08A3786_Addendum_2.pdf

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

DEPARTMENT OF TRANSPORTATION

ADMINISTRATION

DIVISION OF PROCUREMENT AND

CONTRACTS

1727 30th STREET, MS-65

SACRAMENTO, CA 95816

PHONE (916) 227-6000

TTY 711

https://dot.ca.gov/programs/procurement-and-contracts/

December 20, 2024

Addendum No. 2 Invitation for Bid (IFB) #08A3786

Dewatering, Testing, and Disposal Services in Riverside and San Bernardino Counties

NOTICE TO ALL PROSPECTIVE BIDDERS:

Addendum No. 2 is being issued for the above-referenced IFB. Bids for this work shall be with the full understanding of this Addendum.

The following changes have been made:

1. Attachment 1, Bid Proposal is revised per the attached Revised Attachment 1, Bid Proposal.

The ‘Revised Attachment 1’ must be referenced with submission of the IFB package or the bid will be considered non-responsive.

2. The Exhibit A, Scope of Work has been updated. The updates are detailed below in the Q&A section. Please see attached for updated Exhibit A, Scope of Work.

The following represents questions submitted for this IFB and the Department’s responses:

Question 1:

Is this disposal work related to existing Agreement 08A3439 (Culvert & Drainage Cleaning) and or 08A3488 (On-Call Drainage Cleaning)?

Answer 1:

No Question 2:

Will the Contractor or Caltrans be responsible for supplying a Technician and pump(s) or vacuum truck for transferring the separated liquid waste from the bins to the storage tanks?

Answer 2:

Contractor to provide. Please see Exhibit A, Scope of Work, Item 1.

Question 3:

Attachment 1, Bid Proposal Line Item 1, is this line item for disposal of nonhazardous liquid waste only?

Answer 3:

Yes http://www.dot.ca.gov/dpac/ http://www.dot.ca.gov/dpac/

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

Question 4:

Given the fact that the hazardous solid waste will be dewatered and the separated liquid stored in tanks, there is a potential for the Contractor to have to dispose of hazardous liquid waste. Please add a separate line item for disposal of hazardous liquid waste.

Answer 4:

There have been no positive tests for Hazardous Waste in water or soil samples.

Question 5:

Attachment 1, Bid Proposal Line Item 1, what is the source of this liquid waste?

Answer 5:

Culvert and Drain Cleaning. Routine Maintenance only, no Haz Mat clean-up.

Question 6:

Attachment 1, Bid Proposal Line Items 2 through 4, what is the source of this solid waste?

Answer 6:

Culvert and Drain Cleaning. Routine Maintenance only, no Haz Mat clean-up.

Question 7:

Attachment 1, Bid Proposal Line Items 2 through 4, please confirm the types of bins to be provided.

Answer 7:

Non dewatering bins.

Question 8:

Attachment 1, Bid Proposal Line Item 5 states that the Contractor will be paid reimbursement cost only for lab analysis testing. However, line items 1 through 4 already include “incidentals to sample” language in the line item descriptions. Shouldn’t the “incidentals to sample” language be removed from Line Items 1 through 4?

Answer 8:

The language has been removed. Please see attached Revised Attachment 1, Bid Proposal.

Question 9:

Exhibit A, page 6, section 14.C regarding the removal of personal property seems to have been included in this IFB in error as this language relates to homeless encampment type of projects.

Answer 9:

The language has been removed. Please see attached for updated Exhibit A.

Question 10:

Exhibit A, page 5, section 12.C states “Contractor shall dispose of non-hazardous materials at either a Class three (3) landfill or at a Caltrans site.” How will the Contractor be compensated for hauling waste to Caltrans sites versus transporting to a landfill for disposal with weight tickets to prove the amount of waste disposed of for invoicing purposes?

Answer 10:

Material will only be disposed of at Class Three (3) landfills. Please see attached for updated Exhibit A.

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

Question 11:

Will Caltrans be responsible for ensuring that the waste to be transported for disposal is free of moisture prior to requesting waste hauling? Landfills will not accept solid waste for disposal unless it has 0% moisture content.

Answer 11:

Moisture Content of material or Overloaded/Overweight bins have not been an issue on the contract. Bins are normally stored until proper moisture content is achieved.

All other terms and conditions set forth in the IFB remain in full force and effect.

