Addendum__1_12A2229.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.

October 8, 2024

Addendum No. 1 Invitation for Price Quote (IFPQ) #12A2229

Parking Lot Paving, Installation of Storm Drains and Electrical Conduits, in Orange County

NOTICE TO ALL PROSPECTIVE BIDDERS:

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

The following changes have been made for this IFPQ:

1) The bid submittal date for this IFPQ has been extended to October 15, 20204.

The following represents revised bid due of this IFPQ.

Event Date Time (Pacific Time)

IFPQ available to prospective bidders September 25, 2024 Mandatory Site Inspection October 3, 2024 10:00 a.m.

Written Question Submittal October 4, 2024 3:00 p.m.

Final Date for Quote Submission October 15, 2024 3:00 p.m.

Proposed Award Date (estimate) October 29, 2024

2) Please see attached revised Std. 213 Standard Agreement.

3) Item 8.E has been added to Exhibit A, to be read as:

The services shall be performed at the locations, shown in Attachment 2, Location Map.

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

Question 1:

Is there a plan/drawing that shows the limits of slurry seal & striping and trenching locations for the proposed electrical conduits and drainpipes?

Answer 1:

Please see attached Attachment 2 Location Map.

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

Sincerely, Gurinder Kaur Contract Analyst

2. The term of this Agreement is:

Contractor’s Name Agreement Number 12A2229

Exhibit A

Public Works (State)

Scope of Work

1. Contractor agrees to provide to the California Department of Transportation (Caltrans)

Parking Lot Paving, Installation of Storm Drains and Electrical Conduits for Electronic Vehicles (EV) Chargers as described herein.

Contractor agrees to provide all labor, parts, materials, tools, supplies, equipment, transportation, travel, and incidentals required to deliver and apply seal coat or crack seal, striping, installation of storm drains, and electrical conduits installation.

2. The services shall be performed at the Caltrans District 12 Transportation Management Center (TMC) located at 6681 Marine Way, Irvine, CA 92618, within Orange County.

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

4. This Agreement will commence on November 11, 2024 (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 June 30, 2025 (estimate). The services shall be provided during normal business hours Monday through Friday 8:00 a.m.

to 5:00 p.m., excluding State holidays. The parties may amend this Agreement as permitted by law.

5. This Agreement cites specific portions of the most current version of the Caltrans 2023 Standard Specifications and the revised 2023 Standard Specifications (herein collectively referred to as the “Standard Specifications”). The Standard Specifications can be accessed via the Internet at: https://dot.ca.gov/programs/design/july-2023-ccs-standard-plans-and-standard-specifications. Only the sections of the Standard Specifications cited in this Agreement are requirements and are hereby incorporated by this reference as if attached to this Agreement. All other portions of the Standards Specification are not applicable to this Agreement.

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

California Department of Transportation (Caltrans):

Contractor: TBD

Section/Unit: D12/ Traffic Operations (TMC) Section/Unit:

Caltrans Contract Manager: TBD Project Manager:

Address: 6681 Marine Way

Irvine, CA 92618

Address:

Business Phone Number: Business Phone Number:

Email: Email:

https://dot.ca.gov/programs/design/july-2023-ccs-standard-plans-and-standard-specifications https://dot.ca.gov/programs/design/july-2023-ccs-standard-plans-and-standard-specifications

7. General Work Description A. The schedule of work will be determined at a pre-construction meeting. Work is expected to be completed within two (2) months after the start of work if weather permits.

B. Contractor’s bid shall include full compensation for furnishing all labor, parts, materials, tools, supplies, equipment, transportation, travel, and incidentals, as described in this Scope of Work. Additional work or unforeseen items shall not be performed under this Agreement.

C. Contractor shall verify all seal and delineation quantities prior to the start of work.

D. Contractor shall comply with all applicable Federal, State, County, City and Municipal laws, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work to be performed.

E. All permits and licenses, registrations and certificates required by local ordinances must be obtained and paid for by Contractor and shall be included in Price Quote Proposal, Attachment 1.

F. All work performed must be in compliance with current industry standards.

G. Any work or material that is found to be substandard by Caltrans Contract Manager, or not in compliance with State standards, shall subject Contractor to a call back to redo the job and bring the job up to standard. Contractor shall perform any work under a call-back, including the materials required to complete such work, at its sole expense and at no cost to Caltrans.

H. If poor work by Contractor persists and necessitates a third “call back” to complete and or correct work, Contractor is hereby advised that this poor work record shall constitute grounds for termination of the Agreement, at the sole discretion of Caltrans Contract Manager.

I. Before starting work, Contractor shall designate, in writing, an authorized representative who shall have the authority to represent and act on Contractor’s behalf. Contractor’s authorized representative or designee shall be present at the work site while work is in progress. Contractor’s representative shall provide contact information to Caltrans Contract Manager, prior to the start of work.

