CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR

California Department of Transportation

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th STREET, MS 65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

TTY 711

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

October 26, 2026

ADDENDUM ONE (1)

INVITATION FOR BID (IFB) #01A6690

HAZARDOUS WASTE DISPOSAL SERVICES IN MENDOCINO, LAKE, HUMBOLDT, AND

DEL NORTE COUNTIES

A Bid Proposal for this work shall be submitted with the full understanding of this Addendum.

The revisions declared in this addendum, are an essential part of the Invitation for Bid (IFB) package.

Questions and Answers:

Question 1:

Does prevailing wage apply?

Answer 1:

Yes.

Question 2:

Who is the current incumbent?

Answer 2:

Dillard Trucking, Inc. dba Dillard Environmental Services

Question 3:

May we have the current contract documents?

Answer 3:

Please refer to the attached executed Agreement 01A6464.

NOTE: ALL OTHER TERMS AND CONDITIONS SET FORTH IN THE INVITATION FOR BID,

SHALL REMAIN IN FULL FORCE AND EFFECT.

If you should have questions regarding this addendum, please contact Matthew Stephens at

(279) 234-2331 or Matthew.Stephens@dot.ca.gov.

Matthew Stephens Contract Analyst http://www.dot.ca.gov/dpac/ mailto:Matthew.Stephens@dot.ca.gov

JAN 31 2025

LAG:skb

Dillard Trucking Inc., dba Dillard Environmental Services

Agreement Number 01A6464

Exhibit A Hazardous Waste Agreement

Scope of Work

1. Contractor shall provide on-call hazardous waste disposal services of waste, including but not limited to hazardous waste, environmentally regulated waste, and lab packed waste, to the California Department of Transportation (Caltrans) as described herein:

A. Contractor shall furnish all labor, equipment, supplies and materials required to test, identify, and reduce contamination; neutralize waste; and remove, transport, and legally dispose of waste substances and other waste materials generated at the District 01 Caltrans Maintenance Facilities, Attachment 2, or other sites designated by Caltrans Contract Manager within the District.

B. Waste to be removed under the terms of this Agreement include, but is not limited to, hazardous, non-hazardous, environmentally regulated, universal, and biological, which may be containerized or stockpiled. Waste may also include petroleum-based asphalt; soil/absorbent contaminated with oil, diesel or gasoline; waste from asphalt tanks, wash rack clarifiers, hydraulic hoist pits, kettles, used motor oil; paints; mercury vapor lighting tubes; waste tires/rubber; polychlorinated biphenyls, treated wood waste (TWW), fuses/flares, and used batteries. Caltrans Contract Manager may identify other hazardous waste or environmentally regulated waste subject to the terms of this Agreement.

C. Contractor shall provide hazardous waste assessment, identification and characterization of stored waste in advance of subsequent pick-up and disposal.

D. Contractor shall maintain all applicable California and Federal licenses, endorsements, registrations, identification numbers, and permits for the removal, transport, and/or storage of hazardous and regulated materials as described herein throughout the duration of this Agreement.

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

3. Any reference to Caltrans Contact Manager will also include designee.

4. The services shall be performed in the Counties of Mendocino, Lake, Humboldt, and Del Norte as listed on District 01 Caltrans Maintenance Facilities, Attachment 2.

5. This Agreement will commence on April 4, 2025, or upon approval by Department of General

Services (DGS), whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by DGS. 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 April 3, 2028. Contractor shall provide said services during normal work hours between the hours of 7:30 a.m. and 4:00 p.m., Monday through Friday.

The parties may amend this Agreement as permitted by law.

6. All inquiries during the term of this Agreement will be directed to the project representatives identified below. Contractor shall provide advance written notice and receive advance written approval by Caltrans Contract Manager, without the necessity of an amendment, before changing the Project Manager noted below.

Agreement Number 01A6464

Exhibit A Hazardous Waste Agreement

California Department of Transportation (Caltrans)

Dillard Trucking Inc., dba Dillard Environmental Services

Section/Unit: District 01/Maintenance Project Manager: Melissa Roach

Contract Manager: Danny Figueiredo Address: 1200 North Main Street Fort Bragg, CA 95437

Address: PO Box 579 Byron, CA 94514

Business Phone: (707) 498-0577 Business Phone: (925) 634-6850 Email Address: danny.figueiredo@dot.ca.gov Email Address: melissar@dillardenv.com

7. Service Requests:

A. On an on-call basis, Caltrans Contract Manager shall assign specific services, as described herein, to contractor through the issuance of Service Requests. A Service Request is shown in Attachment 3. All provisions in this Agreement apply to all Service Requests. In the event a request for services is made by telephone, the request will be confirmed in writing via Service Request by Caltrans Contract Manager within five (5) working days. Contractor shall provide the requested services within five (5) working days of the notification.

B. When waste or sump operations impact public health, safety, or welfare, Contractor shall provide services within 24 hours upon notice by Caltrans Contract Manager, unless otherwise authorized in writing by Caltrans Contract Manager.

C. All Service Requests shall be limited to the type of work specified in this Exhibit A, Scope of Work. Payment for these services shall be in accordance with Exhibit B, Budget Detail and Payment Provisions and Bid Proposal, Attachment 1. If there is a discrepancy between the Service Request and this Agreement, this Agreement shall take precedence.

D. Each Service Request will identify the scope of services, including, but not limited to, service locations, deliverables, performance period, schedule, pickup and disposal services, and costs pursuant to the rates in Bid Proposal, Attachment 1. Service Requests shall be the complete instruction and authorization for the proposed work and contractor shall comply fully with all particulars thereof.

E. Service Requests cannot extend beyond the expiration date of this Agreement. Service Requests cannot be used to amend this Agreement.

F. Contractor shall sign and return Service Requests and include an appointment time for bin drop-off and exchange with a two (2) hour window for arrival.

G. Contractor shall only perform the work authorized. If non-contemplated work is required to accomplish the intent of the Service Request, or if any work not on the original Service Request is needed, additional written authorization shall be obtained from Caltrans Contract Manager. Caltrans will pay only for work requested and authorized in writing by Caltrans Contract Manager in a Service Request.

H. Contractor’s failure to begin work or to complete work in the time required shall be considered non-conformance with contract requirements and subject to termination of this Agreement for default pursuant to Exhibit D, Termination.

Agreement Number 01A6464

Exhibit A Hazardous Waste Agreement

I. Should Caltrans Contract Manager determine that the work has not been completed to their satisfaction, Contractor shall correct the work at Contractor’s sole expense.

8. Definitions as used in this Agreement A. Contractor’s employees shall comply with California Occupational Safety and Health

Administration (Cal/OSHA) training requirements per California Code of Regulations (CCR), Title 8, Section 5192 (8 CCR 5192), Hazardous Waste Operations and Emergency Response.

B. Job Classifications, as listed below, are used in this Agreement to describe a specific service or function performed by Contractor’s personnel. These classifications are not reflective of Prevailing Wage Classifications and shall not be used for determining prevailing wage hourly rates. Contractor shall ascertain the appropriate Department of Industrial Relations (DIR) craft/classification prevailing wage rate in accordance with the work described herein. Contractor certifies submittal of its Bid Proposal, Attachment 1 satisfies the requirements set forth in this Agreement and prevailing wage requirements set forth by DIR and applicable, law, statute and regulations.

1) Lead Technician/Supervisor: Provides on-site supervision of Contractor’s employees engaged in hazardous waste operations. Must have knowledge of the employer’s safety and health program, Personal Protective Equipment (PPE), spill containment program, and health hazard monitoring procedures and techniques. Lead Technician/Supervisor shall comply with CCR, Title 8, Section 5192 (8 CCR 5192) and Code of Federal Regulations (CFR), Title 29, Section 1910.12(e)(4) (29 CFR 1910.12 (e)(4)).

2) Technician: Require skills and knowledge of proper use procedures for dealing with sample and testing instruments and equipment, specialized PPE, and techniques for advanced control, containment, and/or confinement operations.

3) Operator/Driver: Perform hazardous waste cleanup operations in industrial settings. Have skills and knowledge to safely and effectively contain, clean up, transport, and dispose of hazardous materials. Operators shall possess a valid commercial driver’s license of the appropriate class and comply with California Vehicle Code Sections 15250 and 31560.

4) Teamster/Driver: Perform sump hazardous waste cleanup operations in industrial settings. Have skills and knowledge to safely and effectively contain, clean up, transport, and dispose of hazardous materials. Teamster/Driver shall possess a valid commercial driver’s license of the appropriate class and comply with CVC, Sections 15250 and 31560. Contractor shall ascertain the appropriate DIR craft/classification prevailing wage rate listed on certified payroll based on the County in which the work is performed, and the specific duties performed.

5) Laborer: Under the direction of the Teamster/Driver, the Laborer shall assist the Teamster/Driver with performing hazardous waste cleanup operations in industrial settings. Contractor shall ascertain the appropriate prevailing wage rate listed on certified payroll based on the County in which the work is performed, and the specific duties performed.

9. Sump Cleaning A. Contractor shall supply a vacuum truck/tanker (110-130 barrel capacity) or a Positive

Displacement Unit (PDU) truck (i.e., vactor truck) as requested by Caltrans Contract Manager.

Agreement Number 01A6464

Exhibit A Hazardous Waste Agreement

The PDU or vacuum truck shall have the capability to clean the sumps of all materials, (water and sludge) and be transported in either the PDU or vacuum truck for disposal. Contractor shall provide all materials and tools sufficient to clean sumps at Caltrans facilities. This shall include regular floor sumps, sand traps, grease sumps, and lube rack sumps. Cleaning sumps shall consist of all on-site work. Contractor shall have the ability to provide smaller vacuum trucks (10 to 100-barrel capacity) if requested by Caltrans Contract Manager. Contractor shall also be responsible for the hauling and disposal of the contents to an appropriate disposal facility approved by Caltrans Contract Manager. Contractor shall provide services on an as-needed basis for the period of the Agreement.

B. Where sump-cleaning operations can be performed with a single person, Contractor shall provide a Teamster/Driver. When requested by Caltrans Contract Manager, Contractor shall provide a Laborer(s) to assist the Teamster/Driver in cleaning operations. Prevailing wage is required. Contractor will be paid per bid rate for Teamster/Driver and Laborer.

C. Contractor shall comply with all applicable State and Federal regulations for worker and public safety and will retain responsibility for compliance with guidelines and appropriate regulatory agencies.

D. Haz waste Assessment, Identification and Characterization Onsite testing may be required to determine the waste stream. Labor for these services shall be charged at the Personnel P02 Technician rate on Bid Proposal, Attachment 1.

E. Sampling and sample management shall comply with the sampling, planning, methodology, and equipment and the sample processing, documentation, and custody procedures specified in CCR, Title 22, Division 4.5, Chapter 11, Article 3: Characteristics of Hazardous Waste, Section 66261.20 (22 CCR 66261.20).

F. Laboratories performing chemical analyses shall be certified by the California State Water Resources Control Board Environmental Laboratory Accreditation Program (SWRCB-ELAP) for the specific laboratory test. For specific test methods not yet certified by SWRCB-ELAP, the laboratory may perform laboratory analysis only if presently certified by SWRCB-ELAP for comparable test methods, or if currently certified as a US EPA Contract laboratory. Caltrans Contract Manager will verify before the start of work. Contractor is responsible for transportation, preservation, appropriate containers, labels, and chain of custody.

G. In the event sampling and testing are required at an offsite laboratory to determine the appropriate handling and disposal methods, the following shall apply.

1) Any sampling and testing shall be approved and coordinated by Caltrans Contract

Manager.

2) Sampling and management of waste samples shall comply with local regulatory requirements, if any.

3) California Environmental Protection Agency (CalEPA), Department of Toxic Substances

Control (DTSC), shall certify each laboratory that performs hazardous waste analysis for the specific hazardous waste analysis performed. Laboratories not certified shall not perform hazardous waste testing.

