Addendum_3_11A4279C.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/

May 11, 2026

Addendum No. 3 Invitation for Price Quote (IFPQ) #11A4279C

HVAC Replacement in San Diego County

NOTICE TO ALL PROSPECTIVE BIDDERS:

Addendum No. 3 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:

The final date and time for bid submission has been extended and is now May 18, 2026. Please refer to the revised IFPQ timeline below:

Event Date Time (Pacific Time)

IFB available to prospective bidders April 14, 2026

Optional Site Inspection April 22, 2026 10:00 a.m.

Written Question Submittal April 24, 2026 2:00 p.m.

Final Date for Quote Submission May 18, 2026 2:00 p.m.

Proposed Award Date (estimate) June 5, 2026

Revisions/Attachments:

STD 213 Standard Agreement has been revised and attached.

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

Sincerely, Cristina Martinez Cristina Martinez Contract Analyst http://www.dot.ca.gov/dpac/ http://www.dot.ca.gov/dpac/

2. The term of this Agreement is:

Contractor’s Name TBD Agreement Number 11A4279

Exhibit A

Public Works (State)

Scope of Work

1. Contractor agrees to provide to the California Department of Transportation (Caltrans) Heating, Ventilation, and Air Conditioning (HVAC) replacement services as described herein.

Contractor shall provide all labor, equipment, tools, parts, materials, supplies, permits, disposal fees, travel, and incidentals necessary to remove three (3) old heat pump HVAC units and install two (2) equivalent new units provided by Contractor to Caltrans.

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

3. The services shall be performed at the following locations:

District 11 Museum- 4024 Taylor Street San Diego, CA 92110

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

5. This Agreement will commence on May 15, 2026 (estimate), or upon approval by Caltrans, whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by Caltrans. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by Caltrans Contract Manager. This Agreement will expire on May 14, 2027 (estimate). The services shall be provided during normal business hours Monday through Friday 7:00 a.m. to 4:00 p.m., excluding State holidays. The parties may amend this Agreement as permitted by law.

6. This Agreement cites specific portions of the most current version of the Caltrans 2024 Standard Plans and Specifications (including revisions), herein collectively referred to as the “Standard Specifications”. The Standard Specifications can be accessed via the Internet at:

https://dot.ca.gov/programs/design/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 Specifications are not applicable to this Agreement.

7. 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 11 Facilities Project Manager:

Caltrans Contract Manager: TBD

Address: 4050 Taylor Street San Diego, CA 92110

Address

Business Phone Number: Business Phone Number:

Email: Email:

8. Detailed Description of Work A. Pre-Work Meeting

1) After receiving the Notice to Proceed (NTP), Contractor shall contact Caltrans Contract Manager to schedule a mutually agreed upon date and time for a Pre-Work Meeting, to be held not more than 30 days after Contractor receives the NTP.

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

Exhibit A

Public Works (State)

2) The purpose of the Pre-Work Meeting is to discuss the process steps and schedule of work to be performed, as well as for Contractor to submit data sheets to Caltrans Contract Manager. Special conditions regarding the historic nature of the worksite will be discussed.

3) Contractor shall prepare a submittal for all new units.

4) Contractor shall verify all measurements prior to ordering materials.

5) Contractor must receive written approval from Caltrans Contract Manager prior to purchasing any parts or materials necessary to complete the contracted work.

6) Contractor shall notify Caltrans Contract Manager as well as the Caltrans Environmental

Construction Liaison, Resident Engineer, and/or the Caltrans Cultural Resource Specialist at least five (5) business days prior to beginning any work under this Agreement.

B. Removal Contractor shall be responsible for the proper legal disposal of all parts removed, including but not limited to the entire existing HVAC air handlers and condensers, including recovered refrigerant. This includes any other litter, waste, debris, and similar materials arising from or produced by the work being performed under this agreement. Contractor shall remove three (3) existing units and furnish and install two (2) new units. Refer to Attachment 2, Existing HVAC Units).

C. Installation (Units) Contractor shall furnish two (2) new units of like kind and size with the same cubic feet per minute (cfm) output as those units removed.

1) Two (2) HVAC units consisting of two (2) air handlers with fuel fired heating and two (2) condensers units.

D. Work to Be Performed

Each of the three (3) HVAC units to be removed will be referred to as condensing units 1, 2, and 3 (CU-1, CU-2 CU-3). Each of the three (3) condensing units also has a fan coil unit connected to it and these will be referred to as fan coil units 1, 2, and 3 (FC-1, FC-2, FC-3).

Contractor shall perform the following tasks to facilitate removal of three (3) and replacement of two (2) HVAC units.

1) Contractor shall remove existing FC-3 after proper recovery of refrigerant charge.

2) Contractor shall remove existing refrigerant line set.

3) Contractor shall remove existing supply and return air duct plenums.

4) Contractor shall cap off outside air, return air, and supply air ducts which previously served

FC-3.

5) Contractor shall remove existing FC-1 and FC-2 after proper recovery of refrigerant charge and furnish and install equivalent new units.

6) Contractor shall remove existing refrigerant line set and furnish and install equivalent new line set.

7) Contractor shall retain existing supply and return air plenums for installation of new fan coil units.

Exhibit A

Public Works (State)

8) Contractor shall retain existing power and control connections for reconnection to new fan coil units.

9) Contractor shall remove existing CU-1, CU-2, and CU-3 after proper recovery of refrigerant charge.

10) Contractor shall remove portion of drywall and wood framing in wall above museum rolling storage to facilitate removal of existing fan coil units.

11) Contractor shall be responsible for patching and repairing/replacing all openings left out during the demolition.

12) Contractor shall remove existing humidifier, retaining water, drain, power, and control connections for installation of new humidifier.

13) Contractor shall remove existing de-humidifier, retaining duct connections, power, and control connections for installation of new dehumidifier.

14) Contractor shall remove existing return air grille to facilitate replacement of dehumidifier.

15) Contractor shall remove or move aside existing ductwork connected to return air grille to make room for dehumidifier removal.

16) Contractor shall remove existing caps from 16-inch spiral ducts.

17) Contractor shall provide cap-off and valve for piping and cap-off ductwork that are not intended for reconnections.

18) Contractor shall ensure all equipment or device(s) remain unaffected by demolition and are reconnected to their appropriate system / equipment and ensure functionality.

19) Contractor shall remove and install two (2) new carrier heat pump systems (CU-1/FC-1 and

CU-2/FC-2) along with all new equipment and materials associated with them.

20) Contractor shall install two (2) new heat pump split systems, both utilizing R-454B refrigerant, and with voltage of 208 volts, single phase. Both systems shall have a minimum efficiency for cooling of 18 SEER and for heating of 8.0 HSPF.

21) Contractor shall remove, furnish, and install two (2) condensing units to be installed on the existing concrete pad.

22) Contractor shall install two (2) new indoor fan coil units at the building exterior, with 3/8” expansion bolts, one per side, and shall reconnect to existing ductwork with new flexible connections.

23) Contractor shall include two (2) new refrigerant line sets between indoor and outdoor units.

24) Contractor shall reconnect to the existing wall-mounted disconnect switch for electrical power.

25) Contractor shall reprogram the existing control systems to remove FC-3 and CU-3 from the system and shall reconnect to the two (2) new systems.

26) Contractor shall include two (2) new secondary drain pans with new condensate drain piping’s (copper) to terminate above the existing mop sink.

E. Due to the museum/archival storage nature of this building, Contractor shall also remove and replace one (1) existing humidifier and one (1) dehumidifier:

Exhibit A

Public Works (State)

Item Description

CU-1 / FC-1 System 5-ton Carrier heat pump split system (air-cooled, 208V, single phase) with

56.0 kBtu/h cooling, 41.4 kBtu/h sensible cooling, and 57 kBtu/h heating. Includes condensing unit and indoor fan coil unit.

CU-2 / FC-2 System 4-ton Carrier heat pump split system (air-cooled, 208V, single phase) with same performance specs as CU- 1/FC-1. Includes condensing unit and indoor fan coil unit.

Refrigerant Line Sets (x2) New copper refrigerant piping between each indoor and outdoor unit.

Flexible Duct Connectors (x2 sets) For connecting new fan coil units to existing ductwork, reducing vibration and noise.

Secondary Drain Pans (x2) Installed under each fan coil unit with copper condensate drain piping terminating above existing mop sink.

Electrical Reconnection Reconnect both systems to existing wall-mounted disconnect switches for power.

Direct Digital Controls (DDC) Controls Reprogramming

Remove FC-3 and CU-3 from system and integrate CU-1/FC-1 and CU- 2/FC-2 into existing control system.

H-1 Humidifier 5 lb/hr electrode steam humidifier (Honeywell HM750 or equivalent), installed in FC-2 supply plenum.

Reconnect to existing ductwork, water, drain, power, and controls.