J. Contractor shall apply two (2) coats of seal coat by using squeegees for spreading, spreader boxes, by distributor equipment as specified by manufacturer or other suitable methods approved by Caltrans Contract Manager.

K. Contractor shall apply hot crack seal to cracks greater than one quarter inch (¼”) prior to seal coat per the Standard Specifications Section 37-6, “Crack Treatment.” For cracks smaller than a quarter inch (¼”), Contractor shall fill cracks with multiple coats of seal coat material. Contractor shall fill cracks from bottom up so no voids will be present in the sealant material.

L. Contractor shall clean surface to be sealed of all loose dirt, dust, sand, oil, and other foreign matter. Surface should be prepared per manufacturer’s recommendation.

M. Contractor shall remove overgrown vegetation that may interfere with crack seal or seal coat prior to the start of work. Vegetation shall be removed.

N. Prior to the start of work, Contractor shall protect-in-place all utilities on-site.

O. Contractor shall post a sign notifying the facility parking will be closed for maintenance.

The sign shall be placed two (2) weeks prior to beginning of work in a location near the entrance of the lot or as approved by Caltrans Contract Manager. The sign shall be 48”x 48” with four-inch (4”) lettering and must display No Parking – Tow Away. Signs must state the dates and hours parking, or access will be restricted. Barricades may be used to restrict access to parking lot during construction.

P. Contractor is permitted to use the adjacent maintenance yard lots as staging areas as coordinated and approved by Caltrans Field Maintenance Superintendent.

Q. If temporary striping is required, Contractor shall use temporary paint on the surface while seal coat is curing.

R. Drainage inlet protection sandbags can be removed while work is ongoing and returned to their place once seal coat work is complete.

8. Detailed Work Description A. Parking Lot Repairs and Electrical Conduits Installation

1) Contractor shall scan areas for underground utilities.

2) Contractor shall sawcut asphalt/concrete trench 138 linear feet (LF) to depth of six inch (6”).

3) Contractor shall remove concrete sidewalk curb and gutter and asphalt trench 175

sq. ft. and haul away.

4) Contractor shall excavate trench 2’W x 3’D x 58’L and haul away.

5) Contractor shall core two (2) six-inch (6”) holes through concrete for new four-inch

(4”) electrical conduit.

6) Contractor shall cut asphalt around ten (10) utility covers and haul away.

7) Contractor shall install 12” bedding sand to trench 116 sq. ft.

8) Contractor shall install two (2) 44” schedule 40 electrical conduits 132 linear feet.

9) Contractor shall install one (1) SAK slurry to finish grade.

10) Contractor shall install six-inch (6”) 3000 PSI concrete to 109 sq. ft. sidewalk and 45

sq. ft. curb gutter. Finish to match existing sideways and curb gutters.

11) Contractor shall adjust ten (10) utility boxes to finish asphalt elevation.

12) Contractor shall clean necessary asphalt edges to ensure they are free from dirt and debris.

13) Contractor shall apply vertical tack coat to all necessary edges.

14) Contractor shall install four-inch (4”) new hot mix asphalt state half-inch (1/2”) PG 64-

10 and compact to 95% with machine roller (includes trench area/curb gutter area and ten (10) utility covers).

15) Contractor shall remove existing thermal plastic five (5) mph as needed.

16) Contractor shall install hot rubberized crack filler to all cracks.

17) Contractor shall apply seal coat, remove, and replace signage and striping.

B. Contractor shall proportion the mix, prepare the surface, and install the seal coat in accordance with Standard Specifications Section 37-5, “Parking Area Seals”. Contractor shall use Steel Guard 60 or equivalent.

C. Contractor shall remove and replace all delineation. Arrows and word markings shall be removed in a manner that does not damage underlying pavement per Standard Specifications. All striping shall be four-inches (4”) in width and two-coat paint added per Standard Specifications. Section 84-2, “Traffic Stripes and Pavement Markings”.

Accessible parking striping shall follow Standard Plan Numbers A24C (Symbols and Numerals) and A90A (Accessible Parking Off-Street).

D. Storm Drain Addition

1) Contractor shall saw cut existing concrete/ asphalt to be removed.

2) Contractor shall remove concrete /asphalt area 240 sq. ft. and haul away.

3) Contractor shall excavate area 240 sq. ft. to the depth of five feet (5’) and haul away.

4) Contractor shall install six-inch (6”) bedding for new 12” SDR 35.

5) Contractor shall install new 30” concrete inlet structure traffic rated to match existing.

6) Contractor shall install 97 LF 12” drainpipe and connect to existing 24” storm drain.

7) Contractor shall cover remaining 12” SDR pipe with 12” bedding sand.

8) Contractor shall install one (1) SAK slurry to finish grade.

9) Contractor shall place 3000 PSI concrete to match existing.

10) Contractor shall apply vertical tack to all necessary edges.

11) Contractor shall install four-inch (4”) new hot mix asphalt state half-inch (1/2”) PG 64-

10 and compact to 95% with machine roller.

