IFB_07A3678_Addendum_Two.pdf

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/

April 22, 2026

ADDENDUM TWO (2)

INVITATION FOR BID (IFB) #07A6378

HAZARDOUS WASTE DISPOSAL SERVICES IN LOS ANGELES AND VENTURA COUNTIES

NOTICE TO ALL PROSPECTIVE BIDDERS:

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.

The Final Date for Bid Submission has been extended to April 30, 2026.

Refer to the revised IFB Timeline below:

Event Date Time (Pacific Time)

IFB available to prospective bidders 04/07/2026

Written Question Submittal 04/14/2026 5:00 p.m.

Final Date and Time for Bid Submission 04/30/2026 2:00 p.m.

Bid Opening 04/30/2026 2:30 p.m.

Question and Answer Question 1:

What is the engineer’s estimate or budget for this contract?

Answer 1:

$2,000,000.00.

Question 2:

Has the 3% DVBE participation requirement been included in error, if not, will the District consider waiving the requirement?

Answer 2:

No, the DVBE participation requirement will not be waived.

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

Question 3:

Sample Agreement, Exhibit A (page 1, Section 6.B) - This section states “When waste operations impact public health, safety, or welfare, Contractor shall provide services within 4 hours upon notice by Caltrans Contract Manager, unless otherwise authorized in writing by Caltrans Contract Manager.” Is “4 hours” a typographical error?

Answer 3:

No.

Question 4:

Sample Agreement, Exhibit, Equipment Rates – This section states that equipment rates shall include the cost for “portable scales.” Was this “portables scales” requirement included in error?

Answer 4:

No.

Question 5:

How will the Contractor be compensated for the initial bin delivery if there are no corresponding personnel and equipment line items?

Answer 5:

Bin Compensation: An initial number of bins are provided from the contractor at the start of the contract and when ready, Contractor will be asked to come pick up the bin(s) or drop off a new bin and dispose of or recycle the TWW, tires or soil in the bin(s). They are paid a lump sum rate for the use of their bin(s), Labor (all Personal Protective Equipment (PPE) (levels C and D), equipment (includes Hourly Costs cover Non-Operated Equipment as noted and includes all incidental hazmat equipment to remove, transport, and legally dispose of waste substances and other materials generated at Caltrans maintenance facilities), the initial drop off, all exchanges, regardless of how many are done, and the final pick up. This also includes travel and maintenance of the bins. Be sure to factor in your bin rental costs, drop-off costs, and final pick-up costs for each facility.

Question 6:

The District has been without service on this contract for an extensive period with a corresponding backlog of waste shipments wherein some sites would require up to as many as (6) trips just to remove waste backlog. Will the backlog condition be resolved prior to this new contract going into place? If not, how many backlog loads per site will the Contractor need to transport for disposal at the start of the Agreement?

Answer 6:

This contract is to handle the regulated waste that we have been accumulating as required by regulating authorities for our maintenance workstations. To address the backlogged facilities, they will be loading both bins with the same waste to use a dual bin hauler for their swaps until they get caught up. We will issue a task order for each facility to issue their bin deliveries and a subsequent task orders for each swap for quickest invoicing.

Question 7:

Due to excessive backlog that exists, would the District please allow the Contractor to invoice for Driver and equipment on an hourly basis for addressing the initial waste backlog, and the monthly flat rate thereafter?

Answer 7:

No.

Question 8:

This is a 36-month contract term. For line items having an estimated bin rental quantity greater than 36 months (e.g. quantity 40 and 50). Will the Contractor be providing extra bins for certain locations at contract start up for some reason?

Answer 8:

Several locations have large accumulations of waste that will need several extra trips to get caught up.

Each location will have the described bins on site for the full length of the contract.

Question 9:

For line items having an estimated bin rental quantity less than 36 months (e.g. quantity 12, 18, 24, 30), will the bins be onsite for these estimated monthly quantities with no interruptions in service in between?

Answer 9:

Yes, they will be remaining on site until they get full. At which point a task order will be created for a bin swap.

Question 10:

Will the Contractor be invoicing for bin rental each and every month that each bin is onsite even if bin exchanges are not required?

Answer 10:

The bin costs will need to be figured into the total costs for each line item. We will not be paying any bin rental costs directly as a line item or monthly fee cost.

Question 11:

Will the Contractor be picking up bins that have already been loaded by others using their own personnel and loading equipment, or will the Contractor be responsible for loading the bins themselves?

Answer 11:

The contractor will not be required to load up the bins. The bins will be loaded by Caltrans staff.

Question 12:

Who is the current contractor?

Answer 12:

United Pumping Service, Inc.

Question 13:

What is total dollar spent to date on the expiring contract, and can you provide the last three invoices?

Answer 13:

No invoices were issued as the contract was terminated directly after execution.

Question 14:

Is this a prevailing wage contract?

Answer 14:

No.

Question 15:

What are the contents of the bins?

Answer 15:

Waste, including, but not limited to, hazardous or regulated non-hazardous, and environmentally regulated, universal, and biological.

Question 16:

Could you please provide a copy of the current contract?

Answer 16:

Please refer to the attached previous contract 07A6203.

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

REMAIN IN FULL FORCE AND EFFECT.

Sincerely, Matthew Stephens Contract Analyst

United Pumping Service, Inc.

Agreement Number 07A6203

Exhibit A

Hazardous Waste Agreement

Scope of Work

1. Contractor shall provide on-call pick-up, removal, clean up, packaging, bin rental, transport and hazardous waste disposal or recycling services 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 provide all labor, personnel, travel, bin rentals, equipment, supplies, materials, guidance, recommendations and preparations required to test, identify, assess, and reduce contamination; neutralize waste, clean up collect, remove, transport, and legally dispose of waste substances and other waste materials generated at the District 07 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, environmentally regulated, universal, and biological, which may be containerized lab packed 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 deliver samples to lab, test, identify, characterize, profile, package, seal, label, mark, and manifest stored materials and/or waste in advance of subsequent pick-up and recycling/disposal as required on Service Request.

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 Los Angeles and Ventura Counties. Refer to District 07 Maintenance Facilities, Attachment 2 for a list of locations.

5. This Agreement will commence on January 15, 2026, 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 January 14, 2029. Contractor shall provide said services during normal work hours between the hours of 7:00 a.m. and 3:00 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.

Exhibit A

Hazardous Waste Agreement

California Department of Transportation (Caltrans) United Pumping Service, Inc.

Section/Unit: District 07/Maintenance

Contract Manager: Antonio Garcia Project Manager: Eduardo C. Perry Jr.

Address: 100 South Main Street, MS 3 Los Angeles, CA 90012

Address: 14000 East Valley Boulevard Industry, CA 91746

Business Phone: (213) 266-6616 Business Phone: (626) 961-9326

Email Address: Antonio.Garcia@dot.ca.gov Email Address: lydia@unitedpumping.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. Refer to Service Request Attachment 3. All provisions in this Agreement apply to all Service Requests. In the event a request for services is made by telephone or email, 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 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 Rates/Compensation Provisions, 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. Multiple Service Request(s) shall not be combined.

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. Multiple Service Request(s) shall not be combined.

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.

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.

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

8. Detailed description of work to be performed and duties of all parties

A. Contractor shall legally dispose of all waste substances and other waste materials generated at the District 07 Caltrans Maintenance Facilities, Attachment 2, or other sites designated by Caltrans Contract Manager within the District’s right of way in accordance and compliance with all applicable Federal, State, and local laws and regulations.

B. Contractor shall transport waste to appropriate facilities within the State of California, if available. Only waste that cannot be treated or disposed in California’s Treatment, Storage, and Disposal Facility (TSDF) shall be transported out of state. Treatment, storage, and disposal of hazardous waste shall be at a Department of Toxic Substances Control (DTSC) permitted facility. Non-hazardous material recycling/disposal shall be in accordance and compliance with all State and local regulations and meet landfill acceptance criteria.

C. Contractor shall provide a list of all disposal and recycling facilities within the District and of closest out of District locations for Caltrans Contract Manager approval. Contractor shall use sites and recycling/disposal methods that are most cost-effective and in the best interest of the State.

D. Contractor shall assure Caltrans that the recycling/disposal sites used are approved by Federal, State, and local governments and are operated with integrity; and that there are no known pending administrative or judicial actions to restrict their use. Caltrans may conduct inspections of recycling/disposal facilities used by Contractor to ensure proper compliance with Federal, State and local law, regulations and permit requirements.

E. 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.

F. Contractor shall provide bins, pick up and replace bin(s) and drive bins to the disposal facility per Service Request. Contractor shall provide materials as requested upon issuance of Service Request, shall pick up and legally dispose of materials.

G. 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.

H. 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.

I. Contractor shall follow the schedule listed in the Service Request. No compensation will be made if the schedule in the Service Request is not followed.

Exhibit A

Hazardous Waste Agreement

9. 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 1910.120 (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. 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.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.

10. Haz waste Assessment, Identification, Profiling, and Characterization

A. 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.

B. Contractor sampling and sample management including but not limited to, providing decontaminated/new sample containers, labels, appropriate preservation, transport, and chain of custody records for the sampling from the work site to the laboratory 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).

C. 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).

Exhibit A

Hazardous Waste Agreement

D. 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. Laboratory methods not certified by SWRCB may be performed by laboratories only if recognized by SWRCB for comparable test methods or if the laboratory is certified as a US EPA Contract laboratory. Standard turnaround time for laboratory analysis shall be 48 hours but may be longer at the discretion of Caltrans Contract Manager.

E. 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.

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.

11. 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.

12. Bins

A. At the start of this Agreement, 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. Contractor will 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.

B. Contractor will be compensated for the monthly rental of bins provided by Contractor for use of collecting, disposing or recycling of TWW or tires, at bid rate in Section E, Bins on Bid Proposal, Attachment 1. Unit Cost per line item shall be a flat rate and shall include all

Exhibit A

Hazardous Waste Agreement related costs for the required bin(s) to be onsite each calendar month, bin maintenance, decal maintenance, bin debris reflective type identification sign marked Treated Wood Waste or Tire Waste as appropriate, and for replacement of non-compliant bin for a bin in good operable condition, including labor, personnel, documents, travel, and transport for the replacement of non-compliant bin. Compensation begins from the time Contractor first delivers bin(s) at the Caltrans facility(s) or location(s) and will end with Contractor’s final removal of bin(s) from the Caltrans facility(s) or location(s). The rate is a flat rate per month. regardless of how many bins are exchanged during the month.

C. Contractor shall provide 20-yard and/or 40-yard bins to be placed at designated Caltrans facilities for collection of such materials at the request of Caltrans Contract Manager. When Contractor picks up a bin for disposal, it shall be replaced in kind with another empty bin at that time. Contractor will be paid for on site time for labor and equipment for the exchange of bins. No additional compensation will be paid for travel or for a new bin rental.

D. 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.

E. Bins equipped with hydraulic hinge lids require safety chains.

F. Contractor must provide a receipt from licensed disposal facility.

G. A Service Request will be issued at the end of the Agreement term to identify the final pick up schedule. No Compensation will be made for final pickup and rates shall be included in the monthly flat rate on Bid Proposal Attachment 1.

13. Materials

Contractor shall provide new or reconditioned, dual rated, packaging materials for liquids and solids when applicable, and shall be of the greatest ratings available and compliant for packing and disposing of RCRA listed or characterized waste for transport in accordance with all applicable Federal, State and local laws and regulations. Steel drums shall include but are not limited to having a ring bolt with tamper proof hole and shall include a jam nut. All other packing materials shall have a dual rating of (Y), (X) or combination thereof for packaging meeting Packing Group I, II and III tests for liquids and solids, when applicable; (CFR Title 49/Subtitle B/Chapter I/Subchapter C/Part 178), as requested by Contract Manager.

Reconditioned drums must be identified by “R” and pass the leak proofness test with an “L” marking (R or RL) placed at the end of the specifications. Refer to Bid Proposal, Attachment 1 for list of packaging materials required.

14. Rates/Compensation Provisions

A. Personnel/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). Lab analysis shall be included in the labor rates on the Bid Proposal, Attachment 1.

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

Exhibit A

Hazardous Waste Agreement necessary to provide the services required by this Agreement at the bid rate listed on Bid Proposal, Attachment 1, under Section B (Equipment).

C. Disposal rates for waste shall include all costs related to the legal collection, removal, disposal costs and transportation of waste materials, to the disposal facility at the bid rate listed on Bid Proposal, Attachment 1, under Section C (Disposal).

D. Materials rates shall include all materials, 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).

E. Bin rates will be paid based on the type of work requested on the Service Request, as shown in Section 12, above, in this Scope of Work and at the bid rate listed on Bid Proposal, Attachment 1, under Section E (Bins).

F. No compensation will be made for incidentals (such as travel (unless between facilities or for initial bin drop off), labels, manifests, packing absorbents, tools, PPE, bags, small testing equipment, hand truck, sprayer, disposal costs, lab, analysis, or any item used by Contractor required to complete the approved Service Request. All incidental costs shall be included in the Personnel/labor rates on Bid Proposal, Attachment 1.

G. Bid Proposal, Attachment 1, lists all compensable items required for this Agreement including Personnel, Equipment, Disposal Costs, Materials, Bins and Per Diem. Descriptions, sizes, and other specifications and requirements for Personnel, Equipment, Materials, Bins, and Per Diem are listed throughout this Agreement and cannot be substituted during the term of this Agreement. Quantities listed on Bid Proposal, Attachment 1, are estimates only and are given as a basis for comparison of bids, no guarantee is made or implied as to the exact quantity that will be needed. Items listed on Bid Proposal, Attachment 1 may be needed at any time during this Agreement and are required to be available when requested on Service Requests. Failure to provide items listed on the Service Request shall be cause for termination per Exhibit D, Termination. Caltrans Contract Manager has the sole discretion and responsibility to select items needed for each Service Request based on, but not limited to disposal needs, safety, available room at the site, terrain, weather, costs, clearances, and proximity to traffic. Any items used by Contractor not listed on Bid Proposal, Attachment 1, shall be considered incidentals. All incidental costs shall be included in the labor rates on Bid Proposal, Attachment 1. No additional compensation will be made for the incidentals required to complete the approved Service Request.

H. Travel:

1) Contractor will be compensated for work when Contractor’s personnel and equipment arrive at the initial Caltrans work site (except for initial bin drop off) 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).

2) Contractor’s costs for travel of its staff and equipment to the first facility (except for initial bin drop off) and travel from the last facility shall be considered part of the Personnel rates listed on Bid Proposal, Attachment 1. No additional compensation will be made for travel time, overtime, holiday pay, per diem, or any other related charges for staff, and equipment.

Exhibit A

Hazardous Waste Agreement

3) When work is assigned for multiple facilities for waste disposal (no bins) in one (1) day, the travel time between the facilities within the same day, except for travel to the first and travel from the last facility for the day, will be compensated at the hourly rates listed on Bid Proposal, Attachment 1. No compensation for personnel or equipment will be paid for disposal services made before shift begin or after shift ends.

4) No compensation will be made if the schedule in the Service Request is not followed.

Combining Service Requests is not allowed.

15. 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, 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 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.

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.

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

G. Contractor shall include a signed copy of the Hazardous Waste Spill Diary for each location with invoice.

H. 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.

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

J. 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

Exhibit A

Hazardous Waste Agreement

Contract Manager’s discretion. Caltrans Contract Manager will provide written notice of any changes to recycle or disposal locations to Contractor within 48 hours.

K. 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.

L. 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.

M. Contractor 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.

N. 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.

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

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

Q. 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.

R. 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.

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

16. No Waiver

No failure or delay by Caltrans Contract Manager to enforce any provisions of this Agreement shall be deemed a waiver of Caltrans’ rights, nor shall partial enforcement preclude further enforcement. No action or inaction by Caltrans Contract Manager shall create an estoppel against strict enforcement of this Agreement.

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. 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.

C. Each invoice shall also include:

1) Agreement Number 07A6203

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.

D. 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.

E. 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 07/Maintenance Attention: Antonio Garcia 100 South Main Street, MS 3 Los Angeles, CA 90012

F. 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.

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

Exhibit B Hazardous Waste Agreement 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.

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 $4,237,048.00.

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 4A, above.

5. Rates

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 as specified on Service Request.

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.

Exhibit B Hazardous Waste Agreement

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

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.

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.

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

2. Termination

A. If, after award and execution of the Agreement, contractor’s performance is unsatisfactory, the Agreement may be terminated 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. Caltrans 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. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement. The State, the State Auditor, Federal Highway Administration (FHWA), or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of Contractor that are pertinent to the Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

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

Exhibit D Hazardous Waste Agreement

4. Subcontractors

Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted.

5. Non-Solicitation

Contractor warrants, by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained or contracted by Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

6. Reporting Disabled Veteran Business Enterprise (DVBE) Utilization

If this Agreement requires DVBE participation, it is the responsibility of Contractor to track DVBE participation requirement progress and Contractor must report the actual amount paid to certified Subcontractors. Contractors must comply with Government Code Section 14841 and Military and Veterans Code Sections 999.5(d) and 999.7 by reporting the actual utilization of certified Subcontractor(s) during the performance of this Agreement. Contractor shall prepare and submit the Report of Utilization of Small/Micro Business and Disabled Veteran Business Enterprise State Funded Contracts Only (ADM-3059) (https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM3059) to Caltrans Contract Manager with each invoice.

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

Caltrans Contract Manager shall notify Contractor by email that Contractor must submit a complete and satisfactory ADM-3059 within 30 days from the date of the notice. If Contractor fails to fully complete and submit the ADM-3059 within this 30-day period, Caltrans shall permanently withhold payment of the final invoice.

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

7. Reporting Small Business/Micro Business (SB/MB) Utilization

If SB/MB Subcontractor participation is a requirement of this Agreement, Contractor must report the actual amount paid to certified Subcontractors. Contractor must comply with Government Code Section 14841 by reporting the actual utilization of certified Subcontractor(s) during the performance of this Agreement. Contractor shall prepare and submit the Report of Utilization of Small/Micro Business and Disabled Veteran Business Enterprise State Funded Contracts Only (ADM-3059) (https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM3059) to Caltrans Contract Manager with each invoice.

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

Exhibit D Hazardous Waste Agreement

8. DVBE Participation (Not Required)

Caltrans has not established a DVBE participation requirement for this Agreement. However, Contractor shall be fully informed respecting the California Public Contract Code Section 10115 et seq., which is incorporated by reference. Contractor is urged to obtain DVBE Subcontractor participation should clearly defined portions of the work become available.

9. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards

In addition to, and not a limitation of, contractor’s indemnification obligations contained elsewhere in this Agreement, contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless Caltrans, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure.