If this Bid Package is downloaded via the Internet, you will need to submit your signed bid documents in a sealed envelope with the following information on the envelope as provided in the sample below:
YOUR RETURN ADDRESS Agreement No. 75A0500 Bid Due Date: 07/25/2019 Postage Bid Due Time: 2:15 P.M. Bid Opening: 3:00 P.M. Attention: Jean Mallare
Department of Transportation Division of Procurement and Contracts ATTN: Bid Unit 1727 30th Street, 4th Floor, MS-65 Sacramento, CA 95816-7006
BID SUBMITTAL DO NOT OPEN
STATE OF CALIFORNIA------CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF TRANSPORTATION ADMINISTRATION DIVISION OF PROCUREMENT AND CONTRACTS th 1727 30 STREET, MS-65 Making Conservation SACRAMENTO, CA 95816-7006 a California Way of Life. PHONE (916) 227-6000 FAX (916) 227-6155 TTY 711 http://www.dot.ca.gov/dpac/
July 8, 2019
INVITATION FOR BID (IFB) IFB # 75A0500 Notice to Prospective Contractors
You are invited to review and respond to this IFB 75A0500, entitled, Railcar Warm-Air Heating, Ventilation and Air Conditioning (HVAC) System Carside Modifications to 27 Railcars-Oakland. In submitting your bid, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences. As required by Executive Order S-02-06, Department of Transportation (Caltrans) is committed to meeting the State’s twenty-five percent (25%) Small Business (SB) participation goal. Certified SBs, Microbusinesses (MB), and contractors willing to commit to subcontracting a minimum of twenty-five (25%) of their net bid price to certified SBs, or MBs, if applicable, are encouraged to submit bids. See Section D, Special Programs, Item 1, in this IFB for requirements. The Disabled Veteran Business Enterprise (DVBE) Participation Program applies and a three percent (3%) goal is required for this IFB. The DVBE Incentive Program may also apply to this IFB. See Section D, Special Programs, Item 2, in this IFB for requirements. Note that all contracts entered into with Caltrans will include, by reference, General Terms and Conditions (GTC 04/2017) and Contractor Certification Clauses (CCC 04/2017) that may be viewed and downloaded at Internet site https://www.dgs.ca.gov/OLS. The designated contact person for this IFB is: Jean Mallare Department of Transportation [email protected] (916) 227-4583 Please note that no verbal information given will be binding upon Caltrans unless such information is issued in writing as an official addendum. * Technical questions regarding this solicitation will be addressed at an Optional site inspection to be held on July 17, 2019 at 11:00 AM at the Amtrak Oakland Maintenance Facility, 1303 3rd Street, Oakland, CA 94607-1803, by the Caltrans Trailer. See Section C, Item 1, Time Schedule for more details.
Sincerely, Jean Mallare JEAN MALLARE Contract Analyst
Invitation for Bid IFB Number 75A0500 Page 1 of 2 Table of Contents
SECTION PAGE
A) Purpose and Description of Service 1 B) Bidder Minimum Qualifications 1 C) Bid Requirements and Information 1 1. Time Schedule 1 2. Optional Site Inspection 1 3. Reasonable Accommodations 2 4. Questions and Answers 2 5. Costs Included in Bid Rates 2 6. Small Business Preference 2 7. Stare Prevailing Wages 2 8. Mandatory Organic Waste Recycling 3 9. Motor Carrier Permit 3 10. Subcontractors 3 11. Standard Title VI/Nondiscrimination Assurances (United State Department 3 of Transportation DOT Order No. 1050.2A) 12. Insurance 3 13. Satisfying A Self-Insured Retention 3 14. Available Coverages/Limits 3 15. California Civil Rights Laws 4 16. Darfur Contracting Act 4 17. Iran Contracting Act 4 18. Bid Submittal 5 19. Evaluation and Selection 7 20. Award and Protest 7 21. Standard Conditions of Service 8 D) Special Programs 9 1. Small Business Preference 9 2. Disabled Veteran Business Enterprise (DVBE) Programs 9 Attachments 1. Bid Proposal, ADM 1412 2. Bidder Declaration, GSPD 05-105 3. Contractor Certification Clauses, CCC 04/2017 4. Bid/Bidder Certification Sheet 5. California Civil Rights Laws Certification 6. Darfur Contracting Act Certification 7. Iran Contracting Act Certification 8. California Disabled Veteran Business Enterprise (DVBE) Program
Requirements – NOT for Goods and Information Technology 9. Veteran Business Enterprise Declarations, STD 843 For Use in State
Funded Contracts–If DVBE prime or DVBE Subcontractors in GSPD 05-105 10. Quotes from SB or DVBE Subcontractors listed in GSPD 05-105 11. Required Attachment Checklist
Invitation for Bid IFB Number 75A0500 Page 2 of 2 12. Experience Letter 13. Proposed Form of Agreement, STD 213: Exhibit A, Scope of Work Exhibit B, Budget Detail and Payment Provisions Exhibit C, General Terms and Conditions Exhibit D, Special Terms and Conditions Exhibit E, Additional Provisions
Invitation for Bid IFB Number 75A0500 Page 1 of 11 A) Purpose and Description of Services 1. Contractor shall furnish all labor, materials, parts, travel, equipment and any incidentals necessary to provide Warm-Air Heating, Ventilation and Air-Conditioning (HVAC) services to modify twenty-seven (27) rail cars based out in Amtrak Oakland Maintenance Facility, 1303 3rd Street, Oakland, CA 94607-1803. 2. Refer to the Proposed Form of Agreement, Exhibit A, which is attached to this IFB as Attachment 13 for a more complete description of services. B) Bidder’s Minimum Qualifications 1. Bidder must provide the following certificates for every employee who will be doing the work under this Agreement: 1) Certification as a Certified Welder with the American Welding Society (AWS). 2) Environmental Protection Agency (EPA)-approved test to earn Section 608 Technician Certifications. Test shall be administered by EPA-approved certifying organization. 2. Bidder’s Project Manager shall have five (5) years of experience working with commuter or rail equipment by submitting an Experience Letter (see Attachment 12). 3. Failure of Bidder to sufficiently provide any or all of the minimum qualifications, in the opinion of Caltrans, will result in the Bidder’s bid deemed non-responsive. C) Bid Requirements and Information 1. Time Schedule It is recognized that time is of the essence. All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times. TIME EVENT DATE (Pacific Time) IFB available to prospective bidders 7/08/2019 Optional Site Inspection 7/17/2019 11:00 AM Written Questions Submittal 7/19/2019 3:00 PM Final Date and Time for Bid Submission 7/25/2019 2:15 PM Bid Opening 7/25/2019 3:00 PM Proposed Award Date (estimate) 7/31/2019
2. Optional Site Inspection A. An Optional site inspection is scheduled at 11:00 AM on July 17, 2019, at the Amtrak Oakland Maintenance Facility, 1303 3rd Street, Oakland, CA 94607-1803, by the Caltrans Trailer, for the purpose of discussing concerns regarding this IFB. B. In the event a potential prime contractor is unable to attend the Optional site inspection, an authorized representative may attend on their behalf. The representative may only sign-in for one (1) company. Subcontractors may not represent a potential prime contractor at an Optional site inspection. C. All prospective contractors are to be assembled at the Caltrans Trailer - Amtrak Oakland Maintenance Facility, 1303 3rd Street, Oakland, CA 94607-1803 at 11:00 AM. Bidders must sign-in (on the sheet provided) upon arrival and sign-out upon completion of the walk-through activities. Failure to comply with these provisions may result in the rejection of your bid. Caltrans will conduct the Optional site inspection of the facilities and disseminate any additional information to participants, if necessary.
Invitation for Bid IFB Number 75A0500 Page 2 of 11 3. Reasonable Accommodations For bidders who have and need assistance due to a physical impairment a reasonable accommodation will be provided upon request for the Optional site inspection. The bidder must call the designated Contract Analyst contact no later than the fifth working day prior to the scheduled date and time of the Optional site inspection to arrange for a reasonable accommodation.
4. Questions and Answers A. Questions regarding this IFB must be submitted in writing by July 19, 2019. Bidders are encouraged to submit their written questions via e-mail to ([email protected]). B. Written questions must include: the individual's name, firm name, complete address and must reference IFB No. 75A0500. Questions must be sent to one of the following: EMAIL, OR MAIL TO: Email: ([email protected]) Department of Transportation Division of Procurement and Contracts Attention: Jean Mallare 1727 30th Street, MS-65 Sacramento, CA 95816 C. Written responses to all questions will be collectively compiled and posted, as an Addendum, to the Cal eProcure website (https://caleprocure.com/pages/index.aspx). It is the responsibility of the Bidder to access the website for any changes or addenda that may be posted. Refer to this IFB, Section C 1, Time Schedule, for the schedule of events and dates/times. It is the responsibility of the bidder to check Cal eProcure for all addenda. Bidder can contact the Contract Analyst named above. 5. Costs Included in Bid Rates Bid prices/rates shall include the cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments, including but not limited to, sales and use taxes required by law or otherwise and no additional allowance will be paid unless separate payment provisions in the Agreement should specifically provide otherwise.
6. Small Business Preference: https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro- Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification- Program SB Preference will be granted on this IFB. Only firms certified as a "Small Business” or “Microbusiness" with the Department of General Services (DGS), Office of Small Business and DVBE Service (OSDS) or contractors who commit to subcontracting a minimum of twenty-five (25%) of their net bid price to SB or MB, in the categories most appropriate to accomplish the prescribed services, will be granted this preference. 7. State General Prevailing Wage Rates Bidder shall treat the work covered in the Proposed Agreement (Attachment 13) as a public work if required by law, as described in Exhibit D, Public Works Provisions. State General Prevailing Wage Rates will apply for the County of Alameda as described in the attached Proposed Form of Agreement (Attachment 13). The predetermined general prevailing wage rates published by the Director of Industrial Relations may be obtained via the Internet: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm, or by contacting the Contract Analyst
Invitation for Bid IFB Number 75A0500 Page 3 of 11 listed on the first page of this solicitation. It is the bidder's responsibility to use the correct classification determination published by the Department of Industrial Relations. 8. Mandatory Organic Waste Recycling The Contractor generating organic waste or commercial solid waste shall arrange for the recycling services required by this section in a manner that is consistent with state and local laws and requirements, including a local ordinance or local jurisdiction's franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste. This requirement does not modify, limit or abrogate the Contractors right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code §42649.8 et. seq. 9. Motor Carrier Permit Requirements A. Contractor is responsible for determining whether California Vehicle Code (CVC) sections 34601 and 34620 require Contractor to have a valid Motor Carrier Permit (MCP) issued by the Department of Motor Vehicles (DMV) in order for Contractor to lawfully perform any part or aspect of the work described in Exhibit A, Scope of Work, and, if CVC sections 34601 and 34620 do require same for any part or aspect of such work, Contractor must have a valid MCP(s) issued from the DMV for its services as a Motor Carrier of Property under this Agreement. Contractor shall pay any required fees necessary to obtain and maintain in good standing during the entire term of this Agreement the any such required MCP(s). B. The MCP(s), if any, required for the Contractor's Motor Carriers of Property under CVC sections 34601 and 34620 shall be on file with the Contractor for the duration of this Agreement. Upon request of the Caltrans Contract Manager or his/her designee, the Contractor must immediately provide to Caltrans a copy of the required MCP(s), if any. 10. Subcontractors Bidder may subcontract portions of the work as defined in the attached Proposed Form of Agreement. If a subcontractor(s) is/are used, complete the Bidder Declaration form GSPD–05-105 (Attachment 2). Bidder must ensure that the subcontractor(s) will have all necessary licenses, permits, and/or certifications to accomplish its portion of the work. Failure of a subcontractor(s) to have the proper licenses, permits, and/or certifications, shall be cause for rejection of bid. 11. Standard Title VI/Nondiscrimination Assurances (Dot Order No. 1050.2A) The California Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 12. Insurance A. The bidder, who receives the Agreement award, must provide a Certificate of Insurance providing proof of insurance to the Division of Procurement and Contracts within ten (10) working days from the date of notification of award. The State’s Office of Risk and Insurance Management will review insurance certificates and/or proof of self-insurance documentation before execution of the Agreement. Refer to the Proposed Form of Agreement Exhibit E, (Attachment 13), for the applicable and specific Insurance requirements and coverage limits. B. The insurance carrier shall provide an endorsement for the additional insured statement as follows:
Invitation for Bid IFB Number 75A0500 Page 4 of 11 Caltrans, State of California, its officers, agents, and employees shall be included as additional insured, but only with respect to work performed for the State of California under this Agreement. C. The additional insured endorsement must accompany the certificate of insurance. D. Satisfying A Self-Insured Retention (SIR) All insurance required by this contract must allow, but not require, the State to pay any SIR and/or act as the Contractor’s agent in satisfying any SIR. The choice to pay any SIR and/or act as the Contractor’s agent in satisfying any SIR is at the State’s discretion. If the State chooses to pay any SIR and/or act as the Contractor’s agent in satisfying any SIR, the Contractor shall reimburse the state for the same. E. Available Coverages/Limits In the event the insurance coverages obtained by the Contractor is broader in scope than, and/or the limits are higher than, those required under the contract, all such broader coverage and/or higher limits available to the Contractor shall also be available and applicable to the State. 13. California Civil Rights Laws Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, that they satisfy all of the conditions set forth in California Public Contract Code section 2010 and they shall execute the Certification attached as Attachment 5. 14. Darfur Contracting Act A. The Darfur Contracting Act, PCC section 10475-10481, applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in PCC section, 10475. All bidders shall complete the Darfur Contracting Act Certification form, Attachment 6, and submit with bid. B. If your company has not, within the previous three years, had any business activities or other operations outside of the United States, complete Option 1 on the Darfur Contracting Act Certification form, Attachment 6. C. A scrutinized company is a company doing business in Sudan as defined in PCC section 10476. Scrutinized companies are ineligible to, and cannot bid on, or submit a proposal for an Agreement with a State agency for goods or services. (PCC section 10477(a)). D. Therefore, PCC section 10478 (a) requires a company that currently has (or within the previous three (3) years has had business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency. E. A scrutinized company may still; however, submit a bid or proposal for an Agreement with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in PCC section 10477(b). 15. Iran Contracting Act A. Pursuant to the Iran Contracting Act of 2010 (Public Contract Code Sections 2200 et seq., hereinafter “the Act”), persons identified on the list established under Public Contract Code Section 2202.5 (hereinafter, “List”) are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the State for goods or services of one million dollars or more.
