Addendum__1_08A3943.pdf

STATE OF CALIFORNIA-------CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th STREET, MS-65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

FAX (916) 227-6155

TTY 711

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

Making Conservation A California Way of Life.

January 15, 2026 Addendum No. 1

Invitation For Bid (IFB) # 08A3943

Synthetic Flooring Services in San Bernardino County

NOTICE TO PROSPECTIVE BIDDERS:

Addendum No. 1 is being issued for the above-referenced IFB. Bids for this work shall be with the full understanding of this Addendum.

Correct IFB Attachment 3, Proposed Form of Agreement is attached herewith.

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

Sincerely, Gurinder Kaur Contract Analyst http://www.dot.ca.gov/dpac

2. The term of this Agreement is:

Contractor’s Name Agreement Number 08A3943

Exhibit A

Public Works (State)

Scope of Work

1. Contractor agrees to provide to the California Department of Transportation (Caltrans) all labor, equipment, tools, materials, parts, supplies, travel, and incidentals necessary to provide synthetic resilient surfacing services as described herein.

2. The services shall be performed at the Caltrans District 8, Inland Empire Transportation Management Center (IETMC), located at 13892 Victoria Street, Fontana, CA 92336 (see Attachment A - IETMC Facility Map).

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

4. This Agreement will commence on April 1, 2026 (estimate), 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 March 31, 2027 (estimate). The services shall be provided during normal business hours Monday through Friday 6:00 a.m. to 3:30 p.m., excluding 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:

Section/Unit: D8/Traffic Operations Project Manager:

Caltrans Contract Manager: TBD

Address Address

Business Phone Number: Business Phone Number:

Email: Email:

6. Detailed Description of Work A. Contractor shall clean, repair, patch, and refill, or replace and seal the synthetic resilient surfacing. Original surfacing specifications shall apply as follows:

1) Seamless surface

2) Dual density

3) Pouted in place system with wearing course over cushion course

4) Tested for impact accessibility according to Advancing Standards Transforming Markets

(ASTM) F1951 - Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment.

Exhibit A

Public Works (State)

B. The existing Synthetic Resilient Surfacing consists of multiple layers that rest on top of gravel fill. The layers, in accordance with Attachment B – Diagram of Synthetic Resilient Surfacing, are as follows:

1) First cushioning layer

2) Geo-fabric

3) Second cushion layer

4) Geo-fabric

5) Bond breaker

6) Third cushion layer

7) Wearing layer

C. Contractor shall use the following layer specifications:

1) Wearing Course: Ethylene Propylene Diene Monomer (EPDM) rubber particles and polyurethane. EPDM is an extremely durable synthetic rubber roofing membrane widely used in low-slope buildings in the United States and worldwide. Its two (2) primary ingredients, ethylene and propylene, are derived from oil and natural gas.

2) Cushion Course: Formulation of 100% recycled, shredded, one (1) to four (4) mm Styrene- Butadiene Rubber (SBR) particles and polyurethane, site mixed and applied. SBR is a general-purpose synthetic rubber, produced from a copolymer of styrene and butadiene, exceeding all other synthetic rubbers in consumption.

3) Binder: Weather resistant, UV-stabilized, flexible, non-hardening, 100% solids polyurethane complying with requirements of authorities having jurisdiction for nontoxic and low Volatile Organic Compounds (VOC) content.

4) Wearing Course Color(s): Match existing material.

5) Filler/Sealant: Manufacturer’s standard clear silicone or polyurethane filler/sealant suitable for exterior use.

D. Caltrans shall provide Contractor with barricades and tape to set up and block-off work area prior to work beginning. Contractor shall protect existing buildings and surrounding concrete.

E. Contractor shall clean, repair, patch, refill, replace, and seal the following damaged synthetic resilient surfacing to meet original specifications and design (Attachment C – Pictures of Damaged Area).

1) North side of the facility:

a) One (1) large hole measuring approximately five inches (5”) in diameter.

b) Damaged and cracked areas.

2) Northeast corner of the facility next to loading dock:

a) Five (5) large holes measuring approximately four inches (4”) in diameter.

b) Damaged and cracked areas.