DH-1 Dehumidifier Silica gel desiccant dehumidifier (EBAC DD200 or equivalent), serving FC-2. Reconnect to existing ductwork, power, and controls.

Anchoring Hardware Safety switches that allow power to be shut off to the condensing units.

Air Balancing FC-1 and FC-2 to be balanced to provide 580 CFM of outside air each.

F. New HVAC Equipment – Minimum Specifications:

Contractor shall furnish and install the following Carrier pump split systems:

1) One (1) 5-ton Carrier heat pump split system

Exhibit A

Public Works (State)

2) One (1) 4-ton Carrier heat pump split systems

3) Minimum Performance and Configuration Requirements:

a) System Type: Air-source heat pump split system

b) Efficiency: Minimum SEER2 14.3 and HSPF2 7.5

c) Refrigerant: R-410A or approved low-GWP alternative

d) Compressor: Scroll-type, high-efficiency

e) Metering Device: TXV

f) Indoor Unit: Matching fan coil with ECM motor

g) Outdoor Unit: Weather-resistant cabinet with sound-dampening

h) Controls: Compatible with existing DDC control panel

i) Condensate Management: Primary and secondary drain pans with overflow protection

j) Electrical: Compatible with existing disconnects and power supply

G. Ductwork: Flexible duct connectors at all supply and return connections

1) New fan coil units: Contractor shall provide secondary drain pan and connect new copper primary and overflow condensate drains to existing condensate drains terminating above existing mop sink.

2) Existing supply air diffuser: Contractor shall measure and record airflows from each diffuser prior to ductwork and send report of airflows to Caltrans Contract Manager.

3) New humidifier: Reconnect to existing cold water supply, power connection and drain line.

Connect humidifier to existing DDC control panel.

4) New dehumidifier: Reconnect existing power and duct connections to existing intake, warm air exhaust, and dehumidified air ducts. Connect dehumidifier to existing DDC control panel.

5) Existing DDC control panel to remain.

6) New condensing unit on existing concrete pad: Run new refrigerant line set following routing of existing piping through building. Reconnect to existing wall-mounted disconnect switch.

7) Extend 16-inch spiral duct to connect to existing ducting.

8) Provide additional transition 16-inch spiral ducting to 12-inch spiral ductwork (field verify exact connection size prior to construction) and connect to existing ductwork.

9) Cap-off ductwork previously connected to FC-3.

10) Patch existing opening with new framing, drywall, and re-paint to match existing wall.

11) Replace existing return air grille and reconnect ductwork to original configuration.

12) Connect supply and return outlets to existing ductwork. All unit supply and return duct connections shall be made with new flexible duct connections.

Exhibit A

Public Works (State)

H. Installation of two (2) new protective cages for condensing units Contractor shall furnish, fabricate, weld, powder coat, and install two (2) protective cages for the new condensing units.

Cage Requirements

1) Material: Expanded metal steel

2) Finish: Powder-coated to match the building exterior

3) Design: Each cage shall include a lockable service access door

4) Anchoring: Securely fastened to the existing concrete pad using corrosion-resistant anchors

5) Clearances: Maintain manufacturer-recommended service and airflow clearances

6) Durability: Weather-resistant and tamper-resistant construction (Attachment 3-State Fire

Marshal Approved Plans) I. Installation Specifics

1) Contractor shall relabel all new units and power disconnects for identification purposes.

2) Contractor shall replace all PVC with copper pipes, to condensate piping.

3) Contractor shall replumb gas shutoffs and sediment traps for correct installation.

4) Contractor shall replace old power shutoffs and correct any deficiencies.

5) Contractor shall replace all failed conduit with weather tight flexible steel coated conduit.

6) Contractor shall perform any necessary roof repair and sealing around units to prevent leaks.

7) Contractor shall ensure roof top units are comparable in weight to existing unit; if a heavier unit is used, Contractor shall conduct a structural analysis to ensure proper support.

8) Contractor shall verify that the existing power service meets the needs and requirements of all the new units. Any power supply modifications (wire size, breaker sizing and conduit sizing) shall be included, as needed, to meet voltage, phase, and/or amperage differences between units.

9) Hood adaptors are allowed for the purpose of installing compatible units.

J. Miscellaneous Contractor Responsibilities Contractor shall perform the following tasks:

1) Provide materials, fasteners, and complete compatible HVAC units.