Invitation for Bid IFB Number 75A0500 Page 5 of 11 B. Any person, who submits a bid or proposal, must complete and submit to Caltrans with its bid or proposal, the Iran Contracting Act Certification, Attachment 7 certifying that it is not on the most current List unless the person is exempted from the certification requirement by Public Contract Code Section 2203 (c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) with its bid or proposal. C. Any person, for a contract that is exempt from bidding or is renewed, or for whom a contract is otherwise awarded by the State, must complete and submit to Caltrans the Iran Contracting Act Certification, certifying that it is not on the most current List, before the contract has been executed by the parties, unless the person is exempted from the certification requirement by Public Contract Code Section 2205 (c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203 (c) or (d), before execution of the contract. 16. Bid Submittal A. All bids must be submitted and received by Caltrans Division of Procurement and Contracts, Bid Unit by dates and times shown in the IFB, Section C) Bid Requirements and Information, Item 1) Time Schedule. B. The mailing package/envelope should be labeled as follows: Note: All packages not clearly or properly labeled as indicated below, including overnight mail and hand delivered packages may be rejected.
YOUR RETURN ADDRESS Agreement No. 75A0500 postage Bid Due Date: 07/25/2019 Bid Due Time: 2:15 P.M. Bid Opening: 3:00 P.M. Attention: Jean Mallare
Department of Transportation Division of Procurement and Contracts ATTN: BID UNIT 1727 30th Street, 4TH Floor, MS-65 Sacramento, CA 95816-7006
BID SUBMITTAL DO NOT OPEN C. Late bids will not be considered. D. All bids shall include the documents identified on the IFB’s Required Attachment Checklist (Attachment 11). Bids not including the required attachment(s) shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements. E. Only an individual who is legally authorized to bind the proposing firm contractually shall sign all documents requiring a signature, and each document must bear an original ink signature. F. If your bid is hand delivered, you must date, and time stamp the sealed envelope/package immediately upon arrival. The date/time stamp machine is located in the lobby on the first floor to the right of the security guard station at the address noted above. After date/time stamping, the bid should be placed in the locked bid cabinet located below the time stamp. If the bid package is too large to be electronically stamped, date/time stamp one of the labels provided and attach it to the proposal package. When the bid package is too large for the locked bid cabinet, ask the
Invitation for Bid IFB Number 75A0500 Page 6 of 11 security guard to call the Division of Procurement and Contracts reception desk at 227-6000 to have your bid package picked up. G. Bid opening will be held at the above address at 3:00 PM on the date specified in Section C - Bid Requirements and Information, Item1 - Time Schedule. Bidders may participate in person or via teleconference by calling 1-866-700-7952 and entering the pass code 7089821#. Calls will be accepted beginning at 2:50 PM until the conclusion of the bid opening. Bids will be read in Agreement numeric order; questions will not be allowed; and information will not be repeated. Bid opening results will be posted online on the Division of Procurement and Contracts web site at http://www.dot.ca.gov/dpac/bid-results/viewbidresults.html by 12:00 P.M. on the day following the bid opening. The Agreement will be awarded to the lowest responsible bidder meeting the requirements outlined in the IFB. H. Bids must include the performance of all the services described herein. Any attempt to modify the bid document to deviate from the work specifications will not be considered and will cause a bid to be rejected. I. A bid may be rejected if it is conditional, incomplete, or if it contains any alterations of form or other irregularities of any kind. Caltrans may reject any bid on the basis that it is not responsive or from a non-responsible bidder and may waive any immaterial deviation in a bid. Caltrans waiver of an immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement. J. Costs for developing bids and in anticipation of award of an Agreement is entirely the responsibility of the bidder and shall not be charged to the State. K. Only an individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet (Attachment 4). The signature must also indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected. L. A bidder may modify a bid after its submission by first withdrawing the original bid and then by resubmitting a new bid prior to the bid submittal deadline. Bidder modifications offered in any other manner, oral or written, will not be considered. M. A bidder may withdraw a bid by, prior to bid opening, submitting a written withdrawal request to Caltrans, signed by the bidder or an agent authorized in accordance with Section K, above. A bidder may thereafter submit a new bid prior to the bid submittal deadline. Bids may not be withdrawn without cause subsequent to bid submittal deadline. N. Caltrans may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum sent to all parties who received a bid package. O. Caltrans reserves the right to reject all bids for reasonable cause. P. Bidders are cautioned not to rely on Caltrans during its evaluation process to discover and report to the bidder any defects and/or errors in the submitted documents. Before submitting their documents, bidders should carefully proof them for errors and full adherence to the IFB requirements. Q. Where applicable, the bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the Agreement amount will be made due to a lack of careful examination of work sites and specifications. R. Caltrans does not accept alternate Agreement language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The State’s GTCs are not negotiable. The GTC 04/2017 may be viewed at https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language.
Invitation for Bid IFB Number 75A0500 Page 7 of 11 17. Evaluation and Selection A. At the time of bid opening, each bid proposal’s total and any small business and/or micro business information (if applicable) will be read aloud. Bids are considered preliminary pending review and verification of applicable bid requirements such as: small business preference, DVBE, DBE, licensing, bonding, qualifications, or other requirements as stated in the IFB. Agreements will be awarded to the lowest responsive responsible bidder. B. Each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB. Caltrans will check the bid submittal package to verify it received all required documents. Positive verification of required documents will be performed to determine its responsiveness to the State's needs. C. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, shall be rejected. D. The Agreement, if awarded, shall be awarded to the lowest responsible bidder meeting the specifications. A bid meets the specifications if it complies with all of the requirements in this solicitation. In the event of a tie bid, Caltrans will draw lots to determine the successful bidder. Only one proposal or bid may be submitted by an entity: individual, firm, partnership, corporation, joint venture or combination thereof. Receipt of more than one bid from an entity will result in all bids from that entity being rejected and returned to the bidder. 18. Award and Protest A. Bid results may be viewed on the internet after 3:00 P.M. on the first business day following the bid due date at http://www.dot.ca.gov/dpac/. B. Whenever an Agreement is awarded under a procedure that provides for competitive bidding, but the Agreement is not to be awarded to the low bidder, the low bidder shall be given notice five (5) working days prior to the award of the Agreement by telegram, electronic facsimile transmission, overnight courier, Internet transmission, or personal delivery. C. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the Agreement. D. Grounds for Filing a Protest: After the issuance of the applicable Agreement award notices as specified in this IFB, the right to protest the proposed award of an Agreement is afforded any bidder who claims it should have been awarded the Agreement because it was the lowest responsible bidder meeting the specifications. E. Filing a Protest: The initial protest must be submitted to DGS, Office of Legal Services and Caltrans, Protest Unit prior to the award of the Agreement. When a protest has been submitted, the Agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter. The written protest must be sent to the addresses below: Department of Transportation Department of General Services Division of Procurement & Contracts Office of Legal Services Attention: Bid, Protest, & Dispute Branch Chief Attention: Protest Coordinator 1727 30th Street, MS-65 707 Third Street, 7th Floor Sacramento, CA 95816 West Sacramento, CA 95605 Phone Number: (916) 227-6096 Phone Number: (916) 376-5080 Fax Number: (916) 227-1950 Fax Number: (916) 376-5088
F. Within five (5) days after filing the initial protest, the protesting bidder shall file with DGS and Caltrans, Protest Unit a full and complete written statement specifying the grounds for the protest. The full written protest statement must be sent to the same addresses above.
Invitation for Bid IFB Number 75A0500 Page 8 of 11 Note: It is suggested that you submit any protest by certified or registered mail. G. Upon award of the Agreement Contractor shall complete and submit to Caltrans, the Payee Data Record form (STD 204), to determine if the Contractor is subject to State income tax withholding pursuant to California Revenue and Taxation Code section 18662 et seq. This form can be found on the Internet at https://www.dgs.ca.gov/PD under the heading Forms. No payment shall be made unless a completed STD 204 has been returned to Caltrans. H. Bidder(s) must complete, sign and submit to Caltrans, all pages of the Contractor Certification Clauses (CCC 04/2017), Attachment 3, with bid package. 19. Standard Conditions of Service A. Service shall not begin prior to the express date set by the Caltrans Contract Manager and the Contractor, after all approvals have been obtained, and the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the Caltrans Contract Manager, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to Caltrans for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another Contractor. B. All performance under the Agreement shall be completed on or before the termination date of the Agreement. C. Antitrust Provisions 1) In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15 or under the Cartwright Act Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code {BPC}), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (See GC section 4552). 2) If the awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid. 3) Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. (See GC section 4554). D. If the bidder is awarded the Agreement and refuses to sign the Agreement presented for signature within the time and manner required, the bidder will be liable to Caltrans for actual damages resulting to Caltrans therefrom or ten percent (10%) of the amount bid, whichever is less. E. Loss Leader usage is prohibited in this solicitation: It is unlawful for any person engaged in business within this State to sell or use any article or product as a "loss leader" as defined in Section 17030 of the California Business and Professions Code. "Loss Leader" means any article or product sold at less than cost: a) where the purpose is to induce, promote or encourage the purchase of other merchandise; or b) where the effect is a tendency or capacity to mislead or
Invitation for Bid IFB Number 75A0500 Page 9 of 11 deceive purchasers of prospective purchasers; or c) where the effect is to divert trade from or otherwise injure competitors. F. No oral understanding or agreement shall be binding on either party. D) Special Programs The following Special Programs are applicable to this IFB. 1. Small Business (SB) or Microbusiness (MB) Preference A. GC section 14835 et seq. requires that a five percent (5%) preference be given to contractors who qualify as a certified SB or MB. References to a SB shall also include MB. The rules and regulations of this law, including the definition of a SB for the delivery of services, are contained in Title 2, California Code of Regulations (2 CCR) 1896 et seq. B. To claim the SB preference, your firm must have its principal place of business located in California and be certified by the California Department of General Services (DGS), Office of Small Business and DVBE Services (OSDS). The preference amount may not exceed fifty thousand dollars ($50,000) for any bid. If prospective Contractor is claiming the five percent (5%) SB preference, complete Section 16 of the Bid/Bidder Certification Sheet (Attachment 4). C. Pursuant to GC section 14838 and 2 CCR 1896, if a bidder is not a certified SB, but wishes to be eligible for the five percent (5%) non-small business (NSB) preference, the bidder must subcontract at least twenty five percent (25%) of its net bid price to one or more certified SBs. If bidder is claiming the five percent (5%) NSB preference, complete Section 17 of the Bid/Bidder Certification Sheet (Attachment 4), and Bidder Declaration, GSPD-05-105 (Attachment 2). Bidder shall list the names of all certified SB firms being claimed for credit on the GSPD-05-105 form. For each certified SB subcontractor listed, the bidder shall submit a copy of the quotes from each SB (on the SB’s company letterhead) as Attachment 10, titled “Quotes from SB Subcontractors.” This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements. D. Certified SB bidder(s) shall have precedence over NSB bidders in the application of SB preference(s). E. SB preferences may not be applied to any bid deemed non-responsive with the solicitation instructions or from a non-responsible bidder. F. Questions regarding the certification approval process or SB program should be directed to OSDS at (800) 559-5529 or (916) 375-4940. For the 24-Hour Recording & Mail Request call (916) 322-5060, or E-mail: [email protected]. G. Additional references are at https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro- Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification- Program. 2. Disabled Veteran Business Enterprise (DVBE) Programs A. DVBE Participation Program with Goals 1) The required DVBE participation goal for this IFB is three percent (3%). The resultant Agreement is financed with State funds and subject to PCC, section 10115 et seq., Military and Veterans Code (MVC), §999 et seq., and Title 2, California Code of Regulations (2 CCR), §1896.60 et seq., that provides contracting opportunities for qualified DVBEs certified by the DGS. The DVBE Incentive Program may also apply – see paragraph B, DVBE Incentive Program, below.
Invitation for Bid IFB Number 75A0500 Page 10 of 11 2) Bidder shall complete and submit the Bid/Bidder Certification Sheet (Attachment 4), Bidder Declaration, GSPD-05-105 (Attachment 2), and as applicable, the Disabled Veteran Business Enterprise Declarations form STD 843 (Attachment 9). Bidder shall complete or collect STD 843(s) when the following situations occur: Bidder is DVBE (prime) Contractor. Bidder subcontracts with any DVBE firm. Bidder collects and submits with its bid package a completed and signed STD 843 from each of the DVBE subcontractor(s) listed on the GSPD-05-105. For each certified DVBE subcontractor listed on the Bidder Declaration, GSPD-05-105, the bidder shall submit a copy of the quotes from each DVBE as Attachment 10, titled “Quotes from DVBE Subcontractors.” as proof of commitment. Failure to provide required DVBE information will result in the bid being rejected as non-responsive. 3) Additional references: https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro- Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business- Enterprise/Certification-Program. B. DVBE Incentive Program 1) The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE Participation Program and was established in MVC §999 et seq., and 2 CCR §1896.99 et seq., to encourage bidders to partner with DVBE subcontractors. A dollar cap of $100,000 is set for all combined incentives and preferences. The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. Any responsive and responsible bidder with the confirmed DVBE participation per the Tables in paragraph 3) below is eligible to receive the incentive. Bidders who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive. 2) Caltrans will apply an incentive to bids proposing the utilization of DGS Certified DVBE firms identified on the Bidder Declaration, GSPD-05-105. Information provided on the Bidder Declaration, GSPD-05-105 shall be verified by Caltrans prior to the award of the Agreement. The incentive amount is equal to a percentage of the lowest responsive and responsible bid based on the amount of DVBE participation in the bid being evaluated per the Tables below. 3) Tables for IFB (Low Price Method) Required 3% Goal
Verified DVBE DVBE Incentive Participation Amount
5% or more 5% 4.5% - 4.99% 4% 4.0% - 4.49% 3% 3.5% - 3.99% 2% 3.01% - 3.49% 1%
Invitation for Bid IFB Number 75A0500 Page 11 of 11 4) When applying the DVBE Incentive, a NSB shall not displace an award to a DGS Certified Small Business. 5) Additional information: https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro- Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business- Enterprise/Certification-Program.
Agreement Number 75A0500 Page 1 of 1
BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV. 11/2015) CONTRACTOR’S NAME (Please Print):
ITEM ESTIMATED UNIT OF ITEM DESCRIPION UNIT PRICE TOTAL NO. QUANTITY MEASURE (Price per Unit (Estimated Quantity of Measure) X Unit Price) Contractor agrees to provide all labor, equipment, tools, materials, parts, travel, and incidentals necessary to provide Each Rail 1 27 $ $ Car Warm-Air Heating, Ventilation, and Air Conditioning (HVAC) system modification services to 27 rail cars as described in Appendix A – Statement of Work (Attachment A).
Subtotal $
Labor hours for unforeseen additional work to be performed, with 2 900 Hours a verbal and/or written approval by Caltrans Contract Manager or $ $ designee. Contingency Fund: Incidental work for incidental spare parts and materials as described in Attachment A, 3 Section 1.8 - not to be used without prior verbal and/or written approval by Caltrans Contract Manager or designee. (This amount shall be 10% of the actual subtotal amount (Subtotal X 10% = amount).