Sincerely, Catherine Andersen Contract Analyst

STATE OF CALIFORNIA ∙ DEPARTMENT OF TRANSPORTATION Agreement Number 08A3786 BID PROPOSAL Page 1 of 1

ADM-1412 (REV. 04/2023)

REVISED

Attachment 1

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)

1 250,000 Per Gallon

All labor, tools, materials, bins, dewatering tanks, equipment, travel expenses, and incidentals to transport, store, and dispose of wastewater from dewatering, per STD 213, Exhibit A, Scope of Work

2 2,400 Per Ton

All labor, tools, materials, bins, dewatering tanks, equipment, travel expenses, and incidentals to transport, store, and dispose of Non- Hazardous Material, per STD 213, Exhibit A, Scope of Work

3 240 Per Ton

All labor, tools, materials, bins, dewatering tanks, equipment, travel expenses, and incidentals to transport, store, and dispose of Non- Resource Conservation and Recovery Act (RCRA) Material, per STD 213, Exhibit A, Scope of Work

4 60 Per Ton

All labor, tools, materials, bins, dewatering tanks, equipment, travel expenses, and incidentals to transport, store, and dispose of RCRA Material, per STD 213, Exhibit A, Scope of Work

5 300 Each Lab test and report for waste stream analysis reimbursement for cost only, per STD 213, Exhibit A, Scope of Work

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

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

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

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

Total This Proposal $

Contractor’s Name TBD Agreement Number 08A3786

Exhibit A

Commercial Services–State

Scope of Work

1. Contractor shall provide Dewatering, Testing, and Disposal Services to the California Department of

Transportation (Caltrans) as described herein.

Contractor shall provide all labor, tools, materials, equipment, travel expenses, and incidentals necessary to perform on-call/as-needed services for the testing, transportation, dewatering, and disposal of waste materials from Caltrans drains and culverts, in accordance with the requirements outlined in this Agreement.

2. The services shall be performed at the following locations in San Bernardino and Riverside Counties:

A. Northbound (NB) I-215 Post Mile (PM) 4.0 to Eastbound (EB) I-10 Connector (Colton, CA in San

Bernardino County) B. Westbound (WB) State Route (SR) 60 PM 0.02 to Milliken Avenue Off-Ramp, WB SR-60 at PM

0.02 (Ontario, CA in San Bernardino County) C. EB 40 East of Montara Road at PM 2.0 (Barstow, CA in San Bernardino County) D. Caltrans Banning Maintenance Station, 2033 East Ramsey Street, Banning, CA 92220

(Riverside County)

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

4. This Agreement will commence on April 15, 2025 (estimate), or upon approval by the Department of General Services (DGS), whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by DGS. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by Caltrans Contract Manager. This Agreement will expire on April 14, 2028 (estimate). The services shall be provided during normal business hours, 7:00 a.m. to 4:00 p.m., Monday through Friday, except State holidays. The parties may amend this Agreement as permitted by law.

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

California Department of Transportation (Caltrans) Contractor’s Name TBD Section/Unit: Section/Unit:

Contract Manager: TBD Project Manager:

Address: 175 West Cluster Street MS 1108 San Bernardino, CA 92408 Address:

Business Phone Number: Business Phone Number:

Email: Email:

6. Assignment of Work A. Caltrans Contract Manager will issue a Service Request via email to Contractor for on-call and/or as-needed services. See Attachment 3, Service Request.

B. The Service Request shall include the following information:

1) Agreement Number 08A3786

2) Service Request Number

3) Date of Request

4) Date and Time Service is Required

5) Location of Service

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

7) Caltrans Contract Manager’s Name

8) Specific Scope of Work to be performed under the Service Request, in accordance with the

Scope of Work in this Exhibit A

9) Signatures of DSPOC and/or Caltrans Contract Manager

10) Caltrans Contract Manager will issue Service Requests to Contractor via e-mail.

Alternatively, a Service Request may be made by Caltrans Contract Manager by phone call and confirmed thereafter in writing.

11) Contractor shall respond to Service Requests via email within 48 hours of issuance.

12) Contractor shall only perform the services in the Service Request as described and directed by Caltrans Contract Manager.