2) Mounting location; inspect the mounting locations of all units. Determine if locations meet the manufacturers recommendations for installation. Demolish and replace or retrofit the mounting locations to facilitate the correct installation of the new HVAC units. Ensuring surface is correct for proper operation of HVAC unit with a flat/level mounting surface, providing adequate drainage away from the pads to ensure the proper operation and expected service life of the equipment is achieved.

3) Inspect serviceability of existing copper lines and control wiring between inside and outside HVAC components. Replace or clean as needed to ensure years of maintenance free

Exhibit A

Public Works (State) service. Include in the purging and cleaning, or replacement of the existing cooper lines between the condensers and the air handlers, contractor needs to install insulation to assist in efficiency. Installation needs to be to industry standards.

4) Relocate/replumb piping, verify/upgrade wiring as needed for correct connection, and verify control wiring serviceability for all new units.

5) Relocate condensation drainpipes as needed to ensure correct drainage of water.

6) Warranty provided by Contractor is per manufacturer’s warranty, or one (1) year, whichever is longer. Workmanship is of one year except for the roof mounted unit will have a three (3) year leak free guarantee. That is three (3) years of no leaking caused by rain or snow. In the event of a leak in the roof caused by installation, Contactor is liable for all repairs at the Contractor’s sole expense.

7) Contractor shall perform system start-up and instruct site personnel on operation or maintenance of new systems or equipment, as necessary. Contractor shall also include a written-up manufacturing start up commission report to Caltrans Contract Manager at the completion of work.

8) Inspect serviceability of existing insulation and copper lines and control wiring between inside and outside HVAC components. Replace or clean as needed to ensure years of maintenance free of service.

9) Contractor is responsible for all permits needed. (This “like and kind” replacement will be exempt from State Fire Marshal (SFM) permit requirements).

10) Contractor shall provide all owner’s manuals and literature associated with each piece of new equipment and shall provide all necessary training to Caltrans Contract Manager.

9. Compliance All work performed under this Agreement shall be in accordance with the following:

A. California Code of Regulations (CCR) Titles 8, 17, 19, 24. California Code of Regulations B. International Building Code Chapter 15.

C. All State and Local regulations having jurisdiction over the California Department of

Transportation (Caltrans) facilities.

D. Applicable manufacturer’s operating and maintenance installation instructions.

E. Standards set forth by the California Occupational Safety & Health Administration (CAL-OSHA).

Cal/OSHA - Division of Occupational Safety and Health - Home Page.

10. Materials and Workmanship

A. The work throughout this Agreement shall be executed in the best and most thorough manner under the direction of, and to the satisfaction of Caltrans Contract Manager who will interpret the meaning of the drawings. Caltrans Contract Manager shall have the power to reject any work and materials.

B. Contractor shall use standard commercial grade products. All parts and materials shall, at a minimum, be in accordance with the requirements of this scope and shall be the manufacturer's standard commercial product. Additional or better features which are not specifically prohibited by this scope, but which are a part of the manufacturer's standard commercial product shall be https://www.dir.ca.gov/dlse/CCR.htm https://codes.iccsafe.org/content/IBC2021P1/chapter-15-roof-assemblies-and-rooftop-structures https://www.dir.ca.gov/dosh/

Exhibit A

Public Works (State) included in the equipment being furnished. A standard commercial product is a product which has been sold or is being currently offered for sale on the commercial market through advertisements or manufacturer's catalogs or brochures and represents the latest production model.

C. Contractor shall use materials free from defects which would adversely affect the performance or maintainability of individual components or of the overall assembly. Materials not specified shall be of the same quality used for the intended purpose in commercial practice. Unless otherwise specified, all equipment, material, and articles incorporated in the work covered by this Agreement are to be new.

D. All material shall be new and shall have the Underwriters Laboratories (UL) label attached. The label shall be of the type for the intended application. Any Safety Data Sheet(s) shall be provided to Caltrans Contract Manager.

E. If after installation, Caltrans Contract Manager determines the equipment to be operating at substandard levels due to defects, errors, or omissions, Caltrans reserves the right to discontinue operating the equipment until it can be corrected by Contractor at Contractor’s sole expense.

F. Where trade and manufacturers’ names are specified or indicated on the drawings, they are intended to indicate the standard of material or articles required. This shall not remove the responsibility of Contractor from verifying the equipment’s compliance with all rules and regulations governing the use of such equipment. No equipment shall be purchased without written authorization by Caltrans Contract Manager.

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

Refrigerant is not considered hazardous for the purposes of this Section 11.

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

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

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

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

Exhibit A

Public Works (State)

12. Damages to State Property In the event 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 of who shall be hired to complete the work.

13. Project Conditions and Monitoring A. Contractor shall adhere to all conditions summarized within the Environmental Commitment

Records (ECR).

1) General-If previously unidentified environmental resources are discovered, contact the

Caltrans Environmental Planner for further review.

2) Cultural- During the term of this Agreement, at least one (1) field visit shall be conducted by

Caltrans Contract Manager to document the progress of the work, as well as to ensure project conditions are being met.

3) Character defining features of the original Caltrans District 11 museum shall be preserved and protected as much as possible during the term of this Agreement.

4) After work is complete, a Caltrans Cultural Resource Specialist will conduct a post-agreement field visit to photo-document the results.

B. Contractor shall reference and adhere to all specifications, keynotes, and notes in the State Fire Marshall Approved Plans. Refer to Attachment 3 State Fire Marshal Approved Plans.

C. Caltrans Cultural Resource Specialist PQS will act as a construction monitor throughout the duration of this Agreement.

D. Contractor shall submit all final plans to Caltrans Contract Manager and Caltrans Cultural Resource Specialist PQS for review to ensure there are/remain no adverse effects on the building. Contractor shall not commence work before written notification of approval of final plans by both Caltrans Contract Manager and Caltrans Cultural Resource Specialist PQS has been received.

E. Contractor shall ensure the new HVAC units are aligned with State Fire Marshal approved plans.

F. Contractor shall avoid character-defining features of the Caltrans District 11 Transportation Museum to the maximum extent possible while performing work under this Agreement.

Character Defining Features

• One-story • Façade Door Surround

• Stucco • Shed Roof Side Portico

• Red Tile Gable Roof

• Squat Pilaster Framing Façade Corner Window

• Clipped • Porthole Vent in the Façade

Exhibit A

Public Works (State)

14.General Contractor Responsibilities A. Contractor shall ensure only qualified and competent employee(s) are permitted on the job site and the work is safely performed by the highest industry standards. No day labor shall be used.

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

C. Contractor shall conduct its operations as to avoid damage to the property of Caltrans or to adjacent property. If any property is damaged by reason of Contractor's operations, such property shall be replaced or restored at Contractor’s sole expense and to the satisfaction of Caltrans Contract Manager and/or property owner.

D. Contractor shall avoid causing unreasonable inconveniences 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 public, Contractor shall provide warning signs alerting to any dangerous conditions at Contractors own expense and without cost to Caltrans.

E. Contractor shall conduct its operations to offer the least possible obstruction and inconvenience to the public. Whenever Contractor’s operations create a condition hazardous to the public, Contractor shall provide, entirely at their own expense, adequate signage warning the public of any dangerous conditions to be encountered and shall furnish, erect, and maintain such fences, barricades, lights, signs, and other devices as necessary to prevent accidents and avoid property damage or injury to the public.

F. Contractor shall conduct its operations in such a manner to avoid persons or damage to the property of Caltrans, or to adjacent properties. If such personal injury or property damage occurs by reason of Contractor’s operations, Contractor shall be fully responsible for compensating those injured, or restoration or repair of the property.

G. Failure to use proper tools and equipment for the specified work will constitute non-conformance and may result in possible termination of Contractor from this Agreement. Caltrans’ inspection of Contractor’s trucks, tools, and equipment does not certify or warrant the condition of those trucks, tools, and/or equipment for future use.

H. All debris produced as a byproduct of surface preparation shall be disposed of by Contractor. All packaging and waste materials shall be disposed of by Contractor. Contractor shall assume all responsibility for all waste or trash materials produced during this work and properly dispose of them. No waste or trash will be deposited in Caltrans dumpsters without express written permission of Caltrans Contract Manager. Contractor shall be responsible for all costs associated with the clean-up and removal of the waste or trash.

I. 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. All permits and licenses, registrations, and certificated required by local ordinances must be obtained and paid for by Contractor.

Eaves Gable Peak

• Combination of Fixed-Casement Multi-Light Windows with Metal Frames and Mullions

Exhibit A

Public Works (State)

J. Caltrans or any employee of Caltrans, shall not be answerable or accountable in any manner for any loss or damage that may occur to Contractor’s operator, in truck equipment, tools, or materials.