E. The services shall be performed at the locations, shown in Attachment 2, Location

Map.

9. 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, in the sole opinion of Caltrans Contract Manager. Contractor shall take all the necessary precautions to prevent injury or hazard to Caltrans employee(s), invitee(s) and/or the public.

B. Contractor shall conduct its operation in such a manner as to avoid injury or damage to the property of Caltrans or any adjacent property. Any damage caused by Contractor’s negligence shall be repaired and/or replaced at Contractor’s expense. Contractor shall notify Caltrans Contractor immediately of any damage caused.

C. Contractor shall avoid causing unreasonable inconvenience (in the sole opinion of Caltrans Contract Manager) to any person(s) doing business on Caltrans property.

D. If at any time, Contractor’s operations are determined to be hazardous for environmental or safety reasons, Caltrans Contract Manager may shut down Contractor’s operations until the problem is remedied.

10. 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 and sub-contractors 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 and sub-contractors’ 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, in coordination with Caltrans Contract Manager.

5) Administer personnel actions for Contractor personnel and ensure appropriate actions taken for subcontractor 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) Manage subcontractors.

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

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

11. 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 shall stop work immediately. Contractor shall verbally notify Caltrans Contract Manager of these findings immediately and confirm verbal notification in writing within 24 hours. No hazardous materials or waste shall be handled by Contractor and 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 Agreement, 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, Section 2, Termination. Contractor shall be responsible for all damages arising from failure to disclose the discovery of any hazardous substances.

12. 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 will approve who shall be hired to complete the work.

13. Code of Conduct A. 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.

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

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

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

B. Contractor shall own and assume all responsibility for litter, waste, debris, and similar materials arising from or produced by the work performed under this Agreement.

Contractor shall haul away and legally discard any materials or debris caused by its work actions from the job site.

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

15. 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 will have the ultimate responsibility and authority to determine whether Contractor 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 the applicable contract requirements (including acceptance criteria or tests). Approval of work constitutes approval for payment and not transference or termination of Contractor’s responsibility to perform work in accordance with the terms of the Agreement, and any work that needs corrections shall be at Contractor's sole cost and expense in a timely manner.

Regardless of any prior inspections and acceptances of work during the term of this Agreement, all work is subject to final inspection and approval by Caltrans Contract Manager. Failure to complete work, as required by this Agreement, shall be considered grounds for termination of this Agreement for default.

16. Warranty A. Upon completion and acceptance of work by Caltrans Contract Manager, Contractor shall provide a warranty for one (1) year against defects and deficient workmanship.

Contractor shall guarantee all parts, components, and services that were provided under this Agreement.

B. Contractor hereby unconditionally guarantees that the work shall be completed in accordance with the requirements of the Agreement, and further guarantees the work of the Agreement to be and remain free of defects in workmanship and materials for a period of one (1) year from the date of acceptance of the Agreement.

C. All completed work shall have a guarantee or warranty for quality and durability per manufacturer and current business standards for one (1) year after completion of work.

Corrective action, at no additional cost to Caltrans, shall be taken by Contractor within three (3) days after notification of a defect.

17. 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 Price Quote 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

2) Dates of Service

3) Location of Service

4) Detailed account of work performed

D. Each invoice shall be submitted in triplicate to:

California Department of Transportation (Caltrans) D12/ Traffic Operations (TMC) 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 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.

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 $TBD.

B. It is understood and agreed that this total is an estimate and that Caltrans will pay only for those services actually rendered as authorized by Caltrans Contract Manager up to the total amount set forth in Section 4A, above.

5. Rates Contractor shall perform all work under this Agreement for the lump sum of $TBD.

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

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 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

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.

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

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 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

Exhibit D

Special Terms and Conditions

1. Settlement of Disputes

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

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

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

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

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

D. In the event that the total Agreement amount is expended prior to 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 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

4. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Technology Use and Reporting A. During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors.

Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

B. Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.

C. The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or or terminate any contract that presents an unacceptable level of risk to the State.

5. 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. Contractor may only subcontract portions of the work to a qualified DGS-Certified Small Business (SB)/Micro Business (MB) or Disabled Veteran Business Enterprise (DVBE), with the same status of Contractor. No work may be subcontracted to any business not certified as a SB/MB or DVBE by DGS. Contractor must ensure that the Subcontractor(s) is/are DGS certified SB/MB or DVBE and have all necessary licenses, permits, certifications and/or equivalent to accomplish its portion of the work. Failure of a Subcontractor(s) to have the proper licenses, permits, certifications and/or equivalent, including the DGS SB/MB or DVBE Certification, may be cause for termination per Exhibit D, Item 2 above.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

D. 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.

E. 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.

6. Reporting Disabled Veteran Business Enterprise (DVBE) Utilization 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) (https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM3059) to Caltrans Contract Manager with each invoice.

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.

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

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

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.