7. Detailed Description of Work to be Performed and Duties of all Parties

A. Contractor shall attend a pre-job meeting to discuss the work required under this Agreement and to identify where the bins and dewatering tank will be placed at each facility. Caltrans Contract Manager will reach out to Contractor to schedule the meeting.

B. Contractor shall provide the following equipment and services for material removed from Caltrans drains and culverts by Caltrans through cleaning operations (hereinafter, Waste Materials) pursuant to the Service Request and as outlined in this Agreement:

1) Equipment

a) Waste storage roll-off bins

b) Dewatering tanks

2) Services

a) Transportation of liquids and materials

b) Testing

c) Treatment

d) Disposal services

C. The Waste Materials removed from drains and culverts by Caltrans may contain heavy metals (i.e. lead, zinc, copper, etc.) and hydrocarbons, which meet hazardous waste levels both for Resource Conservation and Recovery Act (RCRA) and Non-RCRA and require analytical sampling for proper identification as required for handling, storage and disposal practices.

D. Caltrans waste stream may include but is not limited to containerized accumulated solid wastes containing hydrocarbons and heavy metals, storage vessels or containerized liquid wastes and non-hazardous solid waste.

E. Contractor shall be capable of committing all labor, equipment, and resources to this operation on an on-call/as-needed basis.

F. Contractor's workdays and hours shall be flexible to meet the operational needs of Caltrans. These flexible hours and work shifts will be considered normal work hours for Contractor and will not constitute the payment of overtime.

8. Waste Storage Roll-Off Bins and Dewatering Tanks A. Within 14 days of notice by Caltrans Contract Manager, Contactor shall provide and deliver flip-top waste storage roll-off bins with 20 cubic yard capacity at a height of 54 to 60 inches maximum (hereinafter, bins) and dewatering tanks as follows:

1) 15 bins and one (1) 20,000-gallon capacity dewatering tank to each location A and B listed above in Section 2.

2) Five (5) bins and one (1) 10,000-gallon capacity dewatering tank to each location C and D listed above in Section 2.

B. Contractor shall provide secondary containment that complies with all safety regulations and is capable of containing 100% of the dewatering tank's capacity, or the dewatering tank must be double-walled.

C. Contractor shall provide additional bins and dewatering tanks as requested by Caltrans Contract Manager via a Service Request.

D. Contractor shall be responsible for providing equipment to assist with the moving and storage of bins and dewatering tanks.

E. Contractor shall move bins and dewatering tanks at the request of Caltrans Contract Manager.

F. Contractor may move bins from one site to another as long as Caltrans always has a minimum of five (5) empty bins available at location A and B listed above in Section 2.

Contractor shall provide bins and dewatering tanks that have their own identification number, are free of leaks, maintained in good repair, and are kept graffiti free.

G. If spillage occurs, Contractor shall clean up at the time it occurs.

H. Contractor shall be responsible for maintaining and ensuring all bins and dewatering tanks on Caltrans property are undamaged. If a bin or dewatering tank on Caltrans' property is damaged, Contractor shall promptly remove and replace that bin and/or dewatering tank.

I. Contractor shall store all Waste Materials in bins.

J. Contractor shall store wastewater in dewatering tanks that meet the requirements set forth in this Agreement.

K. All costs for bins and dewatering tanks shall be included in Attachment 1, Bid Proposal.

No additional compensation will be allowed.

9. Waste Storage A. Contractor may store bins containing waste material and dewatering tanks containing wastewater at sites as directed by Caltrans Contract Manager. Storage of Waste Materials in bins and storage of wastewater in dewatering tanks must meet the requirements set forth above in Section 7.

B. Contractor shall be responsible for all bins containing waste material and dewatering tanks containing wastewater until disposal of waste material and/or wastewater.

C. All cost associated with waste material and/or wastewater storage, moving of bins, and moving of dewatering tanks are included in transportation and disposal unit costs listed in Attachment 1, Bid Proposal.

10. Dewatering and Wastewater Disposal A. Contractor shall dewater waste material from bins into dewatering tanks for the purpose of waste volume reduction.

B. Contractor shall obtain all required permits to perform dewatering tasks.

C. Any alternative method of the disposal of wastewater shall meet all Federal, State and

Local regulations, and will require prior approval by Caltrans Contract Manager.

D. Contractor shall dispose of wastewater once the dewatering tank is full or upon receipt of a

Service Request.