K. Contractor hereby unconditionally guarantees that the work done will be done in accordance with the terms of the Agreement, and further guarantees that the work done in this Agreement will be and remain free of defects in workmanship and materials for a period of one (1) year from the date of acceptance of the work by Caltrans Contract Manager. Contractor hereby agrees to repair or replace any and all building work, together with any other adjacent work which may be displaced in so doing, that may prove to be not in accordance with the terms of the Agreement or that may be defective in its workmanship or material within the guarantee period specified, ordinary wear and tear and unusual abuse or neglect excepted, without any expense whatsoever to Caltrans.

L. Contractor further agrees that within ten (10) calendar days after being notified in writing by Caltrans of any building work not in accordance with the requirements of the Agreement or any defects in the building work, Contractor shall commence and prosecute with due diligence all work necessary to fulfill the terms of the guarantee and shall complete the work within a reasonable period of time. In the event Contractor fails to comply, Contractor does hereby authorize Caltrans to proceed to have such work done at Contractor's sole expense and shall honor and pay the cost and charges therefore upon demand. Caltrans shall be entitled to all costs and expenses, including reasonable attorney's fees, necessarily incurred upon Contractor's refusal to honor and pay the above costs and charges.

M. Any work or material found to be substandard or out of compliance with building codes will subject Contractor to a "call-back" to repair or redo the job and bring the job up to standard or up to code. Any call-back labor and material required will be at Contractor’s sole expense. If substandard work by Contractor necessitates a third call-back to complete or correct a job, it may constitute grounds for Agreement termination. Failure to begin work and to complete work as required by this Agreement shall be considered grounds for termination of this Agreement for default.

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

B. In addition to other responsibilities described in this Agreement, Contractor Project Manager shall be responsible for all matters related to Contractor’s personnel including, but not limited to, the following:

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

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

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

4) Assign qualified personnel to complete the required work, as specified, in coordination with

Caltrans Contract Manager.

5) Administer personnel actions for Contractor personnel.

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

Exhibit A

Public Works (State)

7) Ensure all applicable safety measures are in place.

8) Provide invoices in a timely manner.

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

10) Ensure the schedules, deliverables and the deliverables’ requirements set forth in the

Agreement are satisfied.

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

16. Unforeseen Labor A. Contractor must notify Caltrans Contract Manager in writing of any labor not reasonably anticipated in Exhibit A, Scope of Work but necessary for completion of the work. Contractor must receive written approval from Caltrans Contract Manager prior to performing unforeseen labor.

B. The cost of unforeseen labor shall be in accordance with bid rate in Price Quite Proposal, Attachment 1.

C. Contractor shall not be reimbursed for any unforeseen labor that was not pre-approved in writing by Caltrans Contract Manager.

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

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

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

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

C. Contractor’s bid shall include the cost to dispose of and/or recycle freon, to include any discarded materials resulted from installs, repairs. Contractor shall be responsible for such disposal, recycling costs and shall be included in Attachment 1.

19. Inspection and Acceptance for Payment A. It is the responsibility of Contractor to notify Caltrans Contract Manager that the work is complete and ready for inspection. Work will be accepted only after Contractor has adjusted equipment, demonstrated that it fulfills the requirements of any drawings, and has furnished all required certificates. Work is subject to inspection and acceptance by Caltrans Contract Manager.

Exhibit A

Public Works (State)

B. Caltrans Contract Manager will have the ultimate responsibility and authority to determine whether Contractor’s satisfied Contractor’s duties and obligations under the Agreement, including specifically whether Contractor delivered all work product and deliverables and whether Contractor’s work product and deliverables satisfied all of the applicable contract requirements.

C. Approval of work constitutes approval for payment and not transference or termination of Contractor’s responsibility to perform work in accordance with the terms of the Agreement, and any work that needs corrections shall be at Contractor's sole cost and expense in a timely manner.

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

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

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

Exhibit B

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. Invoice(s) shall be itemized in accordance with Attachment 1, Price Quote Proposal, and shall be signed and submitted in triplicate not more frequently than monthly in arrears of the service.

C. Each invoice shall include:

1) Agreement Number 11A4279

2) Dates of Service

3) Hourly Rates

4) Description of Work Performed

D. Each invoice shall be submitted in triplicate to:

California Department of Transportation (Caltrans) District 11 Administration Attention: Contract Manager’s Name TBD 4050 Taylor Street San Diego, CA 92110

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

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

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

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

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

Exhibit B

Public Works–State

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

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

Code, Chapter 4.5, commencing with Section 927 and all agreements must comply with Public Contract Code Sections 10262 and 10262.5.

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

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

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

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

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

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

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

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

Exhibit B

Public Works–State

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.

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.

Exhibit B

Public Works–State

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

Exhibit B

Public Works–State 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…