Addenda__2_-_Bidder_Q_A_08A3887.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/

September 11, 2025

Addendum No. 2 Invitation for Bid (IFB) 08A3887

Trash and Recycling Services in San Bernardino County

NOTICE TO ALL PROSPECTIVE BIDDERS:

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

THE FOLLOWING REPRESENT QUESTIONS SUBMITTED AND DEPARTMENT OF

TRANSPORTATION ANSWERS:

Question 1: Currently there are trash compactors onsite, but the recycling service is provided using a standard bin (provided by the hauler). The bid document mentioned a recycling compactor. Is the State installing a recycling compactor, or should the bid be updated to reflect non-compactor service for the recycling container?

Answer 1: Caltrans does intend for the recycling service to be provided using a 3-CY recycling compactor bin, consistent with the Exhibit A, Scope of Work, 7.

Bidders should include all costs associated with providing, maintaining, and servicing a recycling compactor in their bid pricing for recycling services.

Question 2: Who currently provides trash and recycling services for the Caltrans District 08 Office?

Answer 2: Burrtec Waste Industries, Inc.

Question 3: What is the current monthly service charge for trash and recycling services?

Answer 3: Please see attached contract CT 08A3611.

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: As part of the requirements of Senate Bill (SB) 1383, is Caltrans’ District 08 Office currently receiving organics collection services? The current scope of work in the IFB does not include organics recycling. How will Caltrans meet the mandatory organics waste diversion requirements?

Answer 4: Organics collection services for Caltrans District 08 are currently provided under a separate contract. The scope of work in IFB No. 08A3887 is limited to trash and recycling services.

ALL OTHER TERMS AND CONDITIONS SET FORTH IN THE IFB REMAIN IN FULL FORCE AND

EFFECT.

Sincerely, Angel Cervantes Jr Contract Analyst

Burrtec Waste Industries, Inc.

Agreement Number 08A3611

Exhibit A Commercial Services–State

Scope of Work

1. The purpose of this Agreement is to set forth the terms and conditions under which Contractor is to provide trash services. Contractor agrees to provide to the California Department of Transportation (Caltrans) all labor, recycle bins, equipment, travel, incidentals, and to pay all associated costs, fees (including disposal fees), and taxes, necessary to provide trash and recycling collection, hauling, and disposal services as described herein.

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

3. The services shall be performed at the Caltrans District 8 office, 464 West 4th Street, San Bernardino, CA 92401, within San Bernardino County.

4. All references to Caltrans Contract Manager in this Agreement shall include designee.

5. This Agreement will commence on September 01, 2023, or upon approval by Caltrans, whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by Caltrans. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by Caltrans Contract Manager. This Agreement will expire on August 31, 2025. The services shall be provided during normal working hours of 6:00 a.m. to 6:00 p.m., Monday through Friday, except holidays. On occasion, Contractor may be required to provide services outside of normal business hours, including on weekends and holidays, as determined in the sole discretion of Caltrans Contract Manager. The parties may amend this Agreement as permitted by law.

6. All inquiries during the term of this Agreement will be directed to the project representatives listed below. 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 Name: Burrtec Waste

Industries, Inc.

Section/Unit: District 08/Administration

Contract Manager: Manase Mansur Project Manager: Tracy A. Sweeney

Address: 464 West 4th Street, MS 138

San Bernardino, CA 92401

Address: 9890 Cherry Ave

Fontana, CA 92335

Business Phone Number: (951) 538-3169 Business Phone: (909) 429-4200

Email: michelle.watson@dot.ca.gov Email: debbie@burrtec.com

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

A. Contractor shall furnish the following: trash pick-up, transport, and disposal services per location:

1) General trash and debris

a) Three (3), 3-cubic yard (CY) compactor bins for general trash and debris.

b) On call, as needed service: Three (3) 3-CY compactor bins for general trash and debris.

2) Recycle materials

a) One (1), 3-CY bin for recycle materials.

b) On-call, as needed service: One (1), 3-CY bin for recycle materials.

B. All containers shall be placed in a location approved by Caltrans Contract Manager.

C. All containers shall have retractable covers that operate smoothly and with ease, so containers remain covered in accordance with National Pollutant Discharge Elimination System (NPDES) storm water requirements. All bins shall be in good condition without any holes.

D. Trash pick-ups will occur on weekdays between 6:00 a.m. to 6:00 p.m. No trash shall be removed on designated State legal holidays, except in emergencies. If a State legal holiday falls on a scheduled pick-up date, Contractor shall remove the trash on the following business day.

When a designated State holiday falls on a Sunday, the following Monday shall be designated a legal holiday. State observed holidays are as follows:

January 1 New Year’s Day

Third Monday in January Martin Luther King Day

Third Monday in February Presidents’ Day

March 31 Cesar Chavez Day

Last Monday in May Memorial Day

July 4 Independence Day

First Monday in September Labor Day

November 11 Veterans Day

Fourth Thursday in November Thanksgiving Day

Fourth Friday in November Day after Thanksgiving

December 25 Christmas Day

E. Upon Agreement approval, Caltrans Contract Manager will call Contractor to arrange a mutually agreeable trash pick-up schedule, to assure that the yard gates will be open for access to the trash and recycling pick-up area. Contractor shall begin work upon notification by Caltrans Contract Manager. Failure to begin work or to prosecute the work diligently shall be grounds for termination of this Agreement as noted in Exhibit D, Item 2, Termination.

F. Contractor shall remove and replace or empty the bins according to the schedule agreed upon by Contractor and Caltrans Contract Manager.

1) General Trash and Debris: Five (5) times per week.

2) Recycle Materials: Three (3) times per week (Monday, Wednesday, and Friday).

G. Additional pick-ups may be requested beyond that which is listed above by Caltrans Contract Manager. Contractor shall make additional pick-ups within three (3) working days of notification by Caltrans Contract Manager. If Contractor does not pick up the bin within three (3) days, Contractor shall be responsible for cleaning up all trash overflow placed on or adjacent to the bin(s) at no additional cost to Caltrans.

H. Contractor will not be paid for any “dry runs” or unscheduled trips.

I. All travel costs shall be included as a part of Contractor’s Bid Proposal, Attachment 1 and no additional compensation shall be paid for travel time.

J. Caltrans Contract Manager must sign and date all pick-up tickets. If Caltrans employees are not available to sign the pick-up ticket within 24 hours, Contractor shall email the pick-up ticket to Caltrans Contract Manager. All pick-up tickets are to be included with the disposal receipts and all invoices for verification of pick-ups.

K. Contractor shall conduct operations in such a manner as 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.

L. 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.

M. Contractor is solely responsible for any injuries, losses, and damages caused by Contractor, its employees, or its agents.

N. 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.

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

P. Contractor’s vehicles shall be in good operating condition and free of leaking fluids. Vehicles not meeting these requirements will not be allowed to haul away trash until the requirements are met. Any spills or leaks will be cleaned up by Contractor at no additional charge.

Q. 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.

R. Contractor shall abide by all applicable laws regarding trash pick-up, hauling, and disposal services.

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

T. Contractor shall utilize disposal sites that are licensed and legally authorized to accept the trash that is the subject matter of this Agreement.

U. Contractor must provide written receipts from the disposal site to ensure Contractor followed the proper disposal process for each bin and legally dispose of the contents of same. Disposal receipts shall include the following:

1) Agreement number 08A3611

2) Date(s) of service

3) Weight of trash (tonnage)

4) Name of disposal site

5) Signature of disposal site employee

V. In the event that the bins are overloaded by Caltrans and are in excess of the legal limit of nine

(9) tons, Caltrans will reimburse Contractor for the dumpsite overage charge with no markup and not in excess of the county landfill rates (unless additional pick up are requested by Caltrans, per 7(G)). The original signed disposal receipt, issued by the dumpsite, detailing the weight and per ton fees must be submitted along with the claim for reimbursement when the overage charge has occurred at no fault to Contractor. The original signed receipt shall be used to substantiate the amount to be reimbursed to Contractor.

W. Contractor shall dispose of all material in the containers, which includes, but is not limited to, tires, metal, plastic, fiberglass, fabric, glass, asphalt, dirt, concrete, wood, and landscape trimmings.

X. The trash is not expected to, but may unintentionally, include hazardous waste. If hazardous waste is encountered, Contractor will notify Caltrans Contract Manager for removal of the hazardous waste by a Caltrans hazardous waste removal contractor. Caltrans will not be responsible for any hazardous waste picked up along Contractor’s route.

Y. Tire carcasses, metal, plastic, fiberglass, glass, asphalt, dirt, concrete, and other trash may include constitutes of concern. These materials are not pre-determined to be hazardous waste.

Contractor shall inspect the materials before taking possession of the materials.

Z. Once Contractor takes possession of the materials, Contractor shall take ownership of the materials and shall dispose of the materials in a lawful manner.

AA. Transportation of trash materials shall be in compliance with all laws and regulations of the State of California. Neither the State nor Caltrans will be responsible for any mishandling and/or any unlawful acts that Contractor or its workers might perform or violate in the performance of this Agreement. Trash materials shall be disposed of in a legal manner.

8. General Contractor Responsibilities

A. Contractor shall ensure that only qualified and competent employee(s) are permitted on the job site and that the work shall be safely performed by the highest industry standards. 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 avoid causing unreasonable inconvenience to any person(s) doing business on Caltrans property. In the event Contractor’s operation creates a condition hazardous to Caltrans property, its occupants, or the general public, Contractor shall provide warning signs alerting to any dangerous conditions at Contractor’s own expense and without cost to Caltrans.

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

9. 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 Project Manager shall be responsible for all matters related to Contractor’s personnel, including, but not limited to, the following:

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

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

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

4) Assign qualified personnel to complete the required work, as specified, on an “as-needed” basis in coordination with Caltrans Contract Manager.

5) Administer personnel actions for Contractor personnel.

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

7) Ensure all applicable safety measures are in place.

8) Provide invoices in a timely manner.

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

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

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

10.Discovery of Asbestos, Lead-based Paint, or Other Hazardous Substances/Material

A. If Contractor discovers or suspects asbestos, lead-based paint, or other known hazardous substances/materials in the area affected by the Agreement, Contractor must stop work immediately. Contractor shall verbally notify Caltrans Contract Manager of these findings immediately and confirm verbal notification in writing within 24 hours of the discovery.

Contractor is not responsible for any work related to clean up or disposal of these substances.

B. Continuation of work shall not commence until Contractor has been authorized to do so in writing by Caltrans Contract Manager.

C. Should it become necessary to terminate the service request, Contractor shall be compensated only for work in progress or actually completed to Caltrans Contract Manager’s satisfaction. No payment shall be made for delay or lost profits anticipated for uncompleted work.

D. Failure to notify Caltrans Contract Manager of the discovery of asbestos, lead-based paint, or other hazardous substances/materials may result in immediate termination of the Agreement for default per Exhibit D, Item 2, Termination. Contractor shall be responsible for all damages arising from failure to disclose the discovery of any hazardous substances.

11.Damages to State Property

In the event that any Caltrans property is damaged as a result of the actions of Contractor, or its employees, Contractor shall repair, at its sole expense, the damage which has occurred as a direct result of Contractor, or its employees. Repair efforts must be performed in a manner which ensures all warranties are maintained for any products that are damaged. Repair efforts shall include the full costs for all required labor and materials. If the repair must be completed by an outside entity, Caltrans Contract Manager shall approve of who shall be hired to complete the work.

12.Code of Conduct

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.

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

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

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 the discarded materials and Contractor shall be responsible for such disposal costs.

14. Inspection and Acceptance 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 shall 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.

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 D, Item 2, Termination.

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

2) Date(s) of Service

3) Location of Service

4) All pick-up tickets are to be included with the disposal receipts

D. Each invoice shall be submitted in triplicate to:

Department of Transportation (Caltrans) District 8/Administration Attention: Michelle Watson 464 West 4th Street, MS 138 San Bernardino, CA 92401

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 and all agreements must comply with Public Contract Code Sections 10262 and 10262.5.

B. Pursuant to Public Contract Code Section 10262, Contractor shall pay its Subcontractor(s) within seven (7) calendar days from receipt of each payment made to Contractor by Caltrans.

C. Failure of Contractor adhering to Public Contract Code Section 10262 may result in termination of this Agreement per Public Contract Code Section 10253 and disciplinary action by the Contractors State License Board may be implemented.

D. 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 $61,808.57

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.

8. Costs Included in Bid Rates

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.

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 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 or immediately in the event of default or material breach by Contractor at no cost. 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. Subcontractors

Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted.

4. 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.

5. Non-Solicitation

Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained or contracted by Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

6. Reporting Disabled Veteran Business Enterprise (DVBE) Utilization

If this Agreement requires DVBE participation, it is the responsibility of Contractor to track DVBE goal progress and Contractor must report the actual amount paid to certified Subcontractors. Contractors must comply with Government Code Section 14841 and Military and Veterans Code Sections 999.5(d) and 999.7 by reporting the actual utilization of certified Subcontractor(s) during the performance of this Agreement. Contractor shall prepare and submit the Report of Utilization of Small/Micro Business and Disabled Veteran Business Enterprise State Funded Contracts Only (ADM-3059) (https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM3059) to Caltrans Contract Manager with each invoice.

If Contractor fails to submit ADM-3059 with final invoice, Caltrans Contract Manager shall withhold $10,000, or full payment if it is less than $10,000, from final payment on Agreement until Caltrans Contract Manager receives a complete and satisfactory ADM-3059. Caltrans Contract Manager shall notify Contractor by email that Contractor must submit a complete and satisfactory ADM-3059 within 30 days from the date of the notice. If Contractor fails to fully complete and submit the ADM-3059 within this 30-day period, Caltrans shall permanently withhold payment of final invoice.

Upon Caltrans Contract Manager’s request, Contractor shall provide proof of payment for the work performed by DVBE subcontractor(s).

7. Reporting Small Business/Micro Business (SB/MB) Utilization

If SB/MB Subcontractor participation is a requirement of this Agreement, Contractor must report the actual amount paid to certified Subcontractors. Contractor must comply with Government Code Section 14841 by reporting the actual utilization of certified Subcontractor(s) during the performance of this Agreement. Contractor shall prepare and submit the Report of Utilization of Small/Micro Business and Disabled Veteran Business Enterprise State Funded Contracts Only (ADM-3059) (https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM3059) to Caltrans Contract Manager with each invoice.

8. DVBE Participation (Without Goals)

Caltrans has established no goals for the participation of DVBE for this Agreement.

However, Contractor shall be fully informed respecting the California Public Contract Code Sections 10115 et seq., which is incorporated by reference. Contractor is urged to obtain DVBE Subcontractor participation should clearly defined portions of the work become available.

9. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards

In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement.

Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin.

Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless Caltrans, State of California, and each and all of their officers, agents, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of existence or degree of negligence or fault on the part of Caltrans, State of California, and/or any of their officers, agents, and/or employees.

10. Mandatory Organic Waste Recycling

It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling.

Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from Caltrans Contract Manager.

11. Laws to be Observed

Contractor shall keep fully informed of all existing and future State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times observe and comply with and shall cause all agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement. Contractor shall protect and indemnify the State of California and all officers and employees thereof connected with the work against any claim, injury, or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by Contractor, its Subcontractor(s), or an employee(s).

If any discrepancy or inconsistency is discovered in the plans, drawings, specification, or Agreement for the work in relation to any such law, ordinance, regulation, order, or decree, Contractor shall immediately report the same to Caltrans Contract Manager in writing.

12. Specific Legal References

Any reference to specific statutes, regulations, or other legal authority in this Agreement shall not relieve Contractor from the responsibility of complying with all existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement.

13. Equipment Indemnification

A. Contractor shall indemnify Caltrans for any claims against Caltrans for loss or damage to Contractor’s property or equipment during its use under this Agreement and shall at Contractor’s own expense maintain such fire, theft, liability, or other insurance as deemed necessary for this protection. Contractor assumes all responsibility which may be imposed by law for property damage or personal injuries caused by defective equipment furnished under this Agreement or by operations of Contractor or Contractor’s employees under this Agreement.

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

14. Force Majeure

Neither party shall be liable to the other for any delay in, or failure of, performance, nor shall any such delay in, or failure of, performance constitute default, if such delay or failure is (directly or indirectly) caused by “Force Majeure” without the fault, intentional act, or negligence of the Contractor. As used in this section, “Force Majeure” shall include, but shall not be limited to, acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, interruption in service by a regulated utility, or governmental statutes or regulations superimposed after the fact.

15. Employment of Undocumented Workers

By signing this Agreement, Contractor swears or affirms that it has not, in the preceding five

(5) years, been convicted of violating a State or Federal law relative to the employment of undocumented workers.

16. ADA Compliance

All entities that provide electronic or information technology or related services that will be posted online by Caltrans must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

17. Electronic Signatures

Each party agrees that electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures for this Agreement. Documents that are referenced by this Agreement may still require manual signatures.

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

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for terminations of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

Exhibit E

Additional Provisions

1. General Provisions Required in all Insurance Policies

A. Deductible: Contractor is responsible for any deductible or self-insured retention (SIR) contained within the insurance program.

B. Coverage Term: Coverage must be in force for the complete term of this Agreement. If insurance expires during the term of this Agreement, a new certificate must be received by the Caltrans Contract Manager at least 10 days prior to the expiration of the insurance. Any new insurance must continue to comply with the original terms of this Agreement.

C. Policy Cancellation or Termination and Notice of Non-Renewal: Contractor shall provide, to the Caltrans Contract Manager within five (5) business days, following receipt by Contactor, a copy of any cancellation or non-renewal of insurance required by this Agreement. In the event Contractor fails to keep, in effect at all times, the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

D. Primary Clause: Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State.

E. Inadequate Insurance: Inadequate or lack of insurance does not negate Contractor's obligations under this Agreement.

F. Endorsements: Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

G. Insurance Carrier Required Rating: All insurance companies must carry a rating acceptable to the Department of General Services, Office of Risk and Insurance Management (ORIM). If Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required. Department of General Services, ORIM Website:

https://www.dgs.ca.gov/ORIM.

H. Contractor shall include all of its subcontractors as insureds under Contractor's insurance or supply evidence of insurance to the State equal to the policies, coverages, and limits required of Contractor.

I. The State will not be responsible for any premiums or assessments on the policy.

2. Insurance Requirements

A. Commercial General Liability

1) Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage liability. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured Agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to Contractor's limit of liability.

2) The policy must include:

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

3) This endorsement must be supplied under form acceptable to DGS, ORIM.

B. Automobile Liability

Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle, including owned, hired, and non-owned motor vehicles. The same additional insured designation and endorsement required for general liability is to be provided for this coverage.

C. Workers’ Compensation and Employer’s Liability

Contractor shall maintain statutory workers’ compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer’s liability limits of $1,000,000 are required. When work is performed on State owned or controlled property, the workers' compensation policy shall contain a waiver of subrogation in favor of the State. The waiver of subrogation endorsement shall be provided to Caltrans Contract Manager.

D. Satisfying a Self-Insured Retention

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

E. Available Coverages/Limits

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

3. Motor Carrier Permit Requirements

A. Contractor must have a valid Motor Carrier Permit(s) (MCP) issued from the Department of Motor Vehicles (DMV) for its services as a Motor Carrier of Property under this Agreement.

Contractor shall pay any required fees necessary to obtain and maintain in good standing the required MCP(s).

B. MCP(s) required for Contractor’s Motor Carriers of Property under California Vehicle Code Sections 34601 and 34620 shall be on file with Contractor for the duration of this Agreement.

Upon request of Caltrans Contract Manager or their designee, Contractor must immediately provide to Caltrans a copy of the required MCP(s).

4. Licenses and Permits

A. Contractor shall be an individual or firm qualified to do business in California and shall obtain at its expense all license(s) and permit(s) required by law for any work under this Agreement.

B. If Contractor is a California or foreign corporation, Contractor must be registered and active/in good standing with the California Secretary of State.

C. If Contractor is any other business entity, Contractor must be registered and active/in good standing with the California Secretary of State, to the extent applicable.

D. In the event any license(s) and/or permit(s) expire at any time during the term of this Agreement, Contractor agrees to provide Caltrans Contract Manager a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event Contractor fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

5. Prohibition of Delinquent Taxpayers

Public Contract Code Section 10295.4 prohibits the State from entering into an Agreement for goods or services with any taxpayer, whose name appears on either list maintained by the California Department of Tax and Fee Administration or the Franchise Tax Board pursuant to Revenue and Taxation Code Sections 7063 and 19195, respectively, of the 500 largest tax delinquencies. Public Contract Code Section 10295.4 provides no exceptions to these prohibitions.

DEPARTMENT OF TRANSPORTATION