E. All costs for dewatering Waste Materials and disposing of wastewater shall be included in

Attachment 1, Bid Proposal. No additional compensation will be allowed.

11. Waste Stream Analyses: Testing and Reports

A. Contractor shall deliver the samples to a laboratory with a valid Environmental Laboratory Accreditation Program (ELAP) certification from the California State Water Resources Control Board (SWRCB), as selected by Caltrans Contract Manager, for waste stream analysis.

B. Contractor will be notified via Service Request that at least two (2) bins are ready to be scheduled for sampling and/or testing of waste material.

C. Following completion of sampling, Contractor shall mark the bins as ''Tested" so no further dumping into that bin will occur.

D. Contractor shall ensure the waste stream analysis includes testing for total metal (Title 22 Threshold Limit Concentration [TLC]), California Administrative Manual (CAM) 17 metals and both purgeable and extractable Total Petroleum Hydrocarbons (TPH) by Department of Health Services (DHS)/Leaking Underground Fuel Tank (LUFT) method 8015 modified gasoline, diesel and motor oil).

E. Additional analysis shall be performed as needed based on the results of the initial Total Threshold Limit Concentration (TTLC) including Soluble Threshold Limit Concentration (STLC) and Environmental Protection Agency (EPA)/Toxicity Characteristic Leaching Procedure (TCLP). Any of the CAM 17 metals which exceed ten times the TTLC will require that the STLC be performed. Any metal failing the STLC will have the TLCP performed in order to determine its proper waste classification.

F. Additional analysis, including but not limited to, Polycyclic Aromatic Hydrocarbons (PAHs) and EPA Method 8310 and asbestos by EPA Method 600/M-4-82020 (40CFR part 763, sub-part F, Appendix A) may be requested by Caltrans Contract Manager.

G. Contractor shall provide the waste stream analysis results to Caltrans Contract Manager within five (5) working days of the sample collection. The bins and manifests shall be prepared for transportation and disposal pursuant to Contractor's findings.

H. Contractor shall not copyright any waste stream analysis reports required by and produced under this Agreement. The reports required by and produced under this Agreement shall become the property of the State, and all publication rights are reserved to the State.

I. Contractor shall provide a cover page on the report with the following disclaimer: "The contents of this report reflect the views of the author who is responsible for the facts and accuracy of the data presented herein. The contents do not necessarily reflect the official views or policies of the State of California or the Federal Highway Administration. This report does not constitute a standard, specification, or regulation."

J. All costs associated with the waste stream analysis shall be included in Attachment 1, Bid Proposal. Costs for waste stream analysis will be paid at cost, based on the laboratory invoice, without any additional mark-up or extra charges.

12. Waste Material Disposal A. Once the waste stream analysis has been received by Contractor and the Waste Material has been properly classified, Contractor shall email the waste stream analysis to the Caltrans Contract Manager. Within three (3) working days of the email, Contractor shall pickup, transport, and dispose of the waste material at an approved Transfer Storage and Disposal Facility (TSDF).

B. Contractor shall provide transportation and disposal of the following:

1) RCRA

2) Non-RCRA

3) Non-Hazardous Waste Materials (Landfill Class 3)

4) Wastewater from Dewatering

C. Contractor shall dispose of non-hazardous materials at either a Class Three (3) landfill. or at a Caltrans site. Caltrans Contract Manager will notify Contractor by email of the disposal location for non-hazardous materials. Caltrans sites will be within 20 miles of sites identified above in Section 2.

D. The cost of transportation and disposal includes all tools, equipment, labor, and materials associated with the proper disposal of the Waste Materials at an approved TSDF and are part of the unit bid cost. TSDF charges for disposal, county taxes and service charges shall be included in Attachment 1, Bid Proposal.

E. Disposal of Waste Materials shall meet all federal, state, and local regulations.

13. Travel

A. Contractor shall not be paid for any "dry runs" or unscheduled trips.

B. Travel time from the worksite to the disposal or recycling site shall be included as a part of Contractor's Bid Proposal (Attachment 1) and no additional compensation shall be paid for travel time.

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

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

C. Personal property, items that have apparent value and are not fouled with human waste or other hazardous materials, encountered by Contractor on Caltrans property shall be collected by Contractor and turned over to Caltrans.

