Addendum_2.pdf

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

DEPARTMENT OF TRANSPORTATION

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th STREET, MS-65

SACRAMENTO, CA 95816

PHONE (916) 227-6000

TTY 711

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

March 29, 2024

ADDENDUM TWO

INVITIATION FOR PRICE QUOTE (IFPQ)

Siding Replacement and Painting Services in El Dorado County

IFPQ NO. 03A3714

NOTICE TO ALL PROSPECTIVE BIDDERS:

Addendum Two is being issued for the above-referenced IFPQ. Price Quotes for this work shall be with the full understanding of this Addendum.

The following represents changes for this IFPQ:

1. Proposed Form of Agreement, Attachment 4, Building Specs, has removed the “99-

07464 Fiber Cement Siding” and “00-076202(C) Roof Penetration Flashings” sections and the new version is attached to the revised attached Proposed Form of Agreement.

2. Proposed Form of Agreement, Attachment 5, Siding Illustration, has been created and is attached to the revised attached Proposed Form of Agreement.

3. Proposed Form of Agreement, Exhibit A, Item 6.A, has been revised to read as follows:

A. See Attachment 3, As-Builts, Attachment 4, Building Specs, and Attachment 5, Siding Illustration for further details about this Agreement.

4. Proposed Form of Agreement, Exhibit A, Item 6.B.1.a, has been revised to read as follows:

a) Contractor shall remove and legally dispose of one (1) layer equivalent to 5,243 3,042 square feet (sq. ft.) of existing siding on the South Lake Tahoe Dormitory Building’s East and West Elevations down to the sheathing.

i. First floor: 3,367 sq. ft. East Elevation: 1,569 sq. ft.

ii. Second floor: 1,876 sq. ft. West Elevation: 1,473 sq. ft.

5. Proposed Form of Agreement, Exhibit A, Item 6.B.3, has been revised to read as follows:

3) Fiber Cement/Composite Metal Siding Installation

Contractor shall coordinate with the Maintenance Station Supervisor for traffic control and construction work, and:

6. Proposed Form of Agreement, Exhibit A, Item 6.B.3.a, has been revised to read as follows:

a. Install new four-inch (4”) composite metal trim boards on main corners of building to provide a proper termination for siding panels.

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

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

7. Proposed Form of Agreement, Exhibit A, Item 7.A, has been revised to read as follows:

A. Paint colors shall be the following, with federal color number specifications found at the following link: https://www.federalstandardcolor.com/

COLOR & PAINT SCHEDULE

ITEM COATING SYSTEM FEDERAL COLOR NUMBER

Metal Roofing Pre-Finished by

Manufacturer 14097

Metal Siding Profile Pre-Finished by Manufacturer

10324

Structural Steel N/A 10324 Miscellaneous Metals N/A 10324 Concrete Wall & Pedestals (exterior only paint)

N/A 10324

Guard Posts N/A 33696 Trim Color N/A 14036 Siding Color to Match N/A 10324

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

Question 1:

The replacement material spec is confusing. Can you please clarify what type of materials are to be used as the new siding?

Answer 1:

All new siding shall entirely consist of Prestige Series metal siding 12-inch-wide profile 22 gauge minimum from AEP Span (aepspan.com) (or equivalent) with 1 rib. Ribs of siding panel should closely match the ribbing dimensions of remaining Hardie panels. All pre-manufactured sheet metal flashings needed to ensure a weathertight seal will be included in work. Provide a sample of siding to Contract Manager for approval. Color should match color from table as specified in contract documents. Siding shall be approved for Wildland Urban Interface (WUI) and is required to comply with Chapter 7A of the California Building Code. Per CAL FIRE - Office of the State Fire Marshal (OSFM) as published in the “OSFM Listed WUI Products Handbook.”

Question 2:

Will Caltrans change the spec for siding material to be a continuous layer of Bituthane and 24 gauge painted metal siding/trims over the top?

Answer 2:

See Answer 1 above.

Question 3:

Will there be any new construction materials installed on the roof?

Answer 3:

No. Refer to Proposed Form of Agreement, Attachment 4, Building Specs, Sections 99- 07410C (Construction), 99-07620 (Sheet Metal Flashing), and 99-07620B2 (Shop Fabrication).

https://www.federalstandardcolor.com/

Question 4:

Can we have a 12’ wide clear path around the building perimeter while working on the project?

Answer 4:

Yes, please check in with Maintenance Station Supervisor when work is to be done.

Question 5:

Before the new siding is installed, what percentage of sheathing should we anticipate replacing under this contract?

Answer 5:

25% Sheathing and 50% Fascia Board, Replace all Metal Flashing. Damaged or Dry-Rotted Fascia Board shall be identified and replaced with the approval of Caltrans Contract Manager.

See “Miscellaneous Materials” in Attachment 4. Damaged or missing siding penetration metal vents or covers shall be replaced with new.

Question 6:

Currently, how many sheathing needs to be replaced as part of this bid?

Answer 6:

See Answer 5 above.

Question 7:

Are there any hazardous materials on the building that need to be abated? If so, who is responsible for abating it?

Answer 7:

There are not any hazardous materials on the building that need to be abated.

Question 8:

Confirm the windows and the trim around the windows is to remain.

Answer 8:

Yes, they are to remain.

Question 9:

Advise if the fascia board needs to be removed or replaced, and if it needs to be replaced does the roof edge flashing need to be replaced.

Answer 9:

50% of the fascia board needs to be replaced. Roof edge flashing does not need to be replaced.

Question 10:

Confirm if there is plywood sheathing behind the existing siding.

Answer 10:

There is no plywood sheathing behind the existing siding.

Question 11:

Advise if the sheet metal at the bottom of the siding is to be reused or replaced.

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

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

Answer 11:

Replaced.

All other terms and conditions set forth in the Invitation for Price Quote shall remain in full force and effect.

If you should have questions regarding this addendum, please contact Spencer Struve at (279) 234-2685, or email: Spencer.Struve@dot.ca.gov

Sincerely, Spencer Struve Contract Analyst mailto:Spencer.Struve@dot.ca.gov s152759 Line

Invitation for Price Quote IFPQ Number 03A3714

Attachment 10

Proposed Form of Agreement

Note to Bidders: The following pages represent a sample of the Agreement that will be awarded, if any, from this IFPQ. Please review it carefully and present any questions in writing to the contact identified for this IFPQ.

2. The term of this Agreement is:

Contractor’s Name TBD Agreement Number 03A3714

Exhibit A

Public Works (State)

Scope of Work

1. Contractor agrees to provide to the California Department of Transportation (Caltrans) siding replacement and painting services as described herein:

Contractor shall provide all labor, tools, equipment, materials, travel, vehicles, permits, and incidentals necessary to remove and legally dispose of existing siding and install new siding and paint at the Caltrans South Lake Tahoe Dormitory Building in District 03.

2. The services shall be performed at the Caltrans South Lake Tahoe Dormitory Building located at 2243 Cornellian Drive, South Lake Tahoe, CA 96150 in El Dorado County.

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

4. This Agreement will commence on May 1, 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 July 19, 2024 (estimate). The services shall be provided during normal business hours Monday through Thursday 7:00 a.m. to 4:00 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:

California Department of Transportation (Caltrans) Contractor: TBD

Section/Unit: District 03/Maintenance Project Manager:

Caltrans Contract Manager: TBD

Address: 703 B Street Marysville, CA 95901

Address:

Business Phone Number: (530) 682-XXXX Business Phone Number:

Email: TBD@dot.ca.gov Email:

6. Detailed Description of Work A. See Attachment 3, As-Builts, Attachment 4, Building Specs and Attachment 5, Siding Illustration, for further details about this Agreement.

B. Siding

1) Removal

a) Contractor shall remove and legally dispose of one (1) layer equivalent to 3,042 square feet (sq. ft.) of existing siding on the South Lake Tahoe Dormitory Building’s East and West Elevations down to the sheathing.

i. East Elevation: 1,569 sq. ft.

ii. West Elevation: 1,473 sq. ft.

b) All job-related debris shall be cleaned up daily by Contractor and disposed of in an on-site dumpster provided by Caltrans.

c) Contractor shall inspect sheathing for defects. Caltrans Contract Manager shall determine if sheathing needs replacement based on Contractor's inspection for defects. If necessary, Contractor shall replace the sheathing.