4) For each sample taken, the laboratory test result shall list the test methods used and limits of detection.

Agreement Number 01A6464

Exhibit A Hazardous Waste Agreement

5) The laboratory that performs hazardous waste analysis shall store the samples for a minimum of 90 calendar days.

6) Caltrans shall receive a copy of final report of lab reports with the invoice by Contractor.

10. 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.

11. Rates A. Labor rates shall include all Personal Protective Equipment (PPE) (levels C and D), completion of quarterly reports, chain of custody, sample and test, identify, reduce contamination, neutralize waste, and materials/supplies to collect the waste at the bid rate listed on Bid Proposal, Attachment 1, under Section A (Personnel).

B. Equipment rates shall include tools and small testing equipment, all hazmat equipment, hand tools, hand truck, “Hudson style” compression sprayer, forklift, and any other equipment necessary to provide the services required by this Agreement at the bid rate listed on Bid Proposal, Attachment 1, under Section B (Equipment).

C. Materials rates shall include all labels, manifests, creation of profiles for waste streams, packing absorbents, drum liners, testing materials, purchase and pickup, delivery and loading into truck at the bid rate listed on Bid Proposal, Attachment 1, under Section D (Materials).

12. Roadside Biohazard Waste Cleanup A. Contractor shall provide containment, removal, and sanitization operations at roadside facilities for biowaste cleanup.

B. Contractor shall provide all necessary equipment to remove small containers, transfer waste into bulk packaging, and dispose of waste in the most economical method. Once biowaste is removed, all contaminated surface areas shall be cleaned and sprayed with disinfectant as directed by Caltrans Contract Manager. Equipment required to perform biowaste cleanup operations may include transport truck, pressure washer, water truck, “Hudson-style” compression sprayer, waste containers, and hypochlorite solution.

13. Special Provisions A. Waste removal work involves identifying, pre-treating, and waste analysis through onsite or offsite lab testing and profiling waste container collections, lab packs, facility sump cleaning, transporting and disposing of containerized regulated and hazardous waste substances from pump stations, brake check areas, and maintenance facilities.

B. Contractor’s employees may, if authorized by Caltrans Contract Manager, work ahead of the waste container/sump-cleaning collectors to prepare the waste by taking samples and getting a waste removal plan developed through lab analysis. Waste collections are then scheduled with written approval of Caltrans Contract Manager.

C. Waste collections must be handled by a hazardous waste trained employee who has had proper training as defined in 8 CCR 5192. An Operator/Driver performs duties such as picking up containerized wastes in drums, bins, or by a vacuum truck operation.

Agreement Number 01A6464

Exhibit A Hazardous Waste Agreement

D. Where larger jobs are involved, personnel may be required to perform multiple job duties.

Contractor will be compensated for the actual duties performed by the employee. These combined operations, as well as all work, must be expressly pre-approved by Caltrans Contract Manager.

E. Contractor shall comply with all Federal, State, and local agency requirements for disposal of hazardous waste material, universal waste, recycled waste, biowaste, treated wood waste, and waste tires/rubber.

1) Contractor shall provide 20-yard to be placed at designated Caltrans facilities for collection of such materials at the request of Caltrans Contract Manager. When Contractor picks up a loaded bin for disposal, it shall be replaced in kind with another empty bin at that time.

2) Bins shall have hard retractable covers that operate smoothly and with ease to keep dumpsters covered in accordance with the national Pollutant Discharge Elimination System (NPDES) storm water requirements. Bins shall be in good operating condition with no holes and suitable for mechanical loading and unloading.

a) Bins equipped with hydraulic hinge lids require safety chains.

3) Contractor may be requested by Caltrans Contract Manager to provide appropriate biological waste mail-in containers (Sharps containers) suitable for storage, transport, and disposal.

4) Contractor must provide a receipt from licensed disposal facility.

F. Initial Bin Drop-off

Contractor will be compensated for the initial drop-off of bins at the bid rate listed on Bid Proposal, Attachment 1, under Section A (Personnel), Line P03 and the appropriate transport truck listed under Section B (Equipment), Line E05 or E06. At the start of this Agreement, Contractor shall be compensated for each initial trip made to deliver bin(s) to the Caltrans designated maintenance facilities or locations. Compensation begins from the time Contractor leaves its initial work site and will end when bin(s) are dropped-off at the Caltrans facility or location. Compensation will not be paid for return trip back to Contractor’s Facility.

G. Caltrans Contract Manager will provide to Contractor a list of Environmental Protection Agency (EPA) Waste Generator Identification Numbers as appropriate.

H. Contractor shall provide a Hazardous Waste Spill Diary for each location and include a copy signed by Contractor and Caltrans Contract Manager with invoice.

I. Contractor shall provide and review all information necessary for completing a Uniform Hazardous Waste Manifest and give copies to the Caltrans representative at the site. The onsite Caltrans representative shall sign all Uniform Hazardous Waste Manifests prior to transporting waste off Caltrans property. In addition, Contractor shall use the modified manifesting procedure, when appropriate, for other wastes, such as waste oil.

J. Travel Involving Transport of Waste

1) Overnight travel may be required under this Agreement. Caltrans Contract Manager must pre-approve travel in writing. Contractor will be reimbursed without markup for this and must provide justification. Refer to Exhibit B, Budget Detail and Payment Provisions.

Agreement Number 01A6464

Exhibit A Hazardous Waste Agreement

2) Contractor will be compensated for work when Contractor’s personnel and equipment arrive at the initial Caltrans work site and ends with departure of the final Caltrans work site. No additional compensation will be paid for travel from the last pick-up location to the disposal facility(ies).

3) Waste from non-Caltrans facilities shall not be commingled with Caltrans waste during pickup schedule. Contractor shall not stop at non-Caltrans facilities or locations to collect waste while traveling in between Caltrans locations.

4) Caltrans Contract Manager will establish a travel pickup schedule to be followed by Contractor and to assure access to the facility for waste removal operations.

K. Disposal Facilities: All non-recyclable waste shall be disposed of at a properly licensed disposal facility.

L. Recycle Facilities: Contractor shall provide a listing of recycle facilities approved by the California Waste Exchange and California Department of Resources Recycling and Recovery (CalRecycle) that will be proposed for use in the course of waste disposal within the contract area. Additional recycle facilities proposed by Contractor may be added or deleted at Caltrans Contract Manager’s discretion. Caltrans Contract Manager will provide written notice of any changes to recycle or disposal locations to Contractor within 48 hours.

M. Contractor shall provide requested equipment, materials, vehicles, and staff (properly equipped and trained), and must be capable of hauling/transporting as described herein (also refer to Bid Proposal, Attachment 1. All equipment shall be fully operational and maintained.

N. Contractor’s methods for pickup, removal, cleanup, and disposal services will be monitored on an on-going basis to ensure the most economical methods are being utilized. Contractor shall provide, when requested by Caltrans Contract Manager, a quarterly report of expenditures and quantities of removed waste categorized by CalEPA waste stream codes per site. Quarterly report format shall be subject to approval by Caltrans Contract Manager.

O. Contractor (including its Subcontractor(s)) is subject to announced and/or unannounced inspections of their operations, records, and facilities by the State to verify contract compliance. This does not relieve contractor of its responsibility to ensure proper contract compliance through its own inspections or other means. Contractor may be asked to provide, to Caltrans Contract Manager, copies of any documentation and/or reports of Federal, State, or local government inspections pertaining to contractor’s operations.

P. Personal Protective Equipment and Training Requirements

1) Contractor shall comply with 8 CCR 5192 and all Cal/OSHA regulations. Contractor will assure that their employees performing work under this Agreement shall comply with employee safety regulations for the class of chemicals involved at all times. Employees performing work under this Agreement shall, upon request by Caltrans Contract Manager, show proof of training documenting what work the employee is so trained to perform.

2) Contractor shall provide all necessary PPE to their employees.

Q. Contractor shall assume ownership of waste material immediately upon transfer from Caltrans facilities to Contractor’s waste transport vehicle.

R. Contractor shall recycle or dispose of waste materials in a lawful manner.

Agreement Number 01A6464

Exhibit A Hazardous Waste Agreement

S. Contractor shall conduct operations in a manner as to avoid damage to Caltrans property and the property of others. Any damage caused by contractor shall be repaired or replaced at contractor’s sole expense.

T. Contractor shall provide all labor, tools, vehicles, materials, equipment, required to perform the services and shall pay all costs, fees, expenses, and taxes related to or arising from the Agreement services.

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

Agreement Number 01A6464

Exhibit B Hazardous Waste Agreement

Budget Detail and Payment Provisions

1. Invoicing and Payment

A. For Service Requests satisfactorily rendered and approved by Caltrans Contract Manager, and upon receipt and approval of the invoice, Caltrans agrees to compensate contractor in accordance with the Bid Proposal, Attachment 1 and this Exhibit B. Incomplete or disputed invoices shall be returned to contractor, unpaid, for correction.

B. Sump Work: Contractor shall submit a certified copy of all payroll records for verification by Caltrans Contract Manager with each Service Request for sump work and invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by contractor.

C. Invoices shall be itemized per Bid Proposal, Attachment 1 and shall be signed and submitted in triplicate not more frequently than monthly in areas of the service.

D. Each invoice shall also include:

1) Agreement Number 01A6464

2) Dates of Service

3) Approved Service Requests

4) Hazardous Waste Manifest and Hazardous Spill Diary

5) Itemized description of all charges (includes item numbers as noted in Bid Proposal, Attachment 1.

6) All manifest numbers (if applicable) must be noted.

7) This also includes all costs for the assigned work, i.e., labor, equipment, supplies, and materials.

8) Supporting documents such as per diem receipts and other required documents must accompany Contractor’s invoice.

9) Lodging and Meal Receipts are required when Per Diem is claimed when approved for overnight travel by Caltrans Contract Manager.

10) All sump work orders shall be invoiced separately and shall also be submitted with the itemized requirements above. Labor costs shall include employee names and the DIR craft/classification and all other costs for the assigned work (i.e., labor, equipment, materials, and incidentals).

E. Caltrans will not be required to pay invoices that do not contain all the required information and documentation or for work that is not satisfactorily completed and approved by Caltrans Contract Manager. Such invoices shall be returned to contractor for correction, unapproved and unpaid.

Agreement Number 01A6464

Exhibit B Hazardous Waste Agreement

F. The itemized invoice shall be signed and submitted in triplicate not more frequently than monthly in arrears, of the on-call service, to:

California Department of Transportation (Caltrans) District 01/Maintenance Attention: Danny Figueiredo 1200 North Main Street Fort Bragg, CA 95437

G. Sampling and Testing: Contractor will not be paid for obtaining samples and delivering or shipping the samples to a lab in accordance with the assigned Service Request, Attachment

3. Lab analysis shall be included in the labor rates on the Bid Proposal, Attachment 1. No additional compensation will be paid for lab analysis.

H. Per Diem: Contractor shall submit written receipts supporting actual costs for lodging and meals when per diem is claimed. Charges for per diem (lodging and meals only) shall not exceed rates authorized to be paid to State employees under current California Department of Human Resources rules. Duplicate copies of itemized travel expense receipts shall be submitted for verification and reimbursement. No additional markup or surcharges will be allowed on travel costs (https://travelpocketguide.dot.ca.gov).

For sump work, where Prevailing Wages are required, Contractor’s employees may choose to be paid per Exhibit B, Budget Detail and Payment Provisions, Section 9, Costs Included in Bid Rates, Item C, instead of this rate. Contractor’s employee may not be paid both.

Contractor will be reimbursed based on the employee’s payment.

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

B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government or the California State Legislature for the purpose of this program.

In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms, or funding of this Agreement in any manner.

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

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

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

https://travelpocketguide.dot.ca.gov/

Agreement Number 01A6464

Exhibit B Hazardous Waste Agreement

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.

B. 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 $1,502,725.00.

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

5. Rates A. Rates for these services may be found on Bid Proposal, Attachment 1 of this Agreement.

B. Hourly rates for Contractor’s personnel and equipment will begin when they arrive at the initial

Caltrans work site and end when they leave the final Caltrans work site.

6. Excise Tax

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

7. Cost Principles A. Contractor agrees that the Cost Principles and Procedures in 48 Code of Federal Regulations

(CFR), Part 31, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR, Part 200, shall be used to determine the allowable individual items of cost.

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

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

8. Costs Included in Bid Rates A. The cost of employer payments to or on behalf of employees, 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. Where prevailing wage requirements apply, 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 Department of Industrial Relations website at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. If Contractor’s employee https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

Agreement Number 01A6464

Exhibit B Hazardous Waste Agreement chooses to be paid actual costs for lodging and meal compensation per State rates, the employee must comply with Exhibit B, Budget Detail and Payment Provisions, Section 1, Invoicing and Payment. Contractor’s employee may not be paid both.

9. Payroll Records A. Contractor and each Subcontractor shall comply with the following provisions. Contractor shall be responsible for compliance by his/her 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) The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by their 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 the Caltrans representative at all reasonable hours at the principal office of contractor. 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 the employee or the 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 and the DIR Division of Labor Standards Enforcement and Division of Apprenticeship Standards.

Certified payrolls submitted to Caltrans and the Department of Industrial Relations Division of Labor Standards Enforcement, and 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 electronic mail (email) or facsimile (fax) and a hard copy sent by regular mail on the business day following receipt of the request.

d) 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.

e) 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

Agreement Number 01A6464

Exhibit B Hazardous Waste Agreement number. The name and address of contractor awarded the Agreement or performing the Agreement shall not be marked or obliterated.

f) 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.

g) 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 g, above, for noncompliance with the provisions of said Labor Code 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. Contractor shall pay any employee actually engaged in the moving and handling of goods being relocated under this Agreement no less than the prevailing wage rate.

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

10. Penalty A. Contractor and any Subcontractor shall comply with Labor Code Sections 1774 and 1775. In accordance with said 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

Agreement Number 01A6464

Exhibit B Hazardous Waste Agreement 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, inclusively.

B. The amount of this forfeiture shall be determined by the 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 his or her 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 his or her 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 of the following requirements:

1) 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 Subcontractor to employees by periodic review of the certified payroll records of Subcontractor.

3) Upon becoming aware of the 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 by, including, but not limited to, retaining sufficient funds due Subcontractor for work performed on the public works project.

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

Agreement Number 01A6464

Exhibit B Hazardous Waste Agreement

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

11. 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 the general prevailing wage rate of per diem wages and the 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.

12. 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 contract 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 the 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 award of the Agreement, questions pertaining to predetermined wage rates should be directed to Caltrans Labor Compliance Office:

Caltrans Headquarters Labor Compliance Office 1120 N Street, MS-44 Sacramento, CA 95814 Email: labor.compliance@dot.ca.gov

13. 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 (1) calendar day and 40 hours in any one (1) 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 https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm mailto:labor.compliance@dot.ca.gov

Agreement Number 01A6464

Exhibit B Hazardous Waste Agreement employees in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and 40 hours in any week, at not less than one and one-half times the basic rate of pay, as provided in Labor Code Section 1815.

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

14. Employment of Apprentices A. When the prime Agreement is $30,000 or more, Contractor and any Subcontractors under it 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 of the provisions of this clause.

Agreement Number 01A6464

Exhibit D Hazardous Waste Agreement

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 the 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 the final decision of Caltrans regarding the dispute.

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

2. Termination A. If, after award and execution of the Agreement, contractor’s performance is unsatisfactory, the

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

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

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

D. In the event that the total Agreement amount is expended prior to the expiration date, Caltrans may, at its discretion, terminate this Agreement with 30-day 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.