D. At all times for the duration of this Agreement, Contractor and its employees shall maintain all current permits/licenses from local enforcement agencies (such as city and county) required for the services described in this Agreement.

E. Contractor's vehicles shall be in good operating condition and free of leaking fluids. Vehicles not meeting these requirements will not be allowed to perform duties under this Agreement until the requirements are met. Any spills or leaks (e.g. fuel, oil, coolant, brake, transmission, hydraulic) will be cleaned up by Contractor at no additional charge to Caltrans.

F. Contractor shall clean up any spillage in the bin area during the process of bin hauling, and the bin area shall be left in a clean and orderly condition. If a site is not left in a clean and orderly condition, Contractor shall be called back to correct the condition at no extra charge to Caltrans.

Contractor shall respond within a 24-hour period following the request to correct any unacceptable condition, unless instructed otherwise by Caltrans Contract Manager.

G. A filled bin leaving any Caltrans facility or site shall be properly and lawfully covered and tarped.

H. Contractor shall take all necessary precautions to prevent injury or hazard to Caltrans employees or visitors and shall avoid causing unreasonable inconvenience to any person(s)doing business on Caltrans property.

I. Contractor shall be solely responsible for any injuries, losses, and damages caused by Contractor, its employees, or its agents.

J. Caltrans and its employees are not responsible for any injury, loss, or damage that may occur to Contractor, its employees, vehicles, equipment, tools, or materials.

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

B. In addition to other responsibilities described in this Agreement, Contractor's Project

Manager shall be responsible for all matters related to Contractor's personnel and sub-contractors including, but not limited to, the following:

1) Supervise, review, monitor, train, and direct Contractor's and sub-contractor's personnel.

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

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

4) Administer personnel actions for Contractor personnel and ensure appropriate actions taken for sub-contractor personnel.

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

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

7) Maintain and submit organized project files for record tracking and auditing.

8) Ensure all applicable safety measures are in place.

9) Provide invoices in a timely manner.

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

11) Manage sub-contractors.

12) Monitor and maintain required DVBE participation.

13) Ensure the schedules, deliverables and the deliverables' requirements set forth in the

Agreement are satisfied.

14) Ensure compliance with the provisions in this Agreement and all specific work requirements.

16. Damages to State Property A. Contractor shall conduct operations in such a manner to avoid damage to Caltrans property or to adjacent property. If any such property is damaged by reason of Contractor's operation, it shall be replaced or restored at Contractor's expense and to the satisfaction of Caltrans Contract Manager.

B. Repair efforts shall be performed in a manner in which ensures all warranties are maintained for any products that are damaged.

C. Repair efforts shall include the full costs for all required labor and materials. If the repair must be completed by an outside entity, Caltrans Contract Manager will approve of who shall be hired to complete the work.

17. Code of Conduct A. It is the duty of Contractor and its staff to read and adhere to Caltrans policies and directives, available to Caltrans staff including, but not limited to the most current version of Director's Policy (DP) 3-Health and Safety, DP 18-Workplace Violence Prevention, Deputy Directive (DD) 8-Drug Free Workplace, DD 22-Weapons Prohibited on or in Caltrans Buildings and Caltrans Property, and DD 49-Sexual Harassment Prevention.

B. Contractor and its employees shall be aware that they are working on Caltrans property, and be courteous and respectful at all times. Contractor and its employees shall refrain from using loud voices, inappropriate language, and shall conduct themselves in a professional manner at all times.

C. Public safety and convenience are to be considered at all times. If any person employed by Contractor appears, to Caltrans Contract Manager, to be incompetent or to act in a disorderly, unsafe, or improper manner, that person shall be removed from the premises immediately and shall no longer be employed on this Caltrans Agreement, unless agreed in advance by Caltrans Contract Manager.

18. Final Clean Up A. Contractor shall leave the work site in a neat and clean condition. Contractor shall clean and keep the area in an orderly, safe, and clean condition including, but not limited to, spills and smudges. If work site is not left in a clean and orderly condition, Contractor shall be called back to correct the condition at no extra charge to Caltrans.

B. Contractor shall own and assume all responsibility for litter, waste, debris, and similar materials arising from or produced by the work performed under this Agreement. Contractor shall haul away and legally discard any materials or debris caused by its work actions from the job site.