Exhibit A

Public Works (State)

3) West side of the facility:

Damaged areas.

4) East side of the facility:

Five (5) holes that measure approximately one-fourth (¼) inches in diameter with smaller holes throughout.

5) Southeast of the facility:

a) Directly in front of the lobby, one (1) large hole measuring approximately two inches (2”) in diameter and smaller holes throughout.

b) Front lobby, six (6) holes measuring approximately three inches (3”) in diameter and smaller holes throughout.

F. Contractor shall cut flooring down to base layer to correct and fix the following areas that are separated from concrete dipping or sinking as originally designed (Attachment C – Pictures of Damaged Areas).

1) Northeast corner of the facility next to loading dock, a section is approximately 47’ of sinking and dipping away from concrete.

2) North side of the facility, a section is approximately 15’ of sinking and dipping away from concrete.

3) Southwest corner of facility located 10’ from corner heading towards lobby, a section is approximately 13’ of sinking and dipping away from concrete.

4) Southside of the facility, a section is approximately 20’ of sinking and dipping away from concrete.

G. Contractor shall pressure wash the existing 2,100 sq. feet of rubberized flooring and remove any debris.

H. Contractor shall match the color mix as best as possible. Preferred mix ratio is as follows:

1) Light Gray EPDM 20% mix

2) Brick Red EPDM 40% mix

3) Beige EPDM< 40% mix

4) Ruberway Enviro Binder 3000 or equivalent

I. The existing sidewalk will remain; no demolition required.

J. Contractor shall be responsible for protecting the “Crunch Zone” (Attachment A - IETMC

Facility Map), and the façade of the IETMC building from potential damage.

K. Contractor shall use a green or LEED approved waterproofing polyurethane coating system to seal entire synthetic flooring, such as BASF’s Conipur System, or equivalent. The coating system must be approved by Caltrans Contract Manager in writing prior to the application.

L. Contractor shall apply, per manufacture’s standard, clear UV Stabilized premium silicone or polyurethane fillers/sealant suitable for exterior use, on existing surface.

M. Contractor shall remove and legally dispose of damaged layers.

Exhibit A

Public Works (State)

7. Code of Conduct A. Contractor and its employees shall be aware they are working on Caltrans property and always be courteous and respectful.

B. Contractor and its employees shall refrain from using loud voices, inappropriate language, and shall always conduct themselves in a professional manner.

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

D. 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 Director’s Policy (DP)-3 Health and Safety, DP-18 Workplace Violence Prevention, Deputy Directive (DD)-8 Drug Free Workplace, DD-22 Weapons Prohibited, and DD-49 Sexual Harassment Prevention.

E. If any person employed by Contractor appears incompetent, acts disorderly, or behaves in an unsafe or improper manner, that person shall be removed from the premises immediately and will no longer be employed on this Caltrans Agreement, unless agreed in advance by Caltrans Contract Manager.

8. Contractor’s Responsibilities A. Contractor shall ensure only qualified and competent employees are permitted on the job site and the work is safely performed by the highest industry standards, in the sole opinion of Caltrans Contract Manager. Contractor shall take all necessary precautions to prevent injury or hazard to Caltrans employees(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 Caltrans property or any adjacent property.

C. Contractor shall avoid causing unreasonable inconvenience (in the sole opinion of Caltrans Contract Manager) 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 public, Contractor shall provide warning signs alerting to any dangerous conditions at Contractor’s own expense and without cost to Caltrans.

9. Damages to Caltrans Property A. In the event any Caltrans property is damaged because 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 in performing the services.

B. Repair efforts shall be performed in a way that 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.

D. If the repair must be completed by an outside entity, Caltrans Contract Manager will approve of who will be hired to complete the work.

10. Sanitary Facilities

A. Caltrans-owned sanitary facilities will be available for use by Contractor's personnel during normal working hours and when operational.

Exhibit A

Public Works (State)

B. Contractor shall not use sanitary facilities or sewers to clean tools or dispose of cleaning liquids.

11. 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 as applicable to the services in accordance with Exhibit A, Scope of Work. 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. No invoice shall be paid unless the work site is cleaned to the satisfaction of Caltrans Contract Manager. All debris generated by Contractor’s performance of the services, including any and all discarded parts or materials, shall be moved from the work site each day.