2) Underlayment and Weather Proofing Contractor shall:

a) Install new 30-year weather barrier wrap according to manufacturer specifications. All seams and joints of weather barrier wrap shall be sealed with flashing tape.

b) Install color coordinated aluminum drip cap flashings over all windows and doors where applicable.

c) Seal penetrations with seam tape prior to installation of new accessory channels, blocks, and siding.

d) Fabricate and install color coordinated sill/ledge flashing trim over all horizontal brick ledges.

3) Metal Siding Installation Contractor shall coordinate with the Maintenance Station Supervisor for traffic control and construction work, and:

a) Install new four-inch (4”) metal trim on main corners of building to provide a proper termination for siding panels.

b) Install custom fabricated starter strip at base of dormitory building along bottom of sheathing to build out first course of siding to proper angle. Siding shall overlap starter approximately one-quarter inch (1/4”) to hide starter.

c) Install new, pre-finished, metal siding according to manufacturer’s specifications and best practices installation guidelines including the following:

i. Custom fabricate panels for proper fit around openings and penetrations leaving proper gaps for expansion and contraction.

ii. All siding panel ends that terminate in the field shall terminate on a stud. Any field butt joints shall be factory finished/primed ends and not field cut ends.

iii. Flashing must be installed behind each field joint to overlap the top course below the joint. The flashing should extend upward past the top of the course at the location where the joint is being flashed.

iv. In the event of multiple field joints, joints shall be staggered a minimum of 32” between courses per manufacturer’s recommendations.

v. Corrosion resistant fasteners shall be used and placed into studs at 16” or 24” on center with nails to penetrate studs a minimum of one and one-quarter inch (1 ¼”) in accordance with manufacturer’s installation guidelines. Nails shall be installed approximately three-quarters inch (3/4”) to one inch (1”) down from top edge of the board and kept approximately three-eighths inch (3/8”) off of ends according to best practices installation guidelines.

vi. Keep a minimum two inches (2”) clearance at roof to sidewall transitions to help prevent moisture from wicking up behind panels. Cut edges of siding to be primed/painted prior to installation.

vii. Leave a one-quarter inch (1/4”) clearance over horizontal flashings to allow moisture to weep out of the system.

viii. Keep a minimum six inches (6”) clearance from grade/ground to first course of siding.

ix. Leave a one-eighth inch (1/8”) gap at all siding-to-trim transitions to allow for expansion and contraction, and to provide an area for caulking.

x. All siding to trim termination joints shall be caulked with professional grade sealants to prevent air and water infiltration.

7. Painting A. Paint colors shall be the following, with federal color number specifications found at the following link: https://www.federalstandardcolor.com/

COLOR & PAINT SCHEDULE

ITEM COATING SYSTEM FEDERAL COLOR NUMBER

Metal Siding Profile Pre-Finished by Manufacturer

10324

Structural Steel N/A 10324

Miscellaneous Metals N/A 10324

Concrete Wall & Pedestals (exterior only paint)

N/A 10324

Guard Posts N/A 33696

Trim Color N/A 14036

Siding Color to Match N/A 10324

B. Federal color numbers are to be used for color only, not gloss level.

C. Caltrans Contract Manager shall approve final color selections.

8. 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. 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 on or in Caltrans Buildings and Caltrans Property, DD 49-Sexual Harassment Prevention.

https://www.federalstandardcolor.com/

C. Public safety and convenience are to be considered at all times. If any person employed by Contractor appears to Caltrans Contract Manager to be incompetent or to act in a disorderly, unsafe, or improper manner, that person 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.

D. 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 employee be removed from doing further work on this Agreement by Contractor.

9. 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 in performing the services. Repair efforts must be performed in a manner in 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.

10. Final Clean Up Contractor shall leave the work site in a clean and neat condition. If the work site is not left in a clean and neat condition, Contractor shall be called back to clean the work site as required at its sole expense. No invoice shall be paid unless the site has been 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 removed from work site upon completion of services each day, hauled away, and legally disposed of by Contractor, according to all local, State, and Federal laws.

11. Inspection and Acceptance for Payment Work is subject to inspection and acceptance by Caltrans Contract Manager. Caltrans Contract Manager shall have the ultimate responsibility and authority to determine whether Contractor’s duties and obligations under this Agreement, including specifically whether Contractor delivered all work (i.e. product and deliverables or services) and whether Contractor’s work (i.e. product and deliverables or services) satisfied all of the applicable criteria in accordance with this Exhibit A, Scope of Work. Any work that needs corrections shall be at Contractor’s sole cost and expense. Failure to begin work and to complete work as required by this Agreement shall be considered grounds for termination of this Agreement for default in accordance with Exhibit D, item 2, Termination.

12. Warranty Upon completion and acceptance of work by Caltrans Contract Manager, Contractor shall provide a warranty for two (2) years against defects and deficient workmanship. Contractor shall guarantee all parts, components, and services that were provided under this Agreement.

13. Work Site Clean Up A. Contractor shall own and assume all responsibility for all litter, waste, debris, and similar materials arising from or produced by the work performed under this Agreement.

Contractor shall clean and keep the area in orderly, safe, and clean condition, including but not limited to any spills or smudges as applicable to the services in accordance with the Exhibit A, Scope of Work. If the work site is not left in a clean and orderly condition in the sole opinion of Caltrans Contract Manager, then Contractor shall be called back to correct the condition at no additional charge to Caltrans.

B. Contractor shall promptly remove such litter, waste, debris, and other materials produced during this work and legally dispose of them in accordance with the Exhibit A, Scope of Work and Attachment 1.

C. Such litter, waste, debris, and other materials are not expected to include hazardous waste. However, if hazardous waste is encountered, Contractor shall stop work immediately and notify Caltrans Contract Manager. Work cannot start again until Contractor receives clearance from Caltrans Contract Manager.

D. Once Contractor takes possession of the materials, Contractor will take ownership of the materials and will dispose of or recycle them in a lawful manner in accordance with the Exhibit A, Scope of Work.

E. Contractor’s price quote includes the cost to disposal of or recycling of the materials, and Contractor shall be responsible for such disposal and recycling costs.

F. Contractor shall take all necessary precautions to prevent injury or hazards to Caltrans employees and the public, and shall avoid causing any unreasonable inconvenience to any individual doing business on Caltrans property.

14. Contractor’s Responsibilities A. Contractor shall ensure that only qualified and competent personnel are permitted on the job site and that the work shall be safely performed by the highest industry standards.

Contractor shall take all the necessary precautions to prevent injury or hazard to Caltrans employee(s) or the public.

B. 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 in this Agreement.

C. Contractor shall avoid causing unreasonable inconvenience to any person(s) doing business on Caltrans property. In the event Contractor’s operation creates a condition hazardous to the Caltrans property occupants or the general public, Contractor shall provide all applicable warning signs alerting to any dangerous conditions at Contractor’s own expense and without cost to Caltrans.

D. Contractor shall obtain and pay for all permits, licenses, registrations, and certificates required by local ordinances as applicable to this Agreement and its Exhibit A, Scope of Work.

15. Materials/Supplies/Parts Contractor will be reimbursed for the actual cost of materials/supplies/parts purchased to be consumed or installed at the work site in performance of the Agreement (including applicable sales tax), without additional allowance for markup. Contractor costs associated with the purchase and installation of materials/supplies/parts are included in Contractor’s hourly rate for services that include wages, overhead, general, and administrative expenses and profit. Cost of materials/supplies/parts are to be substantiated by a copy of the appropriately signed original invoice verifying the actual cost and delivery of the materials/supplies/parts of Caltrans. Total expenditures for materials/supplies/parts shall not exceed the amount set forth in the line item for material/supplies/parts in Attachment 1.

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 03A3714

2) Dates of Service

3) Location of Service

4) Receipts for Material and Supplies

D. Each invoice shall be submitted in triplicate to:

California Department of Transportation (Caltrans) District 03/Maintenance Attention: TBD 703 B Street Marysville, CA 95901

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 Total amount of this Agreement shall not exceed $TBD.

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.

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

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

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 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 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 https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm mailto:labor.compliance@dot.ca.gov 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 for default. Additionally, Contractor may be liable to Caltrans for damages including the difference between Contractor’s original bid price and the actual cost of performing the work by another Contractor.

Default is defined as Contractor failing to perform services required by the Agreement in a satisfactory manner.

B. Caltrans reserves the right to terminate this Agreement for any or no cause upon 30 days’ written notice to Contractor or immediately in event of default or material breach by Contractor.

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. Subcontractors (Painting Services Only) 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.

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.

5. 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.

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

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

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) (https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM3059) 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 the work become available.

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

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

9. 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.

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

11. 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 Contractor.