C. Contractor's bid shall include the cost to dispose of or recycle the discarded materials and Contractor shall be responsible for such disposal and recycling costs.

19. Acceptance of Work for Payment It is the responsibility of Contractor to notify Caltrans Contract Manager that the work is complete and ready for inspection. Work is subject to inspection and acceptance by Caltrans Contract Manager. Caltrans Contract Manager will have the ultimate responsibility and authority to determine whether Contractor's satisfied Contractor's duties and obligations under the Agreement, including specifically whether Contractor delivered all work product and deliverables and whether Contractor's work product and deliverables satisfied all of the applicable contract requirements (including acceptance criteria or tests). Approval of work constitutes approval for payment and not transference or termination of Contractor's responsibility to perform work in accordance with the terms of the Agreement, and any work that needs corrections shall be at Contractor's sole cost and expense in a timely manner.

Regardless of any prior inspections and acceptances of work during the term of this Agreement, all work is subject to final inspection and approval by Caltrans Contract Manager.

Failure to complete work, as required by this Agreement, shall be considered grounds for termination of this Agreement for default, per Exhibit D2, Termination

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

Exhibit B

Budget Detail and Payment Provisions

1. Invoicing and Payment

A. For services satisfactorily rendered and approved by Caltrans Contract Manager, and upon receipt and approval of the invoices, Caltrans agrees to compensate Contractor in accordance with the Bid Proposal, Attachment 1 and this Exhibit B. Incomplete or disputed invoices shall be returned to Contractor, unpaid, for correction.

B. Invoices shall be itemized in accordance with the Bid Proposal, Attachment 1, and shall be signed and submitted in triplicate not more frequently than monthly in arrears of the service.

C. Each invoice shall include:

1) Agreement Number 08A3786

2) Date(s) of Service

3) Location of Service

4) Quantities of Completed Work for Each Bid Item

5) Service Request Number

6) Copy of Service Request

7) Invoices from Lab for Waste Stream Analysis

8) Transportation and Disposal Site Weight Document (wastewater, non-hazardous, non-RCRA, and RCRA)

9) Original Receipts for Materials/Supplies

D. Each invoice shall be submitted by email to: TBD E. Each invoice shall be submitted in triplicate to:

California Department of Transportation (Caltrans) District 08/Maintenance, MS 1108 Attention: Contract Manager’s Name TBD 175 West Cluster Street San Bernardino, CA 92408

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

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

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

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

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

E. Caltrans has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds.

3. Prompt Payment Clause A. Payment will be made in accordance with, and within the time specified in, Government

Code, Chapter 4.5, commencing with Section 927.

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

4. Cost Limitation

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

B. It is understood and agreed that this total is an estimate and that Caltrans will pay only for those services actually rendered as authorized by Caltrans Contract Manager up to the total amount set forth in Section A, above.

5. Rates Rates for these services may be found on Attachment 1 of this document.

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

7. Cost Principles A. Contractor agrees that the Contract Cost Principles and Procedures in 48 Code of

Federal Regulations (CFR), Part 31, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, in 2 CFR, Part 200, shall be used to determine the allowable individual items of cost.

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

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

8. Costs Included in Bid Rates A. The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, Agreement bond premiums, and any other taxes or assessments including sales and use taxes required by law or otherwise shall be included in the Agreement rates and no additional allowance will be made thereof, unless separate payment provision should specifically so provide.

B. Contractors shall make travel and subsistence payments to each worker in compliance with Labor Code Sections 1773.1 and 1773.9. Travel and subsistence requirements are available on the Department of Industrial Relations website at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

9. Payroll Records A. Contractor and each Subcontractor shall comply with the following provisions. Contractor shall be responsible for compliance by their Subcontractors.

1) Each Contractor and Subcontractor shall keep accurate payroll records and supporting documents as mandated by Labor Code Section 1776 and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

a) The information contained in the payroll record is true and correct.

b) The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by its employees on the public works project.