TOTAL THIS $ PROPOSAL
(1) THE ABOVE QUANTITIES ARE ESTIMATED 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. (2) IN CASE OF A DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASED ITEM, THE UNIT PRICE SHALL PREVAIL. (3) PLEASE DO NOT ALTER, MODIFY OR CHANGE THIS BID PROPOSAL SHEET. ANY ALTERATIONS, MODIFICATIONS, OR CHANGES TO THIS BID PROPOSAL SHEET WILL BE GROUNDS TO REJECT THE BID. (4) EACH LINE ITEM MUST CONTAIN A BID AMOUNT. PLEASE DO NOT LEAVE ANY UNIT PRICE COLUMN BLANK OR THIS BID SHEET PROPOSAL WILL BE DISQUALIFIED FROM COMPETITION FOR THE CONTRACT AWARD
Attachment 2 Agreement Number 75A0500 Page 1 of 2
Attachment 2 Agreement Number 75A0500 Page 2 of 2
Invitation for Bid IFB Number 75A0500 Page 1 of 4
ATTACHMENT #3 CONTRACTOR CERTIFICATION CLAUSES
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1. the dangers of drug abuse in the workplace; 2. the person's or organization's policy of maintaining a drug-free workplace; 3. any available counseling, rehabilitation and employee assistance programs; and, 4. penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1. receive a copy of the company's drug-free workplace policy statement; and, 2. agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
Invitation for Bid IFB Number 75A0500 Page 2 of 4
ATTACHMENT #3 CONTRACTOR CERTIFICATION CLAUSES
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at https://www.dir.ca.gov/sweatfreecode.htm, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.
Invitation for Bid IFB Number 75A0500 Page 3 of 4
ATTACHMENT #3 CONTRACTOR CERTIFICATION CLAUSES
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.). 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
Invitation for Bid IFB Number 75A0500 Page 4 of 4
ATTACHMENT #3 CONTRACTOR CERTIFICATION CLAUSES
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
Invitation for Bid IFB Number 75A0500 Page 1 of 2
ATTACHMENT 4 BID/BIDDER CERTIFICATION SHEET
Only an individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. This Bid/Bidder Certification Sheet must be signed and returned along with all "required attachments" as an entire package with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions.
A. Our all-inclusive bid is submitted in a sealed envelope marked “Bid Submittal - Do Not Open”. B. All required attachments are included with this certification sheet. C. I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation goals. D. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification. E. The signature and date affixed hereon certifies that this bid is a firm offer for a 90-day period. An Unsigned Bid/Bidder Certification Sheet May Be Cause for Bid Rejection
1. Company Name 2. Telephone Number 2a. Fax Number ( ) ( ) 2b. Email Address 3. Address
Indicate your organization type: 4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number: 7. Federal Employee ID No. (FEIN) 8. California Corporation No. Indicate the Department of Industrial Relations information:
9. Contractor Registration Number Indicate applicable license and/or certification information: 10. Contractor’s State Licensing Board Number 11. PUC License Number CAL-T-
12. Bidder’ Name (Print) 13. Title
14. Signature 15. Date
16. Are you certified with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) as: b. Disabled Veteran Business Enterprise Yes No a. Small Business Enterprise Yes No
If yes, enter certification number: If yes, enter your service code below:
NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”. Date application was submitted to OSDS, if an application is pending: ______
17. Are you a Non-Small Business committing to the use of 25% Certified Small Business Subcontractor Participation? Yes No If Yes, complete and return the Bidder Declaration form, GSPD-05-105 with your bid.
Invitation for Bid IFB Number 75A0500 Page 2 of 2
ATTACHMENT 4 BID/BIDDER CERTIFICATION SHEET
Completion Instructions for Bid/Bidder Certification Sheet
Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below. Item Instructions Numbers 1, 2, 2a, 3 Must be completed. These items are self-explanatory. Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a 4 partnership and corporation. The sole proprietor is solely liable for all the debts of the business. Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the 5 understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit. Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, 6 in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals. 7 Enter your federal employee tax identification number. Enter your corporation number assigned by the California Secretary of State’s 8 Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California. Enter your Contractor Registration Number assigned by the Department of 9 Industrial Relations (DIR). This Information will be used to determine if you are registered with DIR. Complete if your firm holds a California contractor’s license. This information will 10 used to verify possession of a contractor’s license for public works agreements. Complete if your firm holds a PUC license. This information will be used to verify 11 possession of a PUC license for public works agreements. 12, 13, 14, 15 Must be completed. These items are self-explanatory. If certified as a Small Business Enterprise, place a check in the "yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. 16 If your certification is pending, enter the date your application was submitted to the Department of General Services, Office Small Business and DVBE Services. To get certified, go to https://www.dgs.ca.gov/PD/About/Page-Content/PD- Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran- Business-Enterprise/Certification-Program
17 Check the applicable box. Complete and return GSPD-05-105 with your Bid.
Invitation for Bid IFB Number 75A0500 Page 1 of 1
Attachment 5 CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION
Instructions: Complete as applicable, and submit with bid, proposal, contract, or amendment when the total contract value is $100,000 or more. Pursuant to Public Contract Code section 2010, if a bidder or proposer executes, renews, or amends a contract $100,000 or more on or after January 1, 2017, the bidder or proposer hereby certifies under the penalty of perjury, compliance with the following: 1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts $100,000 or more executed, renewed, or amended after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and 1. EMPLOYER DISCRIMINATORY POLICIES: For contracts $100,000 or more executed, renewed, or amended after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).
CERTIFICATION
I, the official named below, certify under penalty of perjury under the laws of the State of California FEDERAL ID NUMBER (OR N/A) that the foregoing is true and correct. PROPOSER/BIDDER FIRM NAME (PRINTED)
BY (AUTHORIZED SIGNATURE)
PRINTED NAME AND TITLE OF PERSON SIGNING
DATE EXECUTED/SIGNED EXECUTED/SIGNED IN THE COUNTY AND STATE OF
Invitation for Bid IFB Number 75A0500 Page 1 of 1
Attachment 6 Darfur Contracting Act Certification
Instructions: Complete, as applicable, and submit with bid or proposal. Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal. OPTION #1-CERTIFICATION If your company has not, within the previous three years, had any business activities or other operations outside of the United States, complete and sign this section and submit with bid package. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below has not, within the previous three years, had any business activities or other operations outside of the United States. b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.
Company/Vendor Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County and State of
OPTION #2-CERTIFICATION If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.
Company/Vendor Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County and State of
OPTION #3–WRITTEN PERMISSION FROM DGS Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below. We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal. Company/Vendor Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County and State of
Invitation for Bid IFB Number 75A0500 Page 1 of 1
Attachment 7 Iran Contracting Act Certification
Instructions: Complete, as applicable, and submit with bid or proposal. Prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d). To comply with this requirement, please insert your vendor or financial institution name and Federal ID Number (if available) and complete one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.) OPTION #1-CERTIFICATION I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.
Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County and State of
OPTION #2–EXEMPTION Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.
Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)
By (Authorized Signature)
Printed Name and Title of Person Signing Date Executed
Invitation for Bid (IFB) IFB Number 75A0500
ATTACHMENT 8
CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM REQUIREMENTS – NOT FOR GOODS AND INFORMATION TECHNOLOGY (Revision Date 09/03/09) Please read the requirements and instructions carefully before you begin.
AUTHORITY. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq. Recent legislation has modified the program significantly in that a bidder may no longer demonstrate compliance with program requirements by performing a “good faith effort” (GFE).
The minimum DVBE participation percentage (goal) is 3% for this solicitation unless another percentage is specified in the solicitation. A DVBE incentive will be given to bidders who provide DVBE participation, unless stated elsewhere in the solicitation that the DVBE incentive has been waived.
INTRODUCTION. The bidder must complete the identified form to comply with this solicitation’s DVBE program requirements. Bids or proposals (hereafter called “bids”) that fail to submit the required form and fully document and meet the DVBE program requirement shall be considered non- responsive.
Information submitted by the intended awardee to comply with this solicitation’s DVBE requirements will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the 2 CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.
Only State of California, Office of Small Business and DVBE Services (OSDS), certified DVBEs (hereafter called “DVBE”) who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE program requirements. The criteria and definition for performing a commercially useful function are contained herein on the page entitled Resources & Information. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility.
PLEASE READ ALL INSTRUCTIONS CAREFULLY. These instructions contain information about the DVBE program requirements, bidder responsibilities, and the DVBE Bid Incentive. Bidders are responsible for thorough review and compliance with these instructions.
To meet the DVBE program requirements, bidders must complete and fully document compliance with the following:
Commitment to full DVBE participation - For a bidder who is a DVBE or who is able to meet the commitment to use identified certified DVBE(s) to fulfill the full DVBE participation goal. Invitation for Bid (IFB) IFB Number 75A0500
ATTACHMENT 8 COMMITMENT -- Commit to meet or exceed the DVBE participation requirement in this solicitation by either Method A1 (bidder is a California certified DVBE) or A2 (bidder is not a California certified DVBE). Bidders must document DVBE participation commitment by completing and submitting the Bidder Declaration (GSPD-05-105) located elsewhere within the solicitation document. Failure to complete and submit the required form as instructed shall render the bid non-responsive. At the State’s option prior to award of the contract, a written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. As directed by the State, the written confirmation must be signed by the bidder and/or the DVBE subcontractor(s). The written confirmation may request information that includes but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, and total amount to be paid to the DVBE. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.
Method A1. Certified DVBE bidder: a. Commit to performing at least 3% of the contract bid amount (unless otherwise specified) with the prime bidder’s firm or in combination with another DVBE(s). b. Document DVBE participation on the Bidder Declaration GSPD-05-105. c. At the State’s option a DVBE bidder working in combination with other DVBEs shall submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor on the Bidder Declaration. When requested, the document must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection.
Method A2. Non-DVBE bidder: a. Commit to using certified DVBE(s) for at least 3% (unless otherwise specified) of the bid amount. b. Document DVBE participation on the Bidder Declaration GSPD-05-105. c. At the State’s option prior to contract award, a bidder shall submit proof of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on the Bidder Declaration GSPD-05-105. The awarding department contracting official named in the solicitation may contact each listed DVBE, by mail, fax or telephone, for verification of the bidder’s submitted DVBE information. When requested, the document must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection.
THE FOLLOWING MAY BE USED TO LOCATE DVBE SUPPLIERS: Awarding Department
Contact the department’s contracting official named in this solicitation for any DVBE suppliers who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE suppliers for the solicitation. You may also contact the department’s SB/DVBE Advocate for assistance. Invitation for Bid (IFB) IFB Number 75A0500
ATTACHMENT 8
Other State and Federal Agencies, and Local Organizations
STATE: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at www.eprocure.dgs.ca.gov To begin your search, click on “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.eprocure.dgs.ca.gov. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to: [email protected].
FEDERAL: Search the U.S. Small Business Administration’s (SBA) Central Contractor Registration (CCR) on-line database at www.ccr.gov/ to identify potential DVBEs and click on the "Dynamic Small Business Search" button. Search options and information are provided on the CCR Dynamic Small Business Search site. First time users should click on the “help” button for detailed instructions. Remember to verify each firm’s status as a California certified DVBE.
LOCAL: Contact local DVBE organization to identify DVBEs. For a list of local organizations, go to www.pd.dgs.ca.gov/smbus and select: DVBE Local Contacts (New 02/09) (pdf).
DVBE BID INCENTIVE. Unless stated elsewhere in the solicitation that the DVBE incentive has been waived, in accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. Unless a table that replaces the one below has been expressly established elsewhere within the solicitation, the following percentages will apply for awards based on low price.
Confirmed DVBE Participation of: DVBE Incentive: 5% or Over 5% 4% to 4.99% inclusive 4% 3% to 3.99% inclusive 3%
As applicable: (1) Awards based on low price - the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.
(2) Awards based on highest score - the solicitation shall include an individual requirement that identifies incentive points for DVBE participation.
A DVBE Business Utilization Plan (BUP) does not qualify a firm for a DVBE incentive. Bidders with a BUP, must submit a Bidders Declaration (GSPD-05-105) to confirm the DVBE participation for an element of work on this solicitation in order to claim a DVBE incentive(s). Invitation for Bid (IFB) IFB Number 75A0500
ATTACHMENT 8 RESOURCES AND INFORMATION For questions regarding bid documentation requirements, contact the contracting official at the awarding department for this solicitation. For a directory of SB/DVBE Advocates for each department go to: http://www.pd.dgs.ca.gov/smbus/advocate.htm.
The Department of General Services, Procurement Division (DGS-PD) publishes a list of trade and focus publications to assist bidders in locating DVBEs for a fee. To obtain this list, please go to www.pd.dgs.ca.gov/smbus and select:
• DVBE Trade Paper Listing (New 02/09) (pdf)
• DVBE Focus Paper Listing (New 02/09) (pdf) FOR: U.S. Small Business Administration (SBA): Service-Disabled Veteran-owned Use the Central Contractor Registration (CCR) on-line database. businesses in California (Remember to Internet contact only –Database: www.ccr.gov/. verify each DVBE’s California certification.)
Local Organizations: Go to www.pd.dgs.ca.gov/smbus and select: FOR: DVBE Local Contacts (New 02/09) (pdf) List of potential DVBE subcontractors
FOR:
• SB/DVBE Search DGS-PD EProcurement • CSCR Ads Website: www.eprocure.dgs.ca.gov Phone: (916)375-2000 • Click on Training tab to Access Email: [email protected] eProcurement Training Modules including: Small Business (SB)/DVBE Search
DGS-PD Office of Small Business and DVBE Services (OSDS) FOR: 707 Third Street, Room 1-400, West Sacramento, CA 95605 • Directory of California-Certified Website: www.pd.dgs.ca.gov/smbus DVBEs OSDS Receptionist, 8 am-5 pm: (916) 375-4940 • Certification Applications • Certification Information PD Receptionist, 8 am-5 pm: (800) 559-5529 • Certification Status, Concerns Fax: (916) 375-4950 • General DVBE Program Info. Email: [email protected] • DVBE Business Utilization Plan • Small Business/DVBE Advocates
Commercially Useful Function Definition
California Code of Regulations, Title 2, § 1896.61(l): The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function. As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all of the following: Is responsible for the execution of a distinct element of the work of the contract. Carries out the obligation by actually performing, managing, or supervising the work involved. Performs work that is normal for its business services and functions. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation. Invitation for Bid (IFB) Number 75A0500 ATTACHMENT 9 Page 1 of 1 Invitation for Bid IFB Number 75A0500 Page 1 of 1 ATTACHMENT 10
QUOTES FROM SB OR DVBE SUBCONTRACTORS
Bidder shall attach copies of SB OR DVBE SUBCONTRACTORS quotes (on SB or DVBE’s letterhead) from any SB or DVBE subcontractors listed in the form GSPD-05-105. Refer to instructions in IFB Section D), Items 1 C and 2 A 2).
Invitation for Bid IFB Number 75A0500 Page 1 of 1 ATTACHMENT 11 Invitation for Bid No. 75A0500
REQUIRED ATTACHMENT CHECKLIST
A complete bid or bid package will consist of the items identified below. Complete this checklist to confirm the items in your bid package. Place a check mark or “X” next to each item that you are submitting to Caltrans. All attachments identified below (unless noted otherwise) are required and must be returned as instructed or your bid may be considered non-responsive. Return the Attachment Checklist with your bid package. Do NOT submit the Proposed Form of Agreement, Attachment 13, company advertisements, brochures, informational pamphlets or any other document unless specifically noted in the IFB Requirements and/or as listed below.
Attachments Attachment Name/Description
Attachment 1 Bid Proposal, ADM 1412 Attachment 2 Bidders Declaration, GSPD-05-105 Attachment 3 Contractor Certification Clauses (CCC 04/2017). The CCC 04/2017 can also be found on the Internet at https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract- Language. Page one (1) must be signed and submitted prior to the award of the contract. Attachment 4 Bid/Bidder Certification Sheet Attachment 5 California Civil Rights Laws Certification Attachment 6 Darfur Contracting Act Certification Attachment 7 Iran Contracting Act Certification Attachment 8 California Disabled Veteran Business Enterprise (DVBE) Program Requirements – NOT for Goods and Information Technology Attachment 9 Disabled Veterans Business Enterprise Declarations, STD 843 (Required for DVBE contractor or DVBE subcontractors listed in the GSPD-05-105) Attachment 10 Quotes from SB/DVBE Subcontractors (on SB/DVBE’s letterhead) Attachment 11 Required Attachment Checklist Attachment 12 Experience Letter (refer to this IFB Solicitation, Section B, Bidder’s Minimum Qualifications, Item 2). Copy/proof: Certified Welder certification with the American Welding Society (AWS) and Environmental Protection Agency (EPA) 608 Technician Certification (refer to this IFB Solicitation, Section B, Bidder’s Minimum Qualifications, Item 1.1) and 2)
Invitation for Bid IFB Number 75A0500 Page 1 of 1 ATTACHMENT 12 – Experience Letter
Contractor Name: ______
Address: ______
Telephone Number: ______
INSTRUCTIONS: Bidder, below please provide the requested experience information in order to demonstrate the mandatory experience as required in IFB 75A0500, Section B, Minimum Qualifications, Item 2. Note, Bidder may copy this sheet and attach as many pages as necessary in order to prove required experience.
Services Provided to:
Company Name: ______
Contact Name: ______Title: ______
Street Address:______
City, State, Zip:______
Telephone Number:______
Brief Description of Work Performed:
Dates Services Performed: Start Date: ___/___/___ End Date: ___/___/___ (The dates listed above will be calculated to confirm the required five (5) years of experience)
By signing below, I certify under penalty of perjury the information provided above is true and correct.
Signature:
Printed Name:
Date:
Page of
ATTACHMENT 13 Contract Type: Commercial Service
Note to Bidders: The following pages represent a sample of the Agreement that will be awarded, if any, from this IFB. Please review it carefully and present any questions in writing to the contact identified for this IFB.
Contractor's Name Agreement Number 75A0500 Page 1 of 2 EXHIBIT A Commercial Services–State
SCOPE OF WORK 1. Contractor agrees to provide all labor, equipment, tools, travel, and incidentals necessary to provide bi-level railcars Warm-Air Heating, Ventilation, and Air Conditioning (HVAC) system modification services to the California Department of Transportation (Caltrans), as described in the attached Appendix A – Statement of Work (Attachment A). 2. The services shall be performed on twenty-seven (27) bi-level railcars based out in Amtrak Oakland Maintenance Facility, 1303 3rd Street, Oakland, CA 94607-1803. 3. This Agreement will commence on August 16, 2019 (estimate) or upon approval by the 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. The Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by the Caltrans Contract Manager or designee. This Agreement shall expire on August 15, 2022 (estimate). The services shall be provided as described during working hours, Monday through Friday, except State holidays. The parties may amend this Agreement as permitted by law. 4. All inquiries during the term of this Agreement will be directed to the project representatives listed below: Caltrans: Contractor: TBD Section/Unit: Section/Unit: Contract Manager: Project Manager: Address: Address:
Bus. Phone No.: Bus. Phone No.: Fax No: Fax No: Email: Email:
5. Description of Work: A. The mission of the Caltrans Division of Rail and Mass Transportation (DRMT) is to provide and promote passenger rail services, improving and expanding rail services in California and integrating them into the overall transportation network.
B. This project will improve rail passenger safety, service and comfort by modifying the HVAC systems on twenty-seven (27) bi-level railcars. The cars were built by Morrison Knudsen and their successors starting in 1994. The cars were designed for intercity rail service at operating speeds up to 125 mph, with a high priority on comfortable passenger amenities. The cars are based out of Oakland, CA and are currently used on the Capitol Corridor trains (Auburn-Sacramento-San Jose) and San Joaquin Corridor trains (Oakland- Bakersfield and Sacramento-Bakersfield). These cars operate seven days a week, 365 days a year, providing transportation service to millions of passengers annually.
C. The cars are operated in push-pull service with propulsion provided by 3,000-hp diesel- electric locomotives. On-board 480VAC 60 Hz 3-phase, hotel power is provided by a separate Head End Power (HEP) generator located on the locomotive.
Contractor's Name Agreement Number 75A0500 Page 2 of 2 EXHIBIT A Commercial Services–State
D. The purpose of this Agreement is to make modifications to the HVAC systems and related components. The bi-level railcars to be worked on are shown in Attachment B (Schematic zip file) and must be a part of each scope of work to the HVAC railcars. These schematics are drawings and approvals for both Caltrans and internal staff of the Contractor that must be posted at the Contractor’s site for reference during on-site inspection and are returned to Amtrak facility before releasing into services. Work will be completed by Contractor as described in Appendix A – Statement of Work (Attachment A).
6. Completion and Inspection of Work
A. Upon completion of each rail car, the Contractor shall notify the Caltrans Contract Manager or designee within twenty-four hours to have the work inspected. The assigned work is not complete until it is inspected and approved by Caltrans Contract Manager or designee. B. The Contractor shall work in a professional, competent manner without direct supervision by Caltrans Contract Manager or designee. The Contractor shall produce a good quality job. C. As determined by Caltrans Contract Manager or designee, any work or material that may be found to be substandard or not in compliance with code will subject the Contractor to a call back to redo the work. In the event a call back is necessary to redo the job, it will be at the Contractor’s expense and no extra cost to Caltrans. D. In the event the Contractor necessitates a third “call back” to complete and/or correct jobs, the third call back shall be considered a poor work record may constitute grounds for Agreement termination.
7. Warranty Contractor shall provide one (1) year warranty on labor and materials on all work performed, as described in Attachment A, Section 8.1. Warranty begins on the day of project acceptance by the Caltrans Contract Manager or designee.
8. Final Cleanup The Contractor shall leave each work site in a neat and clean condition. The Contractor shall haul away and legally discard any materials or trash caused by its work actions from the job site.
Contractor's Name Agreement Number 75A0500 Page 1 of 3 EXHIBIT B Commercial Services–State
BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment A. For services satisfactorily rendered and approved by the Caltrans Contract Manager, and upon receipt and approval of the invoices, Caltrans agrees to compensate the Contractor in accordance with the Bid Proposal, Attachment 1 and this Exhibit B. Incomplete or disputed invoices shall be returned to the Contractor, unpaid, for correction. B. Invoices shall be itemized in accordance with the Bid Proposal, Attachment 1, and shall be signed and submitted in triplicate not more frequently than monthly in arrears of the service. C. Each invoice shall include: 1) Agreement Number 2) Date(s) of Service 3) Location of Service D. Each invoice shall be submitted in triplicate to: Department of Transportation Office/Unit Name, MS Number Attention: Contract Manager’s Name Street Address/P.O. Box City, CA Zip Code 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 of California 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 (GC), 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 thirty (30) day termination clause or to amend the Agreement to reflect any reduction of funds. Refer to Exhibit D, 2. B. Termination. Contractor's Name Agreement Number 75A0500 Page 2 of 3 EXHIBIT B Commercial Services–State
3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, GC, Chapter 4.5, commencing with Section 927. 4. Cost Limitation A. Total amount of this Agreement shall not exceed $TBD. B. It is understood and agreed that this total is an estimate and that Caltrans will pay only for those services actually rendered as authorized by the Caltrans Contract Manager or its designee up to the total amount set forth in section 4A, above. 5. Rates Rates for these services may be found on Attachment 1 of this document. 6. Materials/Supplies The Contractor will be reimbursed for the actual cost of materials/supplies purchased to be consumed or installed at the work site in performance of the Agreement (including applicable sales tax), without additional allowance for markup. Contractor costs associated with the purchase and installation of materials/supplies are considered as a component of the Contractor's hourly rate for services that include wages, overhead, general and administrative expenses and profit. Cost of materials/supplies are to be substantiated by a copy of the appropriately signed original invoice verifying the actual cost and delivery of the materials/supplies of Caltrans. Total expenditures for materials/supplies shall not exceed the amount set forth in line item 3 for parts in Attachment 1. 7. Excise Tax The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. Caltrans will pay for any applicable State or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. Caltrans may pay any applicable sales and use tax imposed by another state. 8. Cost Principles A. The Contractor agrees that the Cost Principles and Procedures in 48 CFR, Part 31, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, in 2 CFR, Part 200, shall be used to determine the allowable individual items of cost. B. Any costs for which payment has been made to the Contractor that are determined by subsequent audit to be unallowable under 48 CFR, Part 31 or 2 CFR, Part 200 are subject to repayment by Contractor to Caltrans. C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section. 9. Costs Included in Bid Rates The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, Agreement bond premiums, and any other taxes or assessments INCLUDING SALES AND USE TAXES required by law or otherwise shall be included in the Agreement rates and no Contractor's Name Agreement Number 75A0500 Page 3 of 3 EXHIBIT B Commercial Services–State additional allowance will be made thereof, unless separate payment provision should specifically so provide.
Contractor's Name Agreement Number 75A0500 Page 1 of 11 EXHIBIT D Commercial Services–State
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 the Contractor. The decision of the Caltrans Contract Officer, issued in writing, shall be Caltrans’ final decision on the dispute. B. Neither the pendency of a dispute nor its consideration by the Caltrans Contract Officer will excuse the 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, the Contractor’s performance is unsatisfactory, the Agreement may be terminated for default. Additionally, the Contractor may be liable to Caltrans for damages including the difference between the Contractor’s original bid price and the actual cost of performing the work by another Contractor. Default is defined as the 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 thirty (30) days written notice to the Contractor or immediately in the event of default or material breach by the Contractor at no cost. 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 the 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. Subcontractors A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between Caltrans and any Subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to Caltrans for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its Subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. B. The Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted except for Subcontractors listed on the Bidder Declaration, GSPD-05-105, Attachment 2. C. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to Subcontractors. Contractor's Name Agreement Number 75A0500 Page 2 of 11 EXHIBIT D Commercial Services–State
D. Any substitution of Subcontractors must be approved in writing by the Caltrans Contract Manager in advance of assigning work to a substitute Subcontractor. 4. Retention of Records/Audits A. For the purpose of determining compliance with GC, Section 8546.7, the 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 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 the 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. 5. Non-Solicitation The 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, except bona fide employees or bona fide established commercial or selling agencies maintained or contracted by the contractor for the purpose of securing business. For breach or violation of this warranty, the state shall 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 Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 6. Reporting Small Business (SB)/Micro Business (MB) and/or Disabled Veterans Business Enterprise (DVBE) Utilization If SB/MB and/or DVBE Subcontractor participation is a requirement of this Agreement, the Contractor must report the actual amount paid to certified Subcontractors. The Contractor must comply with Government Code Section 14841 and Military and Veterans Code Section 999.5(d) by reporting the actual utilization of certified Subcontractor(s) during the performance of this Agreement. The 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 the Caltrans Contract Manager within 60 days from receipt of final payment. 7. Disabled Veterans Business Enterprise (DVBE) Participation (With Goals) A. The Contractor has complied with the requirements of Public Contract Code Section 10115 et seq. DVBE goals achieved are expressed as a percentage of the estimated dollar value of this Agreement, and are identified on the Bidder Declaration form, GSPD-05-105, Attachment 2. Contractor's Name Agreement Number 75A0500 Page 3 of 11 EXHIBIT D Commercial Services–State
B. The following goals are the Contractor's commitment set forth in this Agreement based upon the estimated total dollar amount to be expended.* 3% of work for DVBE(s) *If this Agreement is amended and the additional work can be included in the sub- contracted work, the goals may be amended to reflect this change. A revised Bidder Declaration form, GSPD-05-105 must be attached to and made a part of the amended Agreement. 8. Substitutions of DVBEs DVBE subcontractors shall be used per the California Code of Regulations (CCR), Title 2 § 1896.70 unless a substitution is approved in writing by the Department of General Services (DGS), Office of Small Business & Disabled Veteran Business Enterprise (OSDS). A DVBE subcontractor shall be replaced by another DVBE to perform the work originally stated. The substitution shall maintain, at minimum, the level of participation goal stated in the bid. A. The Contractor shall simultaneously notify the DVBE and the Caltrans Contract Manager of the intended substitution. The written notice shall contain the reasons for the substitution and be sent by certified mail. The Contractor shall submit the following to the Caltrans Contract Manager: 1) A copy of the written notice issued to the DVBE with proof of delivery. In the absence of proof of delivery, provide the certified mail receipts. 2) A copy of the DVBE’s consent or opposition to the substitution. In the absence of the consent or opposition, provide the returned and unopened certified mail. 3) The name and supplier number of the business being substituted and the name and supplier number of the proposed replacement. If a DVBE cannot be identified as a replacement, the Contractor shall document the absence of DVBEs. This documentation shall include but is not limited to: a) Contact Caltrans’ Small Business Advocate at [email protected] and the Department of Veterans Affairs at [email protected] regarding the absence of DVBEs to perform the specific work. b) Search results from the DGS website for DVBEs to perform the specific work. c) Communication with a DVBE Community Organization nearest the worksite regarding the absence of DVBEs, if applicable. d) Documented communication with DVBEs describing the work to be performed, its percentage of the overall contract, the corresponding dollar amount, and their responses to the request. B. The DVBE shall have up to five (5) business days from the postmark date to consent or oppose the substitution. A copy of the DVBE’s reply shall be sent simultaneously by certified mail to the Contractor and the Caltrans Contract Manager. C. When written oppositions to a substitution are filed, Caltrans shall grant the DVBE a hearing. The hearing notice shall be issued within five (5) business days from receipt of the opposition. If Caltrans grants the substitution, continue to D, below. Contractor's Name Agreement Number 75A0500 Page 4 of 11 EXHIBIT D Commercial Services–State
D. The Caltrans Contract Manager shall submit the substitution request to the DGS, OSDS: 1) The request must meet the criteria as specified above or § 4107 of the Public Contract Code for Public Works. 2) The substitution request shall be accompanied by the hearing decision, when applicable. E. The OSDS will respond to substitution requests within three (3) business days. The OSDS shall consent to the substitution of another DVBE, or in the absence of a DVBE in any of the following situations: 1) When the DVBE becomes bankrupt, insolvent or goes out of business. 2) When the DVBE does not perform as listed in the Bidder Declaration. 3) When the DVBE does not meet the bond requirements of the contractor. 4) When the DVBE’s name is incorrect due to an inadvertent clerical error. In the case of public works contracts, compliance with § 4107.5 of the Public Contract Code is required. 5) When the DVBE is not licensed as required by any State of California regulatory agency. 6) When Caltrans, or its duly authorized officer, determines that the DVBE: a) Did not perform in accordance with the plans and specifications; or, b) Has delayed or disrupted the progress of the work. F. The DVBE substitution process shall not be used as an excuse for noncompliance with any provision of law. This includes, but is not limited to, the Subletting and Subcontracting Fair Practices Act (§ 4100 et seq., Public Contract Code) or any Agreement requirements relating to substitution of subcontractors. G. Contractors who proceed with work pending a substitution decision may be subject to contract termination, recovery of damages under rights, remedies and penalties. This is outlined in § 999.9 of the Military and Veterans Code, § 10115.10 of the Public Contract Code or § 4110 of the Public Contract Code (applies to public works only). Failure to adhere to the DVBE participation in the performance of the Agreement may be cause for Agreement termination and recovery of damages under the rights and remedies due Caltrans. H. Any DVBE firm acting/working under subcontract must be responsible for providing materials, supplies, equipment or services and must carry out its responsibility by actually performing, managing, or supervising the work involved that is normal for its business services and functions. I. The Contractor shall maintain records of all subcontracts entered into with DVBE Subcontractors including records of materials purchased from DVBE suppliers. Such records shall show the name and address of each DVBE Subcontractor or supplier and the total dollar amount paid to each one. Upon completion of the Agreement, a summary of these records shall be prepared and certified correct by the Contractor or his authorized representative and the summary shall be furnished to the Caltrans Contract Manager. Contractor's Name Agreement Number 75A0500 Page 5 of 11 EXHIBIT D Commercial Services–State
9. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to and not a limitation of the Contractor’s indemnification obligations contained elsewhere in this Agreement, the 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. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of Caltrans, the State of California, and/or any of their officers, agents and/or employees. 10. Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code 42649.8 et. seq., if Contractor generates four (4) cubic yards or more of organic waste or commercial solid waste per week, the Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from the Caltrans Contract Manager. 11. Laws to be Observed The Contractor shall keep fully informed of all existing and future state and federal laws and county, and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with, and shall cause all agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement. If any discrepancy or inconsistency is discovered in the plans, drawings, specification, or Agreement for the work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall immediately report the same to the Caltrans Contract Manager in writing. 12. Specific Legal References Any reference to specific statutes, regulations or other legal authority in this Agreement shall not relieve the Contractor from the responsibility of complying with all existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement. Contractor's Name Agreement Number 75A0500 Page 6 of 11 EXHIBIT D Commercial Services–State
13. Equipment Indemnification A. The Contractor shall indemnify Caltrans for any claims against Caltrans for loss or damage to the Contractor’s property or equipment during its use under this Agreement and shall at the Contractor’s own expense maintain such fire, theft, liability or other insurance as deemed necessary for this protection. The Contractor assumes all responsibility which may be imposed by law for property damage or personal injuries caused by defective equipment furnished under this Agreement or by operations of the Contractor or the Contractor’s employees under this Agreement. B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause. 14. Force Majeure Except for defaults of Subcontractors, neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by the Contractor arises out of a default of its Subcontractor, and if such default of its Subcontractor, arises out of causes beyond the control of both the Contractor and Subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by the Subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule. 15. Employment of Undocumented Workers By signing this Agreement, the Contractor swears or affirms that it has not, in the preceding five years, been convicted of violating a State or Federal law relative to the employment of undocumented workers.
PUBLIC WORKS PROVISIONS
The Contractor will treat the work covered by this Agreement as a public work if required by law. 1. Invoicing and Payment A. The Contractor shall submit a certified copy of all payroll records for verification by the Caltrans Contract Manager and/or designee with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by the Contractor. B. Progress payments will be made based on services provided and actual costs incurred. Not less than ten (10%) percent of the Agreement amount shall be withheld pending final completion of the Agreement. The retention amount will be paid to the Contractor after Caltrans has evaluated the Contractor's performance and made a determination that all Agreement requirements have been satisfactorily fulfilled. Contractor's Name Agreement Number 75A0500 Page 7 of 11 EXHIBIT D Commercial Services–State
2. Payroll Records A. The Contractor and each Subcontractor shall comply with the following provisions. The Contractor shall be responsible for compliance by its Subcontractors. 1) Each Contractor and Subcontractor shall keep accurate payroll records and supporting documents as mandated by Section 1776 of the California Labor Code (LC) 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 the 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 its employees on the public works project. 2) The payroll records enumerated under paragraph 1 above, shall be certified. The certified payrolls and records related to employee wages, fringe benefits, payroll tax and deductions shall be available for inspection and copying by Caltrans representative at all reasonable hours at the Contractor’s principal office. Certified payrolls shall be made available 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, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the of Industrial Relations. Certified payrolls submitted to Caltrans, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards shall not be altered or obliterated by the Contractor. c) The public shall not be given access to certified payroll records by the Contractor. The Contractor is required to forward any requests for certified payrolls to the Caltrans Contract Manager by both facsimile and regular mail on the business day following receipt of the request. 3) Each Contractor shall submit a certified copy of the records enumerated in paragraph 1 above, to the entity that requested the records within ten (10) days after receipt of a written request. 4) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Caltrans shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Contractor awarded the Agreement or performing the Agreement shall not be marked or obliterated. Contractor's Name Agreement Number 75A0500 Page 8 of 11 EXHIBIT D Commercial Services–State
5) The Contractor shall inform Caltrans of the location of the records enumerated under paragraph 1 above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. 6) The Contractor or Subcontractor shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph 1 above. In the event the Contractor or Subcontractor fails to comply within the ten-day period, it shall, as a penalty to Caltrans, forfeit one hundred ($100) dollars 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. C. The penalties specified in paragraph 6 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 the Contractor. Penalties assessed for failure to submit certified payrolls are forfeitures and not retentions that will be returned to the Contractor. D. 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. The Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. E. The Contractor and each Subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Agreement. F. The Contractor shall submit a certified copy of all payroll records for verification by the Caltrans Contract Manager and/or designee with each invoice. When progress payments are called for, the 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 the Contractor. G. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause. 3. Penalty A. The Contractor and any Subcontractor under the Contractor shall comply with Labor Code (LC) Sections 1774 and 1775. In accordance with said LABOR CODE Section 1775, the Contractor shall forfeit, as a penalty to Caltrans, not more than two hundred ($200) dollars for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any public work done under the Agreement by him or her, or by any Subcontractor under him/her, in violation of the Contractor's Name Agreement Number 75A0500 Page 9 of 11 EXHIBIT D Commercial Services–State
provisions of the Labor Code and, in particular, Labor Code Sections 1775 to 1780, inclusive. B. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the 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 the 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 the 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 the Subcontractor, the prime Contractor of the project is not liable for any penalties described above unless the prime Contractor had knowledge of that failure of the Subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime Contractor fails to comply with all of the following requirements: 1) The Agreement executed between the Contractor and the Subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. 2) The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subcontractor to the employees by periodic review of the certified payroll records of the Subcontractor. 3) Upon becoming aware of the failure of the Subcontractor to pay his or her workers the specific prevailing rate of wage, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited, to retaining sufficient funds due the Subcontractor for work performed on the public works project. 4) Prior to making final payment to the Subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury for the Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to LABOR CODE Section 1813. D. Pursuant to LABOR CODE Section 1775, Caltrans shall notify the Contractor on a public works project within fifteen (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, the Contractor shall withhold an amount of moneys due Contractor's Name Agreement Number 75A0500 Page 10 of 11 EXHIBIT D Commercial Services–State
the Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by Caltrans. F. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause. 4. State General Prevailing Wage Rates A. The Contractor agrees to comply with all of the applicable provisions of the Labor Code including those provisions requiring the payment of not less than the general prevailing rate of wages. The 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. 5. State Prevailing Wage Rate Determinations A. The General Prevailing Wage Rate Determinations applicable to the project are available and on file with Caltrans’ Regional/District Labor Compliance Office. These wage rate determinations are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2. Any special wage rate determinations applicable to this project are attached. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. B. After award of the Agreement, and prior to commencing work, all applicable General Prevailing Wage Rate Determinations are to be obtained by the Contractor from the Department of Industrial Relations. These wage rate determinations are to be posted by the Contractor at the job site in accordance with Section 1773.2 of the California Labor Code. C. Questions pertaining to predetermined wage rates should be directed to Caltrans’ Regional or District Labor Compliance Office. A list of local Labor Compliance Offices will be attached at contract award. 6. Hours of Labor A. Eight (8) hours labor constitutes a legal day's work. The Contractor shall forfeit, as a penalty to Caltrans, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Contractor or any Subcontractor under the Contractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in violation of the Contractor's Name Agreement Number 75A0500 Page 11 of 11 EXHIBIT D Commercial Services–State
provisions of the Labor Code (LC), and in particular LABOR CODE Sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half times the basic rate of pay, as provided in Section 1815. B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause. 7. Employment of Apprentices A. Where the prime contract is $30,000 or more, the Contractor and any Subcontractors under him or her 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. The 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 article. The Contractor shall submit a certified copy of all payroll records for verification by the Caltrans Contract Manager and/or designee with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by the Contractor.
Contractor's Name Agreement Number 75A0500 Page 1 of 3 EXHIBIT E Commercial Services–State
ADDITIONAL PROVISIONS 1. General Provisions Required in all Insurance Policies A. Deductible: Contractor is responsible for any deductible or self-insured retention contained within the insurance program. B. Coverage Term: Coverage must be in force for the complete term of this Agreement. If insurance expires during the term of this Agreement, a new certificate must be received by the Caltrans Contract Manager at least ten (10) days prior to the expiration of the insurance. Any new insurance must continue to comply with the original terms of this Agreement 75A0500. C. Policy Cancellation or Termination and Notice of Non-Renewal: Contractor shall provide, to the Caltrans Contract Manager within five (5) business days, following receipt by Contactor, a copy of any cancellation or non-renewal of insurance required by this Agreement. In the event Contractor fails to keep, in effect at all times, the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement. D. Primary Clause: Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. E. Inadequate Insurance: Inadequate or lack of insurance does not negate the Contractor's obligations under this Agreement. F. Endorsements: Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. G. Insurance Carrier Required Rating: All insurance companies must carry a rating acceptable to the Department of General Services, Office of Risk and Insurance Management (ORIM). If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required. Department of General Services, ORIM Website: https://www.dgs.ca.gov/ORIM. H. Contractor shall include all of its subcontractors as insured's under Contractor's insurance or supply evidence of insurance to the State equal to the policies, coverage’s and limits required of Contractor. I. The State will not be responsible for any premiums or assessments on the policy. 2. Insurance Requirements A. Commercial General Liability 1) Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage liability. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured Agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor's limit of liability. The policy must include: Contractor's Name Agreement Number 75A0500 Page 2 of 3 EXHIBIT E Commercial Services–State
Caltrans, State of California, its officers, agents, employees and servants are included as additional insured but only with respect to work performed under this Agreement. 2) This endorsement must be supplied under form acceptable to the Department of General Services, Office of Risk and Insurance Management. B. Automobile Liability Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles. The same additional insured designation and endorsement required for general liability is to be provided for this coverage. C. Workers’ Compensation and Employer’s Liability Contractor shall maintain statutory worker's compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer's liability limits of $1,000,000 are required. When work is performed on State owned or controlled property the workers' compensation policy shall contain a waiver of subrogation in favor of the State. The waiver of subrogation endorsement shall be provided to the Caltrans’ Contract Manager. D. Satisfying a Self-Insured Retention (SIR) All insurance required by this contract must allow, but not require, the State to pay any SIR and/or act as the Contractor’s agent in satisfying any SIR. The choice to pay any SIR and/or act as the Contractor’s agent in satisfying any SIR is at the State’s discretion. If the State chooses to pay any SIR and/or act as the Contractor’s agent in satisfying any SIR, the Contractor shall reimburse the State for the same. E. Available Coverages/Limits In the event the insurance coverages obtained by the Contractor is broader in scope than, and/or the limits are higher than, those required under the contract, all such broader coverage and/or higher limits available to the Contractor shall also be available and applicable to the State. 3. Motor Carrier Permit Requirements A. Contractor is responsible for determining whether California Vehicle Code (CVC) sections 34601 and 34620 require Contractor to have a valid Motor Carrier Permit(s) (MCP) issued by the Department of Motor Vehicles (DMV) in order for Contractor to lawfully perform any part or aspect of the work described in Exhibit A, Scope of Work, and, if CVC sections 34601 and 34620 do require same for any part or aspect of such work, Contractor must have a valid MCP issued from the DMV for its services as a Motor Carrier of Property under this Agreement. Contractor shall pay any required fees necessary to obtain and maintain in good standing during the entire term of this Agreement any such required MCP(s). Contractor's Name Agreement Number 75A0500 Page 3 of 3 EXHIBIT E Commercial Services–State
B. The MCP(s), if any, required for the Contractor's Motor Carriers of Property under CVC sections 34601 and 34620 shall be on file with the Contractor for the duration of this Agreement. Upon request of the Caltrans Contract Manager or his/her designee, the Contractor must immediately provide to Caltrans a copy of the required MCP(s), if any. 3. Prohibition of Delinquent Taxpayers Public Contract Code (PCC) Section 10295.4 prohibits the State from entering into an Agreement for goods or services with any taxpayer, whose name appears on either list maintained by the State Board of Equalization or the Franchise Tax Board pursuant to Revenue and Taxation Code sections 7063 and 19195, respectively, of the 500 largest tax delinquencies. PCC Section 10295.4 provides no exceptions to these prohibitions. 4. Iran Contracting Act The proposed Contractor must complete and submit to Caltrans the Iran Contracting Act Certification certifying that it is not on the most current Department of General Services (DGS) list to Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (http://www.documents.dgs.ca.gov/pd/poliproc/Iran%20Contracting%20Act%20List.pdf), before the contract has been executed, unless the Contractor is exempted from the certification requirement by Public Contract Code Section 2205 (c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203 (c) or (d) before execution of the contract. 5. Interfacing with Pedestrian and Vehicular Traffic Pursuant to the authority contained in Section 591 of the Vehicle Code, Caltrans has determined that within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. The Contractor shall take all necessary precautions for safe operations of the Contractor’s equipment and the protection of the public from injury and damage from such property.
Agreement Number 75A0500 ATTACHMENT A Page 1 of 42
California Department of Transportation Division of Rail Rail Equipment Branch
Railcar HVAC Carside Modifications
Appendix A STATEMENT OF WORK
Contract No. 75A0500
April 25, 2019 Revision 0.2
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California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
Table of Contents 1.0 General Requirements ...... 5 1.1 Overview ...... 5 1.2 Scope of Work ...... 5 1.3 Contract Deliverable Requirements List (CDRL) ...... 6 1.4 Interpretation of the Contract ...... 6 1.5 Caltrans Right to Additional Information ...... 7 1.6 Authority of Contract Manager ...... 7 1.7 Baseline Work ...... 7 1.8 Incidental Work ...... 7 1.9 Vehicle History Book Updates ...... 7 1.10 Shipping Plan ...... 8 1.11 Release of Railcar to Contractor ...... 8 1.12 Security ...... 8 1.13 Definitions ...... 9 1.14 Abbreviations ...... 15 1.15 Car Applicability ...... 16 1.16 General Technical Requirements ...... 16 1.17 Contractor Compliance with Specifications including FRA, APTA, Manuals ...... 17 1.18 Progress Meetings ...... 17 1.18.1 Acceptance ...... 18 1.19 Materials and Workmanship ...... 18 1.20 Original Equipment Manufacturer (OEM) Parts ...... 18 1.20.1 Materials Furnished by Others ...... 18 1.21 Contractor’s Inspections ...... 18 1.22 Notification of Inspections ...... 19 1.22.1 Caltrans Inspections...... 19 1.23 Discovery of Defective Work ...... 19 1.24 Hold Points ...... 19 1.25 Office Facility at Contractor’s Plant ...... 20 1.26 Access to Contractor’s Plant, Records, and Work Processes ...... 20 2.0 HVAC SYSTEM SCOPE OF WORK ...... 20 2.1 Overview ...... 20 2.1.1 Production Control Documentation ...... 20 2.2 Requirements ...... 21 2.2.1 Overview ...... 21 2.2.1.1 Temperature Control Panel ...... 21 2.2.1.2 Software...... 21 2.2.1.3 Sensors ...... 21 2.2.1.4 Diversion Dampers ...... 21 2.2.1.5 Return Air Ducting in Electrical Locker ...... 21 2.2.1.6 Condensate Drainage ...... 21
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California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500 2.2.1.7 Air Returns, Air Filters, and Noise ...... 21 2.2.1.8 TCU Connection to On-Car Digital Train Line ...... 22 2.2.1.9 Digital Acquisition System and Harness ...... 22 2.2.2 Portable Test Equipment Software ...... 22 3.0 Testing ...... 22 3.1 Master Test Plan ...... 22 3.2 Required Testing ...... 23 3.2.1 PTE ...... 23 3.2.2 Network connectivity ...... 23 3.2.3 Existing Systems Test ...... 23 3.2.4 Input/Output (I/O) Test ...... 23 3.2.5 Damper Operation ...... 23 3.2.6 System Functional Test ...... 23 4.0 Quality Assurance Program ...... 23 5.0 Monthly Progress Reports ...... 24 6.0 Project Schedules ...... 24 6.1 Project Schedule ...... 24 6.2 Comprehensive Car Production Schedule ...... 25 7.0 Special Provisions ...... 25 7.1 Project Document and Data Control Procedures ...... 25 7.2 Priority of Governing Documents ...... 25 7.3 Personnel ...... 25 7.4 Licenses, Certifications and Qualifications ...... 26 7.5 Process for Modification of Railcars ...... 26 7.6 Contractor Acceptance of Railcars at OMF ...... 26 7.7 Milestone Payments ...... 27 7.8 Liquidated Damages ...... 27 7.9 Contractor Completion and Release of Railcar ...... 28 7.10 Conditional Acceptance and Release for Shipment of Railcars ...... 28 7.11 Final Acceptance of Production Cars ...... 28 7.12 Design and Tooling Rights ...... 29 8.0 Warranty ...... 29 8.1 General Requirements...... 29 8.2 Warranty Plan ...... 30 8.3 Contractor’s Warranty Manager ...... 30 8.4 Commencement of Warranty ...... 30 8.5 Vehicle Access for Warranty Repairs and Field Modifications ...... 30 8.6 Extended Warranty ...... 30 8.7 Contractor Warranty Decal ...... 31 8.8 Notification of Warranty Claims ...... 31 8.9 Timeline for Repairs ...... 31 8.9.1 Access to Railcars for Field Work ...... 31
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California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500 8.10 Failure to Comply ...... 32 8.11 Disputed Warranty Claims ...... 32 8.12 Fleet-wide Failure Provisions ...... 32 8.13 Recurring Defect on an Individual Car ...... 33 8.14 Bill of Materials ...... 33 8.15 Cost Breakdown ...... 33 9.0 Forms ...... 33
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California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
1.0 General Requirements
1.1 Overview
The mission of the Caltrans Division of Rail and Mass Transportation (DRMT) is to provide and promote passenger rail services, improving and expanding rail services in California and integrating them into the overall transportation network. This project will improve rail passenger safety, service and comfort by modifying Heating, Ventilation and Air Conditioning systems (HVAC) on 27 bi-level railcars. The cars were built by Morrison Knudsen and their successors starting in 1994. The cars were designed for intercity rail service at operating speeds up to 125 mph, with a high priority on comfortable passenger amenities. The cars are based out of Oakland, CA and are currently used on the Capitol Corridor trains (Auburn-Sacramento-San Jose) and San Joaquin Corridor trains (Oakland-Bakersfield and Sacramento-Bakersfield). These cars operate seven days a week, 365 days a year, providing transportation service to millions of passengers annually. The cars are operated in push-pull service with propulsion provided by 3,000-hp diesel-electric locomotives. On-board 480VAC 60 Hz 3-phase, hotel power is provided by a separate Head End Power (HEP) generator located on the locomotive.
1.2 Scope of Work
The purpose of this contract is to make modifications to the Heating, Ventilating and Air Conditioning (HVAC) systems and related components. The railcars are numbered 8001-8032, 8201-8206, 8301-8314, and 8801-8814. Work will be completed as described in this Scope of Work. This contract does not include the overhaul of the HVAC Units. However, these new temperature controls and other elements in the Scope of Work will operate and interface with the HVAC Units. Amtrak will supply functioning HVAC Units for cars to be modified and will ship them to the contractor’s facility for installation into the rail cars. The modifications under this contract will include replacing electrical/mechanical system components to improve reliability, reduce maintenance, and extend the useful life of the HVAC systems on 27 cars in the fleet. This contract requires procurement and installation of all materials herein described. Substitute material may not be considered as this design has previously been approved and installed on 41 of the cars in the fleet. To maintain fleet consistency along with simplified maintenance and operation these remaining cars will receive the same modifications and materials. All work to be performed shall be in accordance with the procedures and standards set forth within this specification.
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California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
1.3 Contract Deliverable Requirements List (CDRL)
The following table lists documents and items to be provided to Caltrans during the contract period.
Table 1: Contract Deliverable Requirements List
No. to CDRL # Ref # Description When to Submit Submit Milestone 1 1.9 Vehicle history book updates Conditional Acceptance 27 E/G
2 1.10 Shipping Plan With Proposal 1 A
Prior to release for 3 1.16 Interior of the car cleaned 27 E/G shipment Production Control 4 2.1.1 Within 30 Days of NTP 1 A Documentation Conditional Acceptance 5 2.2.2 Functional Test Results of Each Car 27 C 6 3.1 Master Test Plan Within 30 Days of NTP 1 A Conditional Acceptance 7 3.1 Testing Reports 27 A of Each Car
8 4.0 QA Program Compliance The End of the Contract 1 E
9 5.0 Monthly Progress Reports 10th of the Month 36 D
Comprehensive Car 10 6.2 Within 30 Days of NTP 1 A Production Schedule
Conditional Conditional Acceptance 11 7.10 Acceptance/Release for 27 B of Each Car Shipment Form
Final Acceptance of Each 12 7.11 Final Acceptance Car 27 C Final Acceptance of the 13 7.12 Special Designs and Tooling Last Car 1 C
14 8.7 Warranty Decal Within 30 Days of NTP 1 A
Final Acceptance of the 15 8.14 Modified Bill of Material 1 C Last Car
Final Acceptance of the 16 8.15 Cost Breakdown 1 C Last Car
Note: Failure of Caltrans to include a deliverable in this table does not relieve the Contractor from the responsibility to provide all deliverables described in this Agreement.
1.4 Interpretation of the Contract
Should it appear that the Services to be performed, or any of the matters relative thereto, are not sufficiently detailed or explained in this Contract, the Contractor shall, before commencing that work, apply to the Caltrans Contract Manager for such further written explanations as may be necessary.
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1.5 Caltrans Right to Additional Information
The Contractor shall respond in writing, within 15 days of receipt, to all written questions and requests for information from the Caltrans Contract Manager regarding this Contract, the Contractor’s work, the materials, and carrying out the terms of this Contract. This right is in addition to any other rights to information and reports included in this Contract.
1.6 Authority of Contract Manager
The Contract Manager shall decide on behalf of Caltrans for all questions which may arise, regarding the quality or acceptability of the Services performed under this contract; all questions which may arise regarding the interpretation of this Contract; all questions that may arise regarding the acceptable fulfillment of this Contract on the part of the Contractor; and all questions which may arise regarding payment. As the designated representative of Caltrans, the Contract Manager has the authority to enforce and make effective such decisions and orders to enforce this contract. The Contract Manager may designate someone to act on his/her behalf as the Caltrans Project Manager, but all final decisions shall be determined by the Contract Manager.
1.7 Baseline Work
Baseline Work shall be performed on the cars as part of the modifications defined in this Specification. The term Baseline Work applies to all activities which must be performed on the cars in order to comply with the modifications and performance requirements of this Specification. The Contractor shall be responsible for performance of all Baseline Work. The components or systems shall be overhauled, modified, upgraded or replaced as described in this Scope of Work. The cost to overhaul, modify, upgrade or replace all components and systems identified shall be included as Baseline Work in the Contract cost.
1.8 Incidental Work
The Contractor may discover the need for Incidental Work or hidden repair of damage during the course of the modification that is critical to the completion of the Scope of Work and must be performed in the course of the equipment modification. Performance of Incidental Work must be preceded by a signed Task Order detailing the work, the costs and the timeline for completion of the work. Without a signed Task Order, Caltrans will not authorize incidental work or reimburse the Contractor for the additional work performed. A sample Task Order is included as Appendix 7. A total contingency budget of $360,000 has been established for Incidental Work and Spare Parts including materials and estimated 900 labor hours under this Agreement. Work that is not specifically mentioned in this Specification but is a part of any system identified to be modified and upgraded in this modification effort is not Incidental Work. Caltrans reserves the right to make the final determination and define the proposed work as Incidental Work or Baseline Work. Incidental Work will be billed at rates not to exceed the labor rates identified in the Contractor’s Bid Proposal, and the actual costs of materials.
1.9 Vehicle History Book Updates
The Contractor shall provide updates for all work related to this contract for insertion into the vehicle history book of each modified railcar. CDRL-1 These vehicle history book updates shall contain the following information: • The complete test history of each car, including all readings taken in testing procedures, final test reports and any required compliance certifications; • Quality control inspection results and actions taken, if any;
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California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
• Manufacturer, model, revision level and serial numbers of all serialized components replaced and/or installed as a result of the modification. This information shall be recorded for components removed as well as new components installed; • Photographs documenting all phases of the work on each car; and • Bill of Materials (BOM)
1.10 Shipping Plan
The Contractor shall provide a shipping plan that lists the details of the proposed shipping route, including methods and arrangements for shipping of railcars to and from Oakland, California to the Contractor’s facility. The Contractor shall have these arrangements planned and identified in the Technical Proposal, Attachment 2, to include the following components: • Submit railcar route(s) planned • Identify schedules for moves, including the number of hours/ days each way • Identify alternate routes, if applicable • Identify carriers – submit proposed Letters of Intent (Agreements in place with individual carriers). CDRL-2
1.11 Release of Railcar to Contractor
Upon the Contractor’s written request, Caltrans shall make available the railcars for pick-up by the Contractor at the Amtrak Oakland Maintenance Facility (OMF) in Oakland, CA for the purpose of this modification program; see the Release to Contractor Form, Appendix 1, attached. The Contractor shall make all arrangements for and pay the cost of shipping railcars between the Contractor’s work site and the OMF. The Contractor may request the release of additional railcars for modification when the modified railcars achieve Final Acceptance by Caltrans in Oakland, CA. Up to three railcars will be released to the Contractor in each shipment unless more are specifically approved in writing by Caltrans.
1.12 Security
The Contractor shall be solely responsible for the protection and security of each railcar during the time services are being performed and when the railcar is being shipped to, from, and while located at the Contractor’s site. The Contractor shall repair or replace, at the Contractor’s own expense, all railcars and/or materials that are damaged, destroyed or lost while in the possession of the Contractor or during shipping to or from the Contractor’s site.
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California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
1.13 Definitions
For the following terms, the intent and meaning shall be interpreted as follows: Add — The inclusion of a specific item in the car configuration, which is not currently installed. Amtrak — National Railroad Passenger Corporation Amtrak Warranty Claim Report (AWCR) –– The form used during this contract to record, track and resolve all warranty claims. Approval — Reviewed and accepted, in writing, by the Caltrans Contract Manager. Approved or Approved Type — Type, material, procedure, or method as approved by the Caltrans Contract Manager. Approved Equivalent –– An item, which is fully equivalent or superior in terms of form, fit, function, performance and properties, to the specified item and has been approved for use by Caltrans’ Contract Manager. Authorize — To give authority or power to proceed with work related to this contract. Baseline Design — The design of a modification of a railcar or any of its components, apparatus, systems, subsystems, or materials, which has received both drawing approval and first article approval by Caltrans. Baseline Work –– All activities, which shall be performed on the cars in order to comply with the requirements of this Specification. Bill of Materials –– A list of the raw materials, sub-assemblies, intermediate assemblies, sub- components, components, parts and the quantities of each needed to manufacture an end product, or to perform the work specified by the Contract. Business Days –– Monday through Friday, exclusive of state designated holidays or furlough days. Calendar Days – all days of the week, month and year including weekends and holidays. California Car — The 66 passenger railcars built for California by Morrison Knudsen with delivery beginning in 1994. A Bi-level car with 4 different configurations, including a, Coach Car, Food Service Car, Baggage Coach Car and Cab Car. The Cars have upper-level car-to-car pass through. Caltrans — The California Department of Transportation Comment –– Written critiques of the Contractor’s submittals to Caltrans. Commissioning –– Activities involved in delivering, adjusting, and testing the cars to demonstrate compliance with Specification requirements and prepare the cars for revenue service. Component — Self-contained, comprised of parts, devices and structure and performs a distinctive function necessary to the operation of a system or subsystem. Concept Drawings/Plans — An initial set of drawings showing the general car layout and arrangement provided by Caltrans in the Specification. Conditional Acceptance –– When Caltrans determines and notifies the Contractor, in writing, on a Conditional Acceptance form, that the railcar appears suitable for service even though it requires work to correct defects, exceptions and deficiencies to meet the Contract requirements. Contract –– The written agreement as executed between Caltrans and the Contractor setting forth the obligations of the Parties, including all authorized changes to this Contract issued subsequent to the execution of the Contract. Contract Deliverable Requirements List (CDRL) –– List of documents and other deliverable items that the Contractor is required to deliver to Caltrans. Contractor's Drawings –– Items such as general drawings, detail drawings, graphs, diagrams, sketches, calculations, and catalog cuts which are prepared by the Contractor to detail his/her work.
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Contractor –– The prime Contractor solely responsible to Caltrans for the construction, quality, and proper functioning of the modified car and all of its related components. Contract Manager –– Person designated by Caltrans to manage the Contract and be the single point of contact with the Contractor on issues related to this contract. Conversion –– To alter the physical or chemical nature or properties of especially in manufacturing. Days –– Days shall mean calendar days unless otherwise specified. Defect –– Any instance of non-conformance with a specification for material, appearance, finish, function, performance or manufacture. Delivery, Delivered –– The arrival of the completed railcar at Caltrans’ designated facility, ready for commissioning and acceptance testing. FAI — First Article Inspection. The inspection done to verify that equipment is built with an appropriate level of workmanship and compliance with specifications and drawings. Fail Safe — A characteristic of a system which insures that any malfunction affecting safety will cause the system to revert to a state that is known to be safe. To be considered "fail safe," the system shall also automatically furnish an approved indication in accordance with the Specification that a failure has occurred. Failure — Any malfunction that requires unscheduled equipment maintenance, repair or replacement in relation to Conditional, Final Acceptance, Warranty, or Fleet defects. Failure resulting from unrelated accidents, or caused by outside unrelated events such as collisions, vandalism or negligence on the part of outside parties will not be considered as failures. Any device, equipment, or annunciator of any type that indicates a false or erroneous signal, including incorrect diagnostic data, shall be considered a failure. Failure Mode and Effects Analysis (FMEA) — A procedure for analysis of potential failure modes within a system for the classification by severity or determination of the failure's effect upon the system. It is widely used in the manufacturing industries in various phases of the product life cycle. Failure causes are any errors or defects in process, design, or item especially ones that affect the customer, and can be potential or actual. Effects analysis refers to studying the consequences of those failures. Fault Tree Analysis (FTA) — A failure analysis in which an undesired state of a system is analyzed using boolean logic to combine a series of lower-level events. Field Modification Instructions (FMI) –– Instructions for applying and installing engineering solutions to resolve fleet defects and/or upgrade installations and/or systems to vehicles that have already been shipped from the factory. Final Acceptance –– Written notice, on a Final Acceptance form, by Caltrans acknowledging that the Contractor had fulfilled obligations under the Contract and that Caltrans has accepted the work as of the date in the notice. Final Acceptance is a condition precedent to a milestone payment. The warranty period shall commence at Final Acceptance. First Article Approval — The examination and approval by Caltrans of the pilot car(s) or an initial part, major assembly, subassembly, system, subsystem, apparatus, or material, manufactured or assembled by either the Contractor or Subcontractors. The first article approval establishes the baseline design and the minimum level of quality. Although the First Article Approval shall be a Caltrans option, the Contractor shall assume that Caltrans will subject all of the above to first article examination and approval. Fleet — All cars operated in State-supported Intercity service, including those cars furnished under the terms of this Contract Fleetwide Failure — When 10% of the equipment experiences the same type of failure. No time duration limits this measurement. Hold Points –– A defined step during construction processing is when work must stop momentarily so an authorized inspection can be conducted, and the work approved and released for further progress. Rev. 0.1 Page 10 of 42
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Incidental Work –– Any required work that is consistent with the technical Scope of Work described, but was not specifically identified, and must be completed in order to meet the performance requirements. Incidental Work can change the Project Schedule and/or the Contractor’s compensation. The Contractor must submit a written Task Order Request, which must be approved by Caltrans’ Contract Manager before incidental work can commence. Inspector –– The person or firm designated and authorized to perform quality control inspections. Interface — The points where two or more subsystems or systems meet to transfer energy or information. Maintainability –– A measure of a car's ability to be properly maintained taking into account the ease and frequency of maintenance tasks, ability to efficiently use applied labor, and accessibility of equipment to be maintained by Caltrans’ maintenance staff. Manufacturer — The builder or producer who supplied approved materials, equipment, or apparatus for installation on the car. Material –– An all-inclusive term used to denote raw materials, parts, components, assemblies, and equipment used in the finished product. Modify –– To change the design, placement, or other aspect(s) of an item to provide for a different form, fit or function or to resolve deficiencies or improve performance. Necessary, Needed, Required –– As in “as required” –– Items that fail to meet inspection or test requirements and have to be renewed or repaired. New –– Component purchased from the Original Equipment Manufacturer (OEM) or approved equal that have not been previously used. No Action — An item that requires no specific work as part of the modification. The removal, re- installation, or other manipulation of any such item may still be required to perform the other required work. Notice — A written announcement from Caltrans. Notice to Proceed (NTP) –– A written notice from Caltrans to the Contractor officially allowing work on the contract to begin. Oakland Maintenance Facility (OMF) –– The primary Northern California Caltrans facility used to support daily inspection and service, periodic and unscheduled maintenance and repair of Caltrans owned fleet. The Oakland Maintenance Facility (OMF) is located at 1303 Third Street, Oakland, California 94607. Open Item –– Contractual or inspection items not brought to resolution or closure and are documented as incomplete. Original Equipment Manufacturer (OEM) — The original manufacturer of a hardware subsystem, a product, or a component. Overhaul –– To disassemble, clean, inspect, repair, or replace components, and/or renew to bring the part back to OEM or better operating conditions per the Specification requirements. It is required that the reassembled equipment will achieve the same or better level of utility, service life, and function as "new" equipment. Pilot Cars — The first railcars modified and reconfigured by the Contractor to the baseline design configuration. The cars shall precede all others in all stages of work and shall be used as the prototypes for all remaining cars. Contractor’s Project Manager –– Person designated by Contractor to be its liaison with the Caltrans Contract Manager on all field, technical and production issues pertaining to the work. Caltrans’ Project Manager –– Person designated by Caltrans to be its liaison with the Contractor on all field, technical and production issues pertaining to the work.
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California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
Project Schedule –– The schedule prepared by the Contractor and accepted by Caltrans setting forth the logical sequence of activities required for the Contract’s orderly performance and completion of the work in accordance with the contract and specifically to meet the specified milestone dates. Proof (used as a suffix) — Apparatus as designated as splashproof, dustproof, when so constructed, protected, or treated that its successful operation is not interfered with when subjected to the specified material or condition. Proposal –– The offer to perform the work, submitted according to the format identified in the “Proposed Format and Instructions to Proposers” section in the RFP, including all prescribed Proposal forms. Proposer –– Any individual, partnership, corporation, or combination thereof submitting a Proposal for the work proposed, acting directly or through a duly authorized representative. Qualify –– The classification, based on evaluation of inspection or test results, of a previously applied part, component or system as fit for re-application and continued service until the next proven service interval for that part, component or system. Railroad — owner(s) of the operating railroad over which Caltrans’ trains operate, and/or the property and/or improvements used in connection with such operating railroads, as defined by 49CFR 217.3(a). Rebuilt –– Components that are disassembled, inspected and re-assembled using new or re- qualified sub-components. The rebuilt component shall meet all OEM specifications of a new component and be within OEM wear limit tolerances. Items specified to be rebuilt that are beyond the capability of being rebuilt shall be renewed. Release for Shipment –– A document issued by Caltrans when the Contractor has completed modification of a railcar and the parties mutually agree that the railcar is ready for shipment to Caltrans. The Contractor shall provide Caltrans ten days advance notice prior to a Release for Shipment. Reliability –– A term used to identify the failure rate of an item expressed as a percentage or in time of operating hours. The desired result is to have high reliability (100%) with a low failure rate (0%). Renew –– Replace existing part with a new part. Refer to definition of New. Repair –– Components that require repair because of specific damage. The repaired component shall meet all OEM specifications of a new component and be within OEM wear limit tolerances. Items specified for repairs that are beyond repair shall be renewed. Replace –– Components shall be replaced with a new OEM part, or a part rebuilt to OEM standards. Parts other than OEM may be used with Caltrans’ written approval and only if a delay in acquiring a particular OEM component shall substantially delay the completion of the project. Caltrans shall retain the right to have the Contractor provide copies of original invoices as proof of the purchase of the OEM part. Retrofit — To change the design or equipment to replace, and or other aspect(s) of an item to provide for a different form, fit or function or to overcome shortcoming(s). Rework –– To reprocess (as used material) for further use. Safe — The condition in which passengers, crew or repair teams are secure from threat or danger, harm, or loss arising from improper design, manufacture, assembly, malfunction, or failure of the car or any of its components or systems. Service, as in Service Use; (Also called "Revenue Service") — The operation of the cars under normal conditions with passengers.
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Agreement Number 75A0500 ATTACHMENT A Page 13 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
Service Proven Equipment — The historical success of equipment operating for a minimum of four million (4,000,000) fleet miles of scheduled revenue service under similar conditions on other rail passenger vehicles. "Service proven" status can also be illustrated from other industries if there is sufficient evidence of similar or worse operating conditions and demonstrated reliability in those environments. Industries such as aerospace and marine environments may be considered as similar suitable operating environments for the purpose of evaluating new systems and/or components. Services –– Work and incidental material specified in a contract such as inspection, nondestructive examination, calibration, testing, welding, analysis and other such services. Shipping/Shipped –– The physical movement of the car to and from the OMF to the Contractor's production facility or other designated destination. Subcontractor –– Provider to the Contractor of any services or materials for incorporation into the car design, car construction, spare parts, or other contract deliverable. The Contractor shall be solely responsible for the services or materials provided by the Subcontractor. The words “supplier," "manufacturer" and "vendor" have the same meaning. Substitute, Change, or Caltrans Approved Equal — those situations wherein the Contractor, if he desires to offer substitute items, parts, materials, or equipment in lieu of those designated herein, shall obtain approval in writing from Caltrans’ Contract Manager. The burden of proof that a substitute is, in fact equal, shall rest with the Contractor. Subsystem — A defined portion of a system, which is in turn composed of subsystems, component parts, or both. Supplier –– Any person, firm, partnership, corporation or other entity that provides materials, including those fabricated to a special design, but usually provides no labor other than delivery. Surfliner — The 22 passenger railcars built by Alstom Transportation for use in the Caltrans Fleet, with delivery beginning in 2001. A bi-level car with 3 different configurations that include a Cab Baggage Car, Trailer Coach Car, and a Cafe-Coach Car configuration. Surfliner Cars are not part of this Contract. System — A combination of hardware, people, and or software systems, in any combination which are integrated to perform a specific operational function(s). Systems Integrator — Individual or organization in the employment of the Contractor, who on behalf of the Contractor is responsible for coordinating all electrical and mechanical vehicle interfaces between subsystems, wayside, and shop facilities. Tamperproof –– Fasteners that cannot be easily loosened with common tools such as screwdrivers or pliers. Tare — Weights and measures term that refers to the weight of an empty container. The tare weight can be subtracted when a filled container is weighed to determine the weight of the contents alone. Task Order –– A written document signed by Caltrans and issued to the Contractor, which alters the scope of the work performed under the Contract, changes the Project Schedule for performance of the work, increases or decreases the project cost or Contractor’s compensation, or makes any other change to the Contract. Technical Project Manager — Person designated by the Caltrans Contract Manger to be its liaison with the Contractor on all technical matters pertaining to the work. The Technical Project Manager shall be empowered to act on behalf of Caltrans in such matters as approval of Contractor drawings, test procedures, first article approvals, and car acceptance. Technical Specifications –– That part of the Contract containing written directions and requirements for completing the work. Any standards cited or referenced in the Specification shall have the same effect as if physically included in the Contract in their entirety. Test, Acceptance — (Production test) — Quality assurance tests, conducted on every piece of equipment, which are used to ensure all equipment produced under this and the vehicle specification is built consistently and operates properly.
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Agreement Number 75A0500 ATTACHMENT A Page 14 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
Test, Commissioning — Conducted on the railroad where the equipment will operate is used to demonstrate that the cars perform properly in simulated revenue service, including operating all vehicle systems. Test, Proof of Design — Engineering tests which are used to ensure equipment meets the functional and performance requirements of this and the vehicle specifications. These are typically conducted only once in the program. Test, Qualification — Engineering tests that are used to ensure equipment meets specific performance requirements, such as fatigue, vibration and temperature tests. Test, Receiving — Inspection and test that ensures the component has not been damaged in shipment and is fit for revenue service. Test Plan — A document that defines the plan and schedule for conducting all the tests required on the HVAC system included in this Contract. Test Procedure — A step-by-step procedure that identifies the equipment and exact sequence of events used to ensure equipment functions properly. Tight (used as a suffix) — Apparatus is designed as watertight, dust-tight, when so constructed that the enclosing case will exclude the specified material. Time, Dead (also called Time, Reaction) — Time from the occurrence of a change in input signal until a change occurs at the output. Time, Down — The elapsed time during which equipment is not capable or available for revenue service or of doing useful work because of maladjustment, malfunction, failure, or maintenance in progress. Time, Response — Time from the occurrence of a step change of control signal to the attainment of 90-percent of the new steady-state value of the controlled variable. Time, Warm-up — The elapsed time from application of power to an operable device until it is capable of performing its intended function. Variance - A formal written request submitted to Caltrans by the Contractor that, upon Caltrans formal written approval grants the Contractor an exemption from a contract specification or provision. Vehicle History Book –– A document specific to an individual rail vehicle containing records of technical and parts data pertinent to that individual vehicle. Weatherproof — Able to withstand exposure to weather and all environmental conditions without damage or loss of function. Weight, Actual — The measured weight of a finished car, ready-to-run (measured wet). Weights, Assigned — The loaded car categories assigned by Caltrans as the basis for structural repair design and for subsystem and vehicle testing as indicated. Four weight categories are assigned: 1. AWO: Actual weight of empty car, ready for revenue service, but with neither crew nor passengers aboard. 2. AW1: Car with seated load is defined as all the passenger seats occupied plus one Operator. Seated Load is defined as all the passenger seats occupied plus one Operator. 3. AW2: Car with normal full load defined as seated load plus one standee per 3 square feet of clear floor space. Normal Full Load is defined as seated load plus one standee per 3 ft2 of clear floor space. 4. AW3: Car with crush load is defined as seated load plus one standee per 1.5 square feet of clear floor space. Crush Load is defined as seated load plus one standee per 1.5 ft2 of clear floor space. Each passenger or standee is assumed to weigh an average of 180 pounds. Weight, Dry — A completed railcar, equipped with all necessary components and parts for revenue service, however, fresh water and waste tanks are empty and no service items are on board.