D. Once Contractor takes possession of the materials, Contractor shall take ownership of the materials and shall dispose of or recycle them in a lawful manner.

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

12. Inspection and Acceptance for Payment A. 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.

B. Caltrans Contract Manager will have the ultimate responsibility and authority to determine whether Contractor has satisfied Contractor 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 the applicable contract requirements.

C. 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.

D. 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, Section 2, Termination.

13. Discovery of Asbestos, Lead-based Paint, or Other Hazardous Substances/Materials:

A. If Contractor discovers or suspects asbestos, lead-based paint, or other known hazardous substances/materials in the area affected by the Agreement, Contractor shall STOP WORK IMMEDIATELY. Contractor shall verbally notify Caltrans Contract Manager of these findings immediately and confirm verbal notification in writing within 24 hours. Contractor is not responsible for any work related to clean up or disposal of these substances.

Exhibit A

Public Works (State)

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 work, Contractor shall be compensated only for work completed to Caltrans Contract Manager 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.

14. Warranty Upon completion and acceptance of work by Caltrans Contract Manager, Contractor shall provide a warranty for the period of one (1) year against defects and deficient workmanship. Contractor shall guarantee all parts, components, and services that were provided under this Agreement. Contractor shall guarantee to repair or replace any work, as well as any adjacent work that may be affected during the process, which does not meet contract requirements or is found to be defective in workmanship or materials within the specified guarantee period, without any expense whatsoever to Caltrans.

15. 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

Public Works–State

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 invoice(s) shall be returned to Contractor, unpaid, for correction.

B. Contractor will be paid a lump sum of $TBD, in arrears, in full payment for all work and services performed under this Agreement.

C. Each invoice shall include:

1) Agreement Number 08A3943

2) Dates of Service

3) Location of Service

4) Description of Work Performed

D. The invoice shall be submitted in triplicate to:

California Department of Transportation (Caltrans) D8/ Traffic Operations Attention: TBD Street Address/P.O. Box City, CA Zip Code

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

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

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

C. It is mutually agreed that if Congress or State Legislature does not appropriate sufficient funds for the program, 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.

Exhibit B

Public Works–State

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 Total amount of this Agreement shall not exceed $TBD.

5. 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.

6. 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. Contractor 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 of Department of Industrial Relations (DIR) website at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

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

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

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

Exhibit B

Public Works–State

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

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

1) Each Contractor and Subcontractor shall keep accurate payroll records and supporting documents as mandated by California 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) Employer has complied with 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. Contractor shall provide copies of certified payrolls or permit inspection of its records as follows:

a) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to employee or 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, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the of Industrial Relations. Certified payrolls submitted to Caltrans, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards shall not be altered or obliterated by Contractor.

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 regular mail on the business day following receipt of the request.

3) 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.

4) 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

Exhibit B

Public Works–State social security number. The name and address of Contractor awarded the Agreement or performing the Agreement shall not be marked or obliterated.

5) 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.

6) 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, they 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 6, above, for noncompliance with the provisions of said 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. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this clause.

9. 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

Exhibit B

Public Works–State

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, inclusive.

B. The amount of this forfeiture shall be determined by Labor Commissioner and shall be based on consideration of the 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 their 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 their 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 the general prevailing per diem wages by Subcontractor, Prime Contractor of the 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) The Agreement executed between Contractor and Subcontractor for the performance of work on the public works project shall include a copy of the 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 the Subcontractor to the employees by periodic review of the certified payroll records of the Subcontractor.

3) Upon becoming aware of failure of Subcontractor to pay his or her 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 the Subcontractor for work performed on the public works project.

4) Prior to making final payment to the Subcontractor for work performed on the public works project, Contractor shall obtain an affidavit signed under penalty of perjury for the Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the 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 Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by Caltrans.

Exhibit B

Public Works–State

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

10. State General Prevailing Wage Rates A. Contractor agrees to comply with all the 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 general prevailing wage rate of per diem wages and 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 of the provisions of this clause.

11. 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:

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

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 the 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

12. Hours of Labor A. Eight (8) hours labor constitutes a legal day's work. Contractor shall forfeit, as a penalty to the State of California, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by Contractor or any Subcontractor under Contractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm mailto:labor.compliance@dot.ca.gov

Exhibit B

Public Works–State violation of the provisions of the Labor Code, and in particular Sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and 40 hours in any week, at not less than one and one-half times the basic rate of pay, as provided in Section 1815.

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

13. Employment of Apprentices A. Where the prime contract 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, P.

O. 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. 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.

Exhibit D

Public Works–State

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.

C. The final decision by Caltrans Contract Officer does not preclude subsequent litigation of the dispute in a court of competent jurisdiction.

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 the expiration date, Caltrans may, at its discretion, terminate this Agreement with 30 days’ 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 (3) years from the date of final payment under the Agreement. Caltrans, the State Auditor, Federal Highway Administration (FHWA), 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 Contractor’s books, records, and documents that are pertinent to

Exhibit D

Public Works–State 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. Subcontractors A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between Caltrans and any Subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to Caltrans for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Contractor. Contractor's obligation to pay its Subcontractors is an independent obligation from Caltrans obligation to make payments to Contractor.

B. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted, except for Subcontractors listed on the Bidder Declaration (GSPD-05-105), Attachment 2.

C. Any subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all of the provisions stipulated in this Agreement to be applicable to Subcontractors.

D. Any substitution of Subcontractors shall comply with the requirements of Public Contract Code Sections 4100 et seq. and must be approved in writing by Caltrans Contract Manager in advance of assigning work to a substitute Subcontractor.

5. Reporting Disabled Veteran Business Enterprise (DVBE) Utilization A. If this Agreement requires DVBE participation, it is the responsibility of Contractor to track DVBE participation requirement 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) (DVBE Utilization Report) to Caltrans Contract Manager with each invoice.

B. If Contractor fails to submit the ADM-3059 with the final invoice, Caltrans Contract Manager shall withhold $10,000, or the full payment if it is less than $10,000, from the final payment on the 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 the final invoice.

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

https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM3059

Exhibit D

Public Works–State

6. 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) (DVBE Utilization Report) to Caltrans Contract Manager with each invoice.

7. DVBE Participation (Not Required) Caltrans has not established a DVBE participation requirement 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 work become available.

8. 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.

9. Laws to be Observed Contractor shall keep fully informed of all existing and future laws, including: State and Federal, county and municipal ordinances and regulations including but not limited to Senate Bill 1383 of 2016 Title 14, CCR, General Provisions section 18981.2, Public Resources Code sections 42652 et. seq., and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, 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. 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.

https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM3059

Exhibit D

Public Works–State

10. 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.

11. 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.

12. Force Majeure Except for defaults of Subcontractors, 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.

If a delay in, or failure of, performance by Contractor arises out of a default of its Subcontractor, and if such default of its Subcontractor arises out of causes beyond the (direct or indirect) control of both Contractor and Subcontractor, and without the fault, intentional act, or negligence of either of them, Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by the Subcontractor were obtainable from other sources in sufficient time to permit Contractor to meet the required performance schedule.

13. 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.

14. Bonds Payment Bond Requirement: If the total contract price exceeds $25,000, Contractor shall furnish a Payment Bond for not less than one hundred percent (100%) of the total amount payable by the terms of this Agreement. The Payment Bond is due prior to the start date of work. No work may commence without receipt of a valid Payment Bond. The Payment Bond must be in effect at all times for the duration of the Agreement. If the Payment Bond expires during the term of the Agreement, a new Payment Bond must be provided to the Caltrans Contact Manager not less than 10 business days prior to its expiration. Failure to maintain a

Exhibit D

Public Works–State

Payment Bond for the full term of this Agreement will be grounds for termination for default in addition to other legal remedies Caltrans may have. Inadequate or lack of a Payment Bond does not negate Contractor’s obligations under this Agreement.

15. 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 the 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 the 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, the 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 the existence or degree of negligence or fault on the part of Caltrans, the State of California, and/or any of their officers, agents and/or employees.

16. 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.