2) The payroll records, enumerated under paragraph 1 above, shall be certified. The certified payrolls and records related to employee wages, fringe benefits, payroll tax, and deductions shall be available for inspection and copying by Caltrans representative at all reasonable hours at Contractor’s principal office. Certified payrolls shall be made available as follows:

a) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.

b) A certified copy of all payroll records enumerated in paragraph 1 above, shall be made available for inspection or furnished upon request to a representative of Caltrans and the Department of Industrial Relations Division of Labor Standards Enforcement and Division of Apprenticeship Standards. Certified payrolls submitted to Caltrans and the Department of Industrial Relations, Division of Labor Standards Enforcement, and Division of Apprenticeship Standards shall not be altered or obliterated by contractor.

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

c) The public shall not be given access to certified payroll records by Contractor.

Contractor is required to forward any requests for certified payrolls to Caltrans Contract Manager by both email and a hard copy sent by regular mail on the business day following receipt of request.

d) Each Contractor shall submit a certified copy of the records enumerated in paragraph 1, above, to the entity that requested the records within 10 days after receipt of a written request.

e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Caltrans shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of Contractor awarded the Agreement or performing the Agreement shall not be marked or obliterated.

f) Contractor shall inform Caltrans of the location of the records enumerated under paragraph 1, above, including the street address, city, and county, and shall, within five (5) working days, provide a notice of a change of location and address.

g) Contractor or Subcontractor shall have 10 days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph 1, above. In the event Contractor or Subcontractor fails to comply within the 10-day period, it shall, as a penalty to Caltrans, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Caltrans from payments then due. A Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a Subcontractor to comply with this section.

B. The penalties specified in paragraph g, above, for noncompliance with the provisions of said Labor Code Section 1776, will be deducted from any monies due or which may become due to Contractor. Penalties assessed for failure to submit certified payrolls are forfeitures and not retentions that will be returned to Contractor.

C. Payrolls shall contain the full name, address, and social security number of each employee, the correct work classification (including apprentices, if applicable), rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Agreement. The "Statement of Compliance" shall be on forms furnished by Caltrans or on any form with identical wording. Any payroll that does not include the required “Statement of Compliance” will be deemed inadequate and unacceptable. Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors.

D. Contractor and each Subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Agreement.

E. Contractor shall submit a certified copy of all payroll records for verification by Caltrans Contract Manager and/or designee with each invoice. When progress payments are called for, Contractor shall submit a certified copy of all payroll records for verification for the work completed to date with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by Contractor.

F. Contractor shall pay any employee actually engaged in the moving and handling of goods being relocated under this Agreement no less than the prevailing wage rate.

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

10. Penalty A. Contractor and any Subcontractor under Contractor shall comply with Labor Code

Sections 1774 and 1775. In accordance with said Labor Code Section 1775, Contractor shall forfeit, as a penalty to Caltrans, not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any public work done under the Agreement by them, or by any Subcontractor under them, in violation of the provisions of the Labor Code and, in particular, Labor Code Sections 1775 to 1780, inclusively.

B. The amount of this forfeiture shall be determined by Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of Contractor or Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of Contractor or Subcontractor in meeting its prevailing wage obligations, or a Contractor’s willful failure to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if Contractor or Subcontractor had knowledge of the obligations under the Labor Code. Any Contractor that executes and receives a copy of this Agreement is deemed to have knowledge of its obligations regarding the Labor Code’s prevailing wage requirements. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Contractor or Subcontractor.

C. If a worker employed by a Subcontractor on a public works project is not paid general prevailing per diem wages by Subcontractor, Prime Contractor of project is not liable for any penalties described above unless Prime Contractor had knowledge of that failure of Subcontractor to pay the specified prevailing rate of wages to those workers or unless Prime Contractor fails to comply with all the following requirements:

1) Agreement executed between Contractor and Subcontractor for performance of work on public works project shall include a copy of provisions of Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2) Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by Subcontractor to the employees by periodic review of the certified payroll records of Subcontractor.

3) Upon becoming aware of the failure of Subcontractor to pay their workers the specific prevailing rate of wage, Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due Subcontractor for work performed on the public works project.

4) Prior to making final payment to Subcontractor for work performed on public works project, Contractor shall obtain an affidavit signed under penalty of perjury for Subcontractor that Subcontractor has paid the specified general prevailing rate of per diem wages to its employees on public works project and any amounts due pursuant to Labor Code Section 1813.

D. Pursuant to Labor Code Section 1775, Caltrans shall notify Contractor on a public works project within 15 days of receipt of a complaint that a Subcontractor has failed to pay workers the general prevailing rate of per diem wages.

E. If Caltrans determines that employees of a Subcontractor were not paid the general prevailing rate of per diem wages and if Caltrans did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, Contractor shall withhold an amount of moneys due to Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages, if requested by Caltrans.

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

11. State General Prevailing Wage Rates A. Contractor agrees to comply with all applicable provisions of the Labor Code, including those provisions requiring the payment of not less than the general prevailing rate of wages. Contractor further agrees to the penalties and forfeitures provided in said Code in the event a violation of any of the provisions occurs in the execution of this Agreement.

B. Pursuant to Labor Code Section 1771.5, not less than the general prevailing wage rate of per diem wages and the general prevailing rate of per diem wages for holiday and overtime work for work of a similar character in the county in which the work is to be performed shall be paid to all workers employed on this Agreement, if this Agreement is for:

1) More than $25,000 for public works construction; or

2) More than $15,000 for the alteration, demolition, installation, repair, or maintenance of public works.

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

12. State Prevailing Wage Rate Determinations

A. The General Prevailing Wage Rate Determinations applicable to the project are available and on file with the Caltrans Regional/District Labor Compliance Office. These wage rate determinations are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2. Any special wage rate determinations applicable to this project are attached.

B. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the DIR website at: http://www.dir.ca.gov/.

http://www.dir.ca.gov/

C. After award of the Agreement, and prior to commencing work, all applicable General Prevailing Wage Rate Determinations are to be obtained by Contractor from DIR. These wage rate determinations are to be posted by Contractor at the job site in accordance with Labor Code Section 1773.2.

D. After award of the Agreement, questions pertaining to predetermined wage rates should be directed to the Caltrans Labor Compliance Office:

Caltrans Headquarters Labor Compliance Office 1120 N Street, MS-44 Sacramento, CA 95814 Email: labor.compliance@dot.ca.gov

13. Employment of Apprentices A. Where the prime Agreement is $30,000 or more, Contractor and any Subcontractors under them shall comply with all applicable requirements of Labor Code Sections 1777.5, 1777.6, and 1777.7 in the employment of apprentices.

B. Contractors and Subcontractors are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Contractors and Subcontractors are advised to contact the State Division of Apprenticeship Standards, PO Box 420603, San Francisco, California 94142-0603, or one of its branch offices, for additional information regarding the employment of apprentices and for the specific journey-to-apprentice ratios for the Agreement work. The Prime Contractor is responsible for all Subcontractors’ compliance with these requirements. Penalties for failure to comply with apprenticeship requirements are specified in Labor Code Section 1777.7.

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

mailto:labor.compliance@dot.ca.gov

Exhibit D

Special Terms and Conditions

1. Settlement of Disputes

A. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by Caltrans Contract Officer, who may consider any written or verbal evidence submitted by Contractor. The decision of the Caltrans Contract Officer, issued in writing, shall be Caltrans’ final decision on the dispute.

B. Neither the pendency of a dispute nor its consideration by Caltrans Contract Officer will excuse Contractor from full and timely performance in accordance with the terms of the Agreement.

2. Termination A. If, after award and execution of the Agreement, Contractor’s performance is unsatisfactory, the

Agreement may be terminated immediately for default. Additionally, Contractor may be liable to Caltrans for damages, including the difference between Contractor’s original bid price and the actual cost of performing the work by another Contractor. Default is defined as Contractor failing to perform services required by the Agreement in a satisfactory manner.

B. Caltrans reserves the right to terminate this Agreement for any or no cause upon 30 days written notice to Contractor. Upon such termination, no compensation shall be due or payable to Contractor except for compensation earned through the date of termination.

C. The State may terminate this Agreement immediately for good cause. The term “good cause” may be defined as “impossibility of performance” or “frustration of purpose”, but does not include material breach, default, or termination without cause. In this instance, the Agreement termination shall be effective as of the date indicated on the State’s notification to Contractor.

D. In the event that the total Agreement amount is expended prior to expiration date, Caltrans may, at its discretion, terminate this Agreement with 30-day notice to Contractor.

3. Retention of Records/Audits

A. For the purpose of determining compliance with Government Code Section 8546.7, Contractor and Subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The State, the State Auditor, Federal Highway Administration, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of Contractor that are pertinent to the Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

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

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

A. During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors.