised Standard Specifications Applicable to the 2010 Edition of The Standard Specification

The Bid Package contains 35 Project Plans for this project.

Your signed Bid documents must be submitted in a sealed envelope with the following information on the envelope as provided in the sample below:

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

YOUR RETURN ADDRESS

State Minor B

Solicitation No. 08A2657 Bid Due Date: April 7, 2016 Bid Due Time: 2:15 PM Bid Opening: 3:00 PM Attn: Arlena Strauch

Department of Transportation Division of Procurement and Contracts

ATTN: Bid Unit 1727 30th Street, 4th Floor, MS-65 Sacramento, CA 95816-7006

BID SUBMITTED DO NOT OPEN

If your quote is HAND DELIVERED, you must date and time-stamp it 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, quotes should be placed in the locked quote cabinet located below the time stamp. If the price quote package is too large to be electronically stamped, date/time stamp label provided and attach it to the price quote package.

When the quote package is too large for the locked quote cabinet, ask the security guard to call the Contracts’ reception desk, (916) 227-6000, to have your quote package picked up by Division of Procurement and Contracts staff.

Postage

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”

STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor

DEPARTMENT OF TRANSPORTATION

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th STREET, MS-65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

FAX (916) 227-6155

TTY 711

http://caltrans-opac.ca.gov

Serious drought.

Help save water!

INVITATION FOR BID (IFB)

Contract No. 08A2657 Bid Due Date: April 7, 2016

The California Department of Transportation (Caltrans/ Department) has issued the enclosed Invitation for Bid (IFB) for services described in the enclosed Notice to Bidders.

Please read the entire contract package and all attachments carefully. If you desire to bid, complete the Bid Proposal and return the original in a sealed envelope. Your signature affixed to and dated on the bid proposal shall constitute a certification under penalty of perjury, unless exempted, that you have complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103, and the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964, and 49 CFR Part 21.

Any business used to meet DVBE requirements must be certified by the Department of General Services, Office of Small Business and DVBE Services. Award of this contract will be to the lowest responsible bidder whose bid complies with all requirements as described in this Invitation for Bid.

A Bid Bond is required at the time of bid opening equal to ten percent (10%) of the bid amount. If the Contract amount is more than $25,000, a Payment Bond is required when the contract is awarded. Bids may be rejected if they are not properly completed or show any alteration of the form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

Small Business Preference of five percent (5%) will be granted in accordance with California Government Code Section 14835, et seq. and as contained in Title 2, California Code of Regulations, Section 1896 et seq., as indicated on DES-OE-0102.7 in this Invitation for Bid.

Sealed bids must be received no later than 2:15 PM on April 7, 2016, at the following location:

Division of Procurement and Contracts 1727 30th Street, 4th Floor, MS-65

Sacramento, CA 95816-7006

LATE BIDS WILL NOT BE ACCEPTED

Invitation for Bid

If your bid is HAND DELIVERED, you must date and time-stamp it 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, bids should be placed in the locked bid cabinet located below the date/time stamp machine. If the bid package is too large to be electronically stamped, date/time stamp the label provided and attach it to the bid package. When the bid package is too large for the locked bid cabinet, ask the security guard to call the DPAC reception desk, (916) 227-6000, to have your bid package picked up by DPAC staff.

Bid Openings are public and may be attended in person or listened to by calling 1-866-700-7952 and entering the pass code 7089821. Calls will be accepted beginning at 2:50 PM until the conclusion of the Bid Opening.

Bids will be read in Contract number order; questions will not be allowed; and information will not be repeated.

NOTIFICATION OF RIGHT TO PROTEST

Bidders have the right to protest the award of the Department contracts subject to the following grounds, processes and procedures.

1. Grounds for Filing a Protest

The right to protest the proposed award of a contract is afforded any bidders who claim they should have been awarded the contract because they were the lowest responsible bidder meeting the specifications.

2. Protest Process

A protest can be filed only after the issuance of the applicable contract award notices as specified below and prior to actual award:

a. At least five (5) working days before awarding the contract, the Department will notify the lowest bidder that the contract is to be awarded to another bidder. The notification must be by telegram, fax, overnight courier, or personal delivery.

b. On written request from any bidder, the Department must post a public “Notice of Intent to Award” the contract.

3. Filing a Protest

Submit a detailed written statement of protest, including IFB number, to the Office listed below:

Division of Procurement & Contracts Attention: Bid, Protest, & Dispute Branch Chief 1727 30th Street, MS-65 Sacramento, CA 95816

Phone Number: (916) 227-6096 Fax Number: (916) 227-1950

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”

STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th STREET, MS-65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

FAX (916) 227-6155

TTY 711

http://caltrans-opac.ca.gov

Serious drought.

Help save water!!

GENERAL BIDDERS INSTRUCTIONS / CHECKLIST

Solicitation Number 08A2657

Items CHECKED below must be completed and returned with your bid proposal in a sealed envelope. Please return the checked items ONLY.

Bids omitting this information may be regarded as non-responsive and rejected.

Bid Proposal (ADM-1509). Complete and sign the 2 Bid Proposal Sheet(s).

Subcontractor List (DES-OE-0102.2C). List all subcontractors including DVBEs as applicable to the requirements of this solicitation.

Certified DVBE Summary (Form DES-OE-0102.5) - Please complete and sign the form included in the Invitation for Bid. Refer to this solicitation’s Section 2-1.15B, for the submittal of DVBE requirements.

Request For Small Business Preference or Non-Small Business Preference (Form DES-OE-0102.7) (Use only if claiming Small Business Preference.)

Certified Small Business Listing For The Non-Small Business Preference (Form DES-OE-0102.8) (Use only if claiming Non-Small Business Preference.)

Small Business Status (Form DES-OE-0102.4)

Contract Requirements(Form ADM-0378)

California Company Preference (Form DES-OE-0102.9)

Bidder’s Bond (Form DES-OE-0102.3), Cash, Cashiers Check, or Certified Check made payable to CALTRANS in an amount equal to at least ten percent (10%) of the bid amount.

CCC-307 Contractor Certification Clauses

The following forms and information will be required at the time of contract award and signature.

Payment Bond (Form ADM-2009)

Certificate(s) of Insurance

Recycle Content Certification (Form ADM-2038)

Payee Data Record (Form STD-204) - This form is designed to allow Contractors to self-report information needed for accurate and complete reporting of Contractor payment income. Completion of this form is required by all Contractors providing goods and/or services to the State of California.

CONTRACT WILL NOT BE EXECUTED WITHOUT THESE DOCUMENTS.

STATE OF CALIFORNIA

STANDARD AGREEMENT

STD 213 (Rev 06/03)

AGREEMENT NUMBER

08A2657

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY'S NAME

California Department of Transportation (Caltrans)

CONTRACTOR'S NAME

To Be Determined (TBD)

2 The term of this

Agreement is: 50 Working Days

3. The maximum amount $ of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

PROPOSED FORM OF AGREEMENT

DO NOT COMPLETE

Continued on the reverse side and on following sheets, each bearing the Agreement/Contract

The provisions on the reverse side hereof constitute a part of this Agreement.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR California Department of General Services Use Only

CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)

TBD

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

TBD

ADDRESS

TBD

STATE OF CALIFORNIA

AGENCY NAME

California Department of Transportation (Caltrans) BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per: PCC §10107 & §10295

SCM §10.00

ADDRESS

CONTRACT NO. 08A2567

1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract.

2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in an independent capacity and not as officers or employees or agents of State of California.

3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand.

4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part.

5. Time is of the essence in this agreement.

6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

s114402 Text Box

STATE OF CALIFORNIA ● DEPARTMENT OF TRANSPORTATION CONTRACT NO. 08A2567

CERTIFIED DVBE SUMMARY

DES-OE-0102.5 (REV 12/2010)

DISTRICT-COUNTY-ROUTE: - -

CONTRACT NO.:

TOTAL BID:

BID OPENING DATE:

BIDDER’S NAME:

DVBE PRIME CONTRACTOR CERTIFICATION1

Bid Item Number

Description of Work to be Subcontracted to DVBE or Materials to be Supplied by DVBE 2

For Caltrans

Only

DVBE (Name, Telephone No., and Certification No.)

$ Amount

Names of first tier DVBE subcontractors and their items of work listed must be consistent with the names and items of work in the Subcontractor List (Pub Cont Code § 4100 et seq.) submitted with the bid. Identify second and lower tier subcontractors on this form.

Total Claimed Participation

1. DVBE prime contractors must enter their DVBE reference number or their DBA name as listed with Department of General Services (DVBE prime contractors are credited with 100 percent DVBE participation and need not complete the above table).

2. If 100% of an item is not performed or supplied by the DVBEs, describe the exact part, including the planned location of work to be performed, of item to be performed or supplied by DVBE.

3. The bidder’s DVBE information shall include the names of DVBE firms and/or DVBE joint venture partners to be used, that will participate, with a complete description of work or supplies to be provided by each, the dollar value of each DVBE transaction, and a written confirmation on company letterhead from the DVBE that it is participating in the contract. A copy of the DVBE’s quote will serve as written confirmation that the DVBE is participating in the contract.

Signature of Bidder Date

(Area Code) Telephone Number

Contact Person (Type or Print)

ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

s114402

CONTRACT NO. 08A2657

STATE OF CALIFORNIA·DEPARTMENT OF TRANSPORTATION CONTRACT NO. 08A2567

CONTRACT REQUIREMENTS (ADM-0378)

(Page 1 of 2)

NOTICE TO CONTRACTOR

This form must be completed as noted and returned with the Contract prior to the contract being executed by the Department of Transportation.

EMPLOYMENT OF UNDOCUMENTED WORKERS

Under Pub Cont Code § 6101, the Bidder certifies compliance with state and federal law respecting the employment of undocumented workers.

NONCOLLUSION

NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

Under PCC 7106 and 23 USC 112, the bidder declares as follows:

State of California County of ________________________________ _______________________________________________, being first duly sworn, deposes and says that he or she is ____________________________________ of ___________________________________________________ the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

CHILD SUPPORT COMPLIANCE ACT

Under Pub Cont Code § 7110, the contractor acknowledges that:

1. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

2. The contractor to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the Employment Development Department.

VIOLATION OF LAW OR A SAFETY REGULATION

Under Pub Cont Code § 10162, the Bidder must complete, under penalty of perjury, the following questionnaire:

Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?

Yes No If the answer is yes, explain the circumstances in the following space.

STATE OF CALIFORNIA·DEPARTMENT OF TRANSPORTATION CONTRACT NO. 08A2567

CONTRACT REQUIREMENTS (ADM-0378)

(Page 2 of 2)

NATIONAL LABOR RELATIONS BOARD

Under Pub Cont Code § 10232, the contractor, swears under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the contractor within the immediately preceding two year period because of the contractor's failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board.

ANTITRUST LAW

Under Pub Con Code § 10285.1, the Bidder declares under penalty of perjury under the laws of the State of California that the Bidder has has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Pub Cont Code § 1101, with any public entity, as defined in Pub Cont Code § 1100, including the Regents of the University of California or the Trustees of the California State University. The term "Bidder" includes any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

If the Bidder has been convicted of an offense within the past 3 years, provide the conviction details including the date and ultimate resolution of each conviction in the space below.

BIDDER RESPONSIBILITY QUESTIONNAIRE

Failure to truthfully answer the following questions will result in a finding that the bid is nonresponsive. The Bidder must complete, under penalty of perjury, the following questionnaire:

1. Within the past 10 years, has the Bidder been found to be a nonresponsible bidder by any public entity, including federal, State, local, or regional entities?

Yes No

2. Within the past 10 years, have any of the Bidder's officers or employees with a proprietary interest in the Bidder been determined to be a nonresponsible bidder by a public entity, including federal, State, local or regional entities?

Yes No

3. Is there any officer or employee of the Bidder who now has or has had any proprietary interest in another company that bid or bids on public works projects whose company has been determined to be a nonresponsible bidder by any public entity, including federal, State, local, or regional entities?

Yes No

4. If the answer to any of the 3 preceding questions is yes, disclose all pertinent details of the determination of nonresponsibility, including:

4.1. Date of each nonresponsibility determination

4.2. Name of each public agency issuing the nonresponsibility determination and a contact person at that agency who would have information about the determination

4.3. Contract number for each nonresponsibility determination

END CONTRACT REQUIREMENTS

CCC-307

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

s114402

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.

The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):

1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.

c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

INFORMATION HANDOUT

For Contract No. 08-0R9814

At 08-SBd-5719

Identified by

Project ID 0815000089

MATERIALS INFORMATION

Asbestos and Deteriorated Lead-Containing Paint Survey Report, dated December 9, 2013

Project No. T2570-22-02 December 9, 2013

Mr. Michael Ristic, P.E.

Department of Transportation 464 W. Fourth Street, 6th floor, MS 1104 San Bernardino, California 92401

Subject: ASBESTOS AND DETERIORATED LEAD-CONTAINING

PAINT SURVEY REPORT

CALTRANS MAINTENANCE YARD

800 SAN CLEMENTE STREET

NEEDLES, CALIFORNIA

Dear Mr. Ristic:

In accordance with your request, we have performed an asbestos and deteriorated lead-containing paint (LCP) survey at the Caltrans maintenance yard at 800 San Clemente Street, Needles, California. Our scope of services included surveying areas at the subject site for suspect asbestos-containing materials and deteriorated LCP, collecting bulk samples, and submitting the samples to laboratories for analyses.

The accompanying report summarizes the services performed and the results of laboratory testing.

If there are questions concerning the contents of this report, or if we may be of further service, please contact us at your convenience.

Sincerely, GEOCON WEST, INC.

Scott M. Nunes, CAC (No. 92-0547) Senior Environmental Scientist

(2) Addressee

TABLE OF CONTENTS

ASBESTOS AND DETERIORATED LEAD-CONTAINING PAINT SURVEY REPORT

Page

1.0 INTRODUCTION

1.1 Site Description

1.2 Objectives

2.0 BACKGROUND

2.1 Asbestos

2.2 Lead Paint

3.0 SCOPE OF SERVICES

3.1 Asbestos

3.2 Lead Paint

4.0 INVESTIGATIVE RESULTS

4.1 Asbestos Results

4.2 Paint Results

5.0 CONCLUSIONS AND RECOMMENDATIONS

5.1 Asbestos

5.2 Lead Paint

6.0 REPORT LIMITATIONS

FIGURES

1. Vicinity Map 2 Sample Location Map

SITE PHOTOGRAPHS (1 through 4)

TABLES

1. Summary of Analytical Laboratory Test Results – Asbestos

2. Summary of Analytical Laboratory Test Results – Paint

APPENDIX

A. Laboratory Reports and Chain-of-Custody Documentation

Geocon Project No. T2570-22-02 -1- December 9, 2013

ASBESTOS AND DETERIORATED LEAD-CONTAINING PAINT SURVEY REPORT

1.0 INTRODUCTION

1.1 Site Description

The Site consists of an existing California Department of Transportation (Caltrans) maintenance yard located at 800 San Clemente Street, Needles, California. The approximate site location is depicted on the Vicinity Map, Figure 1, and Sample Location Map, Figure 2.

1.2 Objectives

The objectives of our scope of services were to assess the potential presence and quantity of asbestos and deteriorated lead-containing paint (LCP) at the Site prior to planned demolition activities of the material bins, emulsion tank, and aboveground diesel tank. The information obtained from this investigation will be used by Caltrans for waste profiling, determining California Occupational Safety and Health Administration (Cal/OSHA) applicability, and coordinating asbestos and LCP disturbance activities.

It was not Geocon’s intent during this inspection to conduct an evaluation of lead-based paint hazards in accordance with United States Department of Housing and Urban Development (HUD) guidelines.

2.0 BACKGROUND

2.1 Asbestos

The Code of Federal Regulations (CFR), 40 CFR 61, Subpart M, National Emissions Standards for

Hazardous Air Pollutants (NESHAP) and Federal Occupational Safety and Health Administration

(FED OSHA) classify asbestos-containing material (ACM) as any material or product that contains more than 1% asbestos. Nonfriable ACM is classified by NESHAP as either Category I or Category II material defined as follows:

Category I – asbestos-containing packings, gaskets, resilient floor coverings, and asphalt roofing products.

Category II – all remaining types of non-friable asbestos-containing material not included in Category I that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

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Regulated asbestos-containing material (RACM), a hazardous waste when friable, is classified as any manufactured material that contains greater than 1% asbestos by dry weight and is:

Friable; or

Category I material that has become friable; or

Category I material that has been subjected to sanding grinding, cutting or abrading; or

Category II non-friable material that has a high probability of becoming crumbled, pulverized, or Activities that disturb materials containing any amount of asbestos are subject to certain requirements of the Cal/OSHA asbestos standard contained in Title 8, California Code of Regulations (CCR) Section 1529. Typically, removal or disturbance of more than 100 square feet of material containing more than 0.1% asbestos must be performed by a registered asbestos abatement contractor, but associated waste labeling is not required if the material contains 1% or less asbestos. When the asbestos content of a material exceeds 1%, virtually all requirements of the standard become effective.

Materials containing more than 1% asbestos are also subject to NESHAP regulations (40 CFR Part 61, Subpart M). RACM (friable ACM and nonfriable ACM that will become friable during demolition or renovation operations) must be removed from buildings prior to demolition or renovation. Certain nonfriable ACM and materials containing 1% or less asbestos may remain in buildings during demolition; however, there are waste handling/disposal issues and Cal/OSHA work requirements that must be followed. Contractors are responsible for segregating and characterizing waste streams prior to disposal.

With respect to potential worker exposure, notification, and registration requirements, Cal/OSHA defines asbestos-containing construction material (ACCM) as construction material that contains more than 0.1% asbestos (Title 8, CCR 341.6).

2.2 Lead Paint

Construction activities (including demolition) that disturb materials or paints containing any amount of lead are subject to certain requirements of the Cal/OSHA lead standard contained in Title 8, CCR, Section 1532.1. Deteriorated paint is defined by Title 17, CCR, Division 1, Chapter 8, §35022 as a surface coating that is cracking, chalking, flaking, chipping, peeling, non-intact, failed, or otherwise separating from a component. Demolition of a deteriorated LCP component would require waste characterization and appropriate disposal. Intact LCP on a component is currently accepted by most landfills and recycling facilities; however, contractors are responsible for segregating and characterizing waste streams prior to disposal.

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For a solid waste containing lead, the waste is classified as California hazardous when: 1) the representative total lead content equals or exceeds the respective Total Threshold Limit Concentration

(TTLC) of 1,000 milligrams per kilogram (mg/kg); or 2) the representative soluble lead content equals or exceeds the respective Soluble Threshold Limit Concentration (STLC) of 5 milligrams per liter (mg/l) based on the standard Waste Extraction Test (WET). A waste has the potential for exceeding the lead

STLC when the waste’s representative total lead content is greater than or equal to ten times the respective

STLC value since the WET uses a 1:10 dilution ratio. Hence, when total lead is detected at a concentration greater than or equal to 50 mg/kg, and assuming that 100 percent of the total lead is soluble, soluble lead analysis is required. Lead-containing waste is classified as “Resource, Conservation, and

Recovery Act” (RCRA) hazardous, or Federal hazardous, when the soluble lead content equals or exceeds the Federal regulatory level of 5 mg/l based on the Toxicity Characteristic Leaching Procedure (TCLP).

The above regulatory criteria are based on chemical concentrations. Wastes may also be classified as hazardous based on other criteria such as ignitability; however, for the purposes of this investigation, toxicity (i.e., lead concentrations) is the primary factor considered for waste classification since waste generated during the construction activities would not likely warrant testing for ignitability or other criteria. Waste that is classified as either California hazardous or RCRA hazardous requires management as a hazardous waste.

Potential hazards exist to workers who remove or cut through LCP coatings during demolition. Dust containing hazardous concentrations of lead may be generated during scraping or cutting materials coated with lead-containing paint. Torching of these materials may produce lead oxide fumes.

Therefore, air monitoring and/or respiratory protection may be required during the demolition of materials coated with LCP. Guidelines regarding regulatory provisions for construction work where workers may be exposed to lead are presented in the Title 8, CCR, Section 1532.1.

3.0 SCOPE OF SERVICES

Mr. Scott Nunes performed the asbestos and deteriorated LCP survey at the Site on September 11, 2013.

Mr. Nunes is a California-Certified Asbestos Consultant (CAC), certification No. 92-0547 (expiration

March 4, 2014), and Certified Lead Paint Inspector/Assessor with the California Department of Public

Health (DPH), certification number I-1085 (expiration March 24, 2013). Architectural plans and copies of previous survey reports for the Site were not available for our review.

3.1 Asbestos

Suspect ACM were grouped into homogeneous areas with representative samples randomly collected from each. In addition, each potential ACM was evaluated for quantity and friability. A total of 21 bulk asbestos samples representing 7 material types were collected from the Site.

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Geocon’s procedures for inspection and sampling are discussed below:

Collected bulk asbestos samples after first wetting friable material with a light mist of water.

The samples were then cut from the substrate and transferred to labeled containers. Note that when multiple samples were collected, the sampling locations were distributed throughout the homogeneous area (spaces where the material was observed).

Relinquished bulk asbestos samples to LA Testing, a California-licensed laboratory, for asbestos analysis in accordance with EPA Test Method 600/R-93/116 using polarized light microscopy (PLM) procedures under standard chain-of-custody procedures. LA Testing is a laboratory accredited by the National Institute of Standards and Technology National Voluntary Laboratory Accreditation Program (NIST-NVLAP) for bulk asbestos fiber analysis.

The laboratory analyses were requested on a standard turnaround time.

Sample locations are presented on the Sample Location Map, Figure 2. Geocon sample identification numbers, material descriptions, locations, approximate quantities, friability assessments, and photo references are summarized in Table 1. Materials represented by the samples collected are shown in the attached photographs.

3.2 Lead Paint

A total of three bulk paint samples were collected from the Site. Our sampling procedures are discussed below:

Collected representative bulk samples of suspect LCP using techniques presented in HUD guidelines. In addition, each painted area was evaluated for evidence of deterioration such as flaking or cracking.

Relinquished LCP samples to LA Testing, a California-licensed laboratory, for lead analyses in accordance with EPA Test Method 6010 under standard chain-of-custody procedures. The laboratory analyses were requested on a standard turnaround time.

Sample locations are presented on the Sample Location Map, Figure 2. Geocon paint sample identification numbers, paint descriptions, locations, approximate peeling/flaking quantities, and photo references are summarized in Table 2. Materials represented by the samples collected are shown in the attached photographs.

4.0 INVESTIGATIVE RESULTS

4.1 Asbestos Results

Chrysotile asbestos at a concentration of 7% was detected in a sample (sample group 13-15) representing approximately 10 square feet of nonfriable silver sealant/mastic located on the north side of the emulsion tank.

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No asbestos fibers were observed in samples of the remaining suspect materials sampled (sample numbers 1-12 and 16-21) during our asbestos survey at the Site. A summary of the analytical laboratory test results for asbestos is presented in Table 1. Reproductions of the laboratory report and chain-of-custody documentation are presented as an attachment.

4.2 Paint Results

Total lead was not detected at concentrations above the laboratory practical quantitation limits in two samples (sample numbers 1 and 3) representing approximately 40 square feet of deteriorated white/red exterior paint on the diesel tank walls and approximately 10 square feet of deteriorated white paint on the diesel tank sign, respectively.

A sample (sample number 2) representing approximately 12 square feet of deteriorated yellow paint on the metal bollards around the diesel tank exhibited a total lead concentration of 0.057% by weight, or

570 mg/kg.

A summary of the analytical laboratory test results for paint is presented in Table 2. Reproductions of the laboratory report and chain-of-custody documentation are presented as an attachment.

5.0 CONCLUSIONS AND RECOMMENDATIONS

5.1 Asbestos

Mojave Desert Air Quality Management District (MDAQMD) regulations require that the asbestos-containing silver sealant/mastic on the north side of the emulsion tank, (NESHAP Category I nonfriable/nonhazardous material) identified during our asbestos survey be removed and disposed of prior to renovation or demolition activities that would disturb the material. This material can be disposed of as non-hazardous waste. However, disturbance of the material is still covered by the

Cal/OSHA asbestos standard (Title 8, CCR Section 1529).

We recommend the notification of contractors (that will be conducting demolition, renovation, or related activities) and/or facility occupants of the presence of asbestos in their work areas (i.e., provide the occupants and contractor[s] with a copy of this report and a list of asbestos removed by asbestos abatement contractor[s] during subsequent abatement activities). Contractors should be instructed not to disturb asbestos during their work.

Contractors are responsible for informing the landfill of the contractor’s intent to dispose of asbestos waste. Some landfills may require additional waste characterization. Contractors are responsible for segregating and characterizing waste streams prior to disposal.

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In accordance with MDAQMD requirements, written notification is required ten working days prior to commencement of any demolition activity (whether asbestos is present or not). A 24-hour Cal/OSHA notification would also be necessary for this project.

5.2 Lead Paint

Total lead was detected in a sample of yellow paint on the metal bollards around the diesel tank identified during our survey. Additional soluble analysis for lead would be required to determine if the paint would be considered a California hazardous waste or Federal (RCRA) waste based on lead content.

Deteriorated paints classified as RCRA and/or California hazardous waste must be removed and disposed of prior to renovation, demolition, or other activities that would disturb them. We recommend that the contractor be required to use personnel who have lead-related construction certification as supervisors or workers, as appropriate, from the California DPH for any LCP removal work. Loose and peeling/flaking LCP classified as RCRA and/or California hazardous waste require removal prior to demolition for waste segregation purposes: to separate potentially hazardous waste (Category III concentrated lead such as loose paint, paint sludge, vacuum debris, and vacuum filters) from non-hazardous demolition debris (Category II intact lead-painted architectural components such as doors, windows, framework, cladding, and trim). Category I waste is low lead waste (typically non-hazardous) such as construction materials, filtered wash water, and plastic sheeting. Contractors are responsible for informing the landfill of the contractor’s intent to dispose of RCRA waste, California hazardous waste, and/or architectural components containing intact LCP. Some landfills and recycling facilities may require additional waste characterization. Contractors are responsible for segregating and characterizing waste streams prior to disposal.

We recommend that all paints at the Site be treated as lead-containing for purposes of determining the applicability of the Cal/OSHA lead standard during maintenance, renovation, or demolition activities.

This recommendation is based on the LCP sample result and the fact that lead was a common ingredient of paints manufactured before 1978 and is still an ingredient of some paints. Compliance and training requirements regarding construction activities where workers may be exposed to lead are presented in Title 8, CCR, Section 1532.1, subsections (e) and (l), respectively. In accordance with

Title 8, CCR, Section 1532.1(p), written notification to the nearest Cal/OSHA district office is required at least 24 hours prior to certain lead-related work.

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6.0 REPORT LIMITATIONS

This report has been prepared exclusively for Caltrans. The information contained herein is only valid as of the date of the report, and will require an update to reflect additional information obtained.

The asbestos and deteriorated LCP survey was conducted in conformance with generally accepted standards of practice for identifying and evaluating asbestos and LCP in structures. The survey addressed only the structures identified in Section 1.1. Due to the nature of structure surveys, asbestos and LCP use, and laboratory analytical limitations, some asbestos or deteriorated LCP in the structure may not have been identified. Spaces, such as cavities, crawlspaces, voids, and pipe chases, may have been concealed to our investigator. Previous retrofit/rehabilitation work may have concealed or covered spaces or materials, or may have partially demolished materials and left debris in inaccessible areas. Additionally, retrofit/rehabilitation activities may have partially replaced asbestos with indistinguishable non-asbestos. Asbestos and/or LCP may exist in areas not accessible or sampled in conjunction with our scope of services.

During renovation or demolition operations, suspect materials may be uncovered which are different from those accessible for sampling during this assessment. Personnel in charge of renovation/demolition should be alerted to note materials uncovered during such activities that differ substantially from those included in this or previous assessment reports. If additional suspect materials are found, they should be treated as hazardous until/unless sampling and analysis indicate otherwise.

This report is not a comprehensive site characterization and should not be construed as such.