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Agreement Number 75A0500 ATTACHMENT A Page 15 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
Work –– All the technical and professional services and responsibilities to be performed by the Contractor as specified, stated, indicated or implied in this Contract, including the furnishing and supervision of all personnel and the supply of all equipment, materials and supplies necessary or required to perform this Contract. Whenever in the specifications or on the plans the words "required," "determined," "directed," "specified," "authorized," "ordered," "given," "designated," "indicated," "considered necessary," "deemed necessary," "permitted," "reserved," "suspended," "established," "approval," "approved," "disapproved," "acceptable," "unacceptable," "suitable," "accepted," "satisfactory," "condemned," or words of like import are used, it shall be understood as if such words were followed by the words in writing, "by Caltrans,” "to Caltrans,” “Caltrans” unless otherwise specifically stated. Wherever the words "provided," "supplied," or "installed" are used in the specifications in reference to work to be performed by the Contractor, it shall be understood to mean "furnished and delivered completed and ready for revenue service."
1.14 Abbreviations
AAR Association of American Railroads ANSI American National Standard Institute AWCR Amtrak/Caltrans Warranty Claim Request AWS American Welding Society CA California CCJPA Capitol Corridor Joint Powers Authority CD Compact Disk CDRL Contract Deliverable Requirements List CFR Code of Federal Regulations CT Caltrans, California Department of Transportation, FMI Field Modification Instruction FRA Federal Railroad Administration (U.S. Department of Transportation) LAHT Low Alloy High Tensile LED Light Emitting Diode mph miles per hour MIL Military Specification MR Main Reservoir MV Magnet Valve MVR Magnet Valve Relay NBS National Bureau of Standards NDE Non-Destructive Examination NRPC National Railroad Passenger Corporation (a.k.a. Amtrak) NTP Notice-to-Proceed NTSB National Transportation Safety Board OEM Original Equipment Manufacturer OMF Oakland Maintenance Facility PTE Portable Test Equipment
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Agreement Number 75A0500 ATTACHMENT A Page 16 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500 psi pounds per square inch QA Quality Assurance QC Quality Control RFP Request for Proposal RH Relative Humidity S&I Service and Inspection SAE Society of Automotive Engineers TBD To Be Determined TOR Top of Rail TSA US Transportation Security UI Unit Interface U.S. United States UL Underwriters Laboratories, Inc. UMLER Universal Machine Language Equipment Register USDOT United States Department of Transportation USPHS U.S. Public Health Service of the U.S. Department of Health and Human Services USSC United States Steel Corporation UTR Unisex Toilet Room UV Ultraviolet VAC Volt Alternating Current WDPS Warranty Database and Performance System WMS Work Management System WPS Welding Procedure Specifications yr year
1.15 Car Applicability
This specification applies to the foll owing car types as follows:
Car Type Quantity Car Numbers Coach Cars 32 each CDTX 8001-8032 Baggage/Coach Cars 6 each CDTX 8201-8206 Cab Cars 14 each CDTX 8301-8314 Food Service Cars 14 each CDTX 8801-8814
1.16 General Technical Requirements
Services shall include, but are not limited to, the disassembly, cleaning, inspecting, rebuilding, modifying, replacing, reassembly, testing and certification of all components as specified herein for each passenger railcar modified. Replacement components shall be installed to survive the railroad environment with its associated noise, vibration, dust, climate extremes and duty cycles. No Work on the carbody to perform this modification, install new components or add supports and brackets shall decrease the as-built strength of the car structure, the carbody water -tightness or fire resistance. Any unused penetrations through the car or car floor shall be duly closed off,
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Agreement Number 75A0500 ATTACHMENT A Page 17 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500 protected against corrosion and the water tightness/fire resistance/ insulation restored to all applicable standards. The Contractor shall remove all sharp edges or corners that result from the Work of this Contract. All unused brackets and supports shall be removed where possible. This Scope of Work provides a description of the new HVAC System to be installed on these 27 cars and as is expected to be equipped and function as the existing 41 cars previously modified. The Contractor shall insure that all modifications and replacements made to the cars shall not deviate from the design of the HVAC System or otherwise alter the car’s compliance with the requirements. At the conclusion of modification Work on the car, but prior to release for shipment to the Oakland Maintenance Facility (OMF), the interior of the car shall be thoroughly cleaned. CDRL-3
1.17 Contractor Compliance with Specifications including FRA, APTA, Manuals
The Work of this Contract shall be performed in accordance with the procedures and standards set forth within this Scope of Work. All Work and testing performed on the passenger railcar shall comply with the passenger railcar maintenance instructions relative to components, assemblies and systems being replaced, rebuilt or renewed, as well as comply with all specifications, recommendations and procedures described in the following manuals (as issued and with all subsequent revisions): • California Car Operating Manual (Cab and Trailer Cars), November 1997 • California Car Running Maintenance Manual, Vols. I and II, November 1997 • California Car Heavy Maintenance Manual, Vols. I and II, November 1997 • California Car Parts Manual, Vols. I, II, III and IV, November 1997 • Code of Federal Regulations (CFR) Title 49 Parts 210-239 • APTA Manual of Standards & Recommended Practices for Rail Passenger Equipment • Americans with Disabilities Act (ADA) Copies of the latest revised California Car manuals listed above will be loaned to the Contractor, to be returned at the conclusion of the Contract. The completed modification of the passenger railcars, equipment and materials provided by the Contractor shall comply specifically with the requirements and applicable recommendations of the Association of American Railroads (AAR), the American Public Transit Association (APTA), the National Transportation Safety Board (NTSB), the Federal Railroad Administration (FRA), Americans with Disabilities Act (ADA) and all applicable state and local codes in effect at the time of submittal of the proposal by the Contractor. All Work performed on the passenger railcars shall comply with all industry standards relating to the repair, rebuild, modification and inspection of passenger railcars.
1.18 Progress Meetings
The Contractor shall organize and hold on-site progress meetings every two weeks with the Caltrans representative(s) for the duration of the Contract, to report progress and address issues of concern. The Caltrans Contract Manager and the Contractor’s Project Manager will participate in progress meetings every two weeks in person or via conference call. The Contractor shall prepare agenda and distribute minutes of meetings to Caltrans for review. Caltrans may add agenda items to the scope of the progress meetings. If Caltrans determines that project meetings need to occur more frequently than every two weeks, the meetings will occur on a weekly basis. Caltrans retains the right to call additional project progress meetings or technical meetings with the Contractor as needed. The Contractor shall support all meetings with appropriate agendas, staff and documentation. The Contractor shall insure that persons knowledgeable in the topics to be discussed, including appropriate subcontractors and suppliers, are present as required at these meetings.
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Agreement Number 75A0500 ATTACHMENT A Page 18 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
1.18.1 Acceptance All deliverables shall not be considered accepted until the Contractor receives final written approval from Caltrans. Until final acceptance, any acceptance or approval means approval to proceed, but it does not mean acceptance or approval of a deliverable and it does not reduce or eliminate any of Contractor’s duties or responsibilities under this Agreement.
1.19 Materials and Workmanship
The contractor shall modify the systems and components of the railcars to the detail/ performance requirements described in this Scope of Work. All parts used shall be as identified in this Scope of Work. All part substitutions and/ or deletions shall be approved by Caltrans Contract Manager in writing prior to use in the car. All work on the cars shall comply with all specifications, recommendations, and procedures as described in Running & Heavy Maintenance Repair Manuals on chapters pertaining to HVAC maintenance and repair. All work performed on the cars shall comply with the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) standards and practices.
1.20 Original Equipment Manufacturer (OEM) Parts
Only original equipment manufacturer (OEM) parts may be used in the modification of these cars unless specifically allowed in this Scope of Work or approved by Caltrans in writing. In cases where a Caltrans-approved modification has been approved and installed, that modification shall supersede OEM parts and design and shall be noted in all manuals as applicable. Only new parts are to be used in modifying the cars unless the use of an equivalent new part or rebuilt part is specifically authorized elsewhere in this contract or is agreed to in writing by the Caltrans Contract Manager.
1.20.1 Materials Furnished by Others No material shall be provided to the Contractor from Amtrak stores or inventory without the express prior written consent of the Caltrans Contract Manager. Should Caltrans authorize such material provision, the cost of the material, as determined by Caltrans, shall be deducted from the Contract via a credit to the contract.
1.21 Contractor’s Inspections
Inspection of all new and modified components used during the modification shall be the responsibility of the Contractor and shall be performed at the plant of the supplier, giving the supplier every opportunity to correct, under factory conditions, any inadequacies found. Further inspections shall be performed by the Contractor at the Contractor’s facility to determine and document any damage that occurred in transit, plus any unforeseen failure of the equipment that may become apparent during inspection. Caltrans may also make inspections of any item with, or in addition to, the inspections made by the Contractor or supplier. Caltrans inspections will in no way negate or lessen the Contractor’s responsibility to make proper inspections of Work. The Contractor is solely responsible for ensuring that its suppliers provide the necessary components and supply all necessary inspections, written reports, documentation of modifications and corrections to drawings and other documents. The Contractor shall furnish every reasonable facility, lighting, calibrated measuring equipment and other provisions as required to enable Caltrans representative to ascertain that materials and workmanship are in accordance with the requirements and intent of this Contract. The Contractor shall ensure the cooperation and assistance of all Contractor and subcontractor staff. Caltrans reserves the right, but assumes no obligation, to conduct oversight inspection of materials at the source of supply. Responsibility for incorporation of satisfactory materials shall rest entirely with the Contractor.
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Agreement Number 75A0500 ATTACHMENT A Page 19 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
1.22 Notification of Inspections
The Contractor shall notify Caltrans in writing no less than one calendar day in advance of all inspections. Inspections to be made by Caltrans will be performed in a timely fashion following the Contractor’s written notice that the Work is ready for inspection and will not unduly delay the Work.
1.22.1 Caltrans Inspections Caltrans has the right to witness testing and inspection of the passenger railcar and all components as the railcar progresses through the modification process. One or more inspector(s) shall be provided by Caltrans at the Contractor's plant from the beginning of any substantive modification work on the first pilot car until the last modified car is shipped. The Inspector(s) are responsible for onsite verification of Work done on the cars by the Contractor, for verification of testing and performance of hold point inspections. It is emphasized that the Contractor is responsible for all inspections, quality control and performance required by this Scope of Work. Caltrans inspectors will be authorized by the Caltrans Contract Manager to inspect Work in- progress and associated inspection and test documentation at the Contractor’s facility or facilities. These inspectors must be given access to all areas where Work pertaining to this Contract is taking place at any time. Travel costs for Caltrans staff required for inspections, supplier and materials testing, facility inspections, project oversight, meetings, pre-and post-shipping inspections and other trips deemed necessary is provided by Caltrans. All inspection forms, check off lists and other production documents shall be supplied by the Contractor, approved in writing by the Caltrans Contract Manager and be incorporated as a part of the Quality Assurance Program, see Section 4.0.
1.23 Discovery of Defective Work
If Caltrans finds that defective Work, as determined by the Caltrans Contract Manager, has been permitted by the Contractor or the Contractor’s subcontractors, or that defective material have been used, the Contractor or its subcontractors, at the Caltrans Contract Manager’s request, shall furnish the appliances, tools and labor to make examination, test and inspection of this work. If any damage, defect, error, or inaccuracy is found in any material, items, documentation or parts of the Work, the Caltrans Contract Manager has the right either to reject or to require correction, which correction or replacement shall be done by the Contractor and for which no separate or additional payment will be made. All costs including but not limited to shipping, replacement car cost, parts, labor and materials involved in repairing, correcting or replacing damaged or defective work or materials shall be the sole responsibility of the Contractor. If investigation discloses no defect as determined by the Caltrans Contract Manager, the actual direct cost of such investigation, including any additional cost incurred by Contractor as a result thereof, will be borne by Caltrans, and an extension of time to the work schedule will be granted where appropriate.
1.24 Hold Points
The Caltrans Contract Manager has the authority to establish any necessary production hold points to confirm the Work is consistent with this Scope of Work, see the Hold Point Acceptance Inspection Form, Appendix 2.
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Agreement Number 75A0500 ATTACHMENT A Page 20 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
1.25 Office Facility at Contractor’s Plant
The Contractor shall provide a private lockable furnished office in a location convenient to manufacturing activities, for use by Caltrans personnel, along with two designated parking spots. The office shall be at least 200 ft2, with two desks with chairs, access to a conference table with seating and chairs for eight people, two three-drawer file cabinets, access to a copy machine and printer. Either two wired Ethernet connections or a wireless Ethernet connection shall also be provided for access to the Internet, outside Contractor’s firewall to enable all Caltrans personnel to access a network via Virtual Private Network (VPN).
1.26 Access to Contractor’s Plant, Records, and Work Processes
Caltrans reserves the right to access to the Contractor’s facility and records for work related to this project at any time to review the Contractor’s rebuilding process, inspection criteria, and modification work. Access shall be provided during normal work hours and shifts worked. Caltrans personnel will wear the appropriate safety equipment, attend Contractor safety courses and abide by safety instructions as required by the Contractor.
2.0 HVAC SYSTEM SCOPE OF WORK
2.1 Overview
Each railcar in the fleet is equipped with two self-contained modular HVAC units, one located in each equipment room at either end of the car. The HVAC units are removable with a forklift from the outside. The railcars are configured as follows: The temperature control panel is located in an electric locker on the B-end of the car. It contains the temperature control components for controlling the HVAC systems mode of operation. These components consist of the Temperature Control Unit (TCU), HVAC switches, circuit breakers, contactors, fuses, and relays. There are temperature sensors located throughout the car, return air ducting, and the four diversion dampers which proportion the supply air to the upper and lower levels of the car. Digital Acquisition System units for each R410a HVAC unit are required for diagnostics and control. Air duct modifications and additions are necessary for the overall noise and air balance of the system. New temperature, humidity and CO2 sensors are part of the overall design to maintain consistent temperature throughout the cars.
2.1.1 Production Control Documentation Within 30 days of the Notice to Proceed, and prior to receiving a railcar for modification, the Contractor shall provide for Caltrans review and approval Milestone A deliverables, including but not limited to: 1. Pre-testing and compliance criteria procedure 2. Strip down procedure 3. Modification procedure 4. Sample worksheets or checklists 5. Quality control plan CDRL-4 All work commencing with the Notice to Proceed shall be documented on Contractor provided, Caltrans-approved worksheets or checklists. Each worksheet or check list shall be signed by the Contractor’s Specialist performing the modification work, and that employee's supervisor, certifying all work has been completed and meets all workmanship, quality and performance standards. Copies of the completed worksheets and/or checklists must be submitted to Caltrans at the completion of each modified Car, together with the Contractors' invoices for payment.
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Agreement Number 75A0500 ATTACHMENT A Page 21 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
2.2 Requirements
2.2.1 Overview Prior to proceeding with any Work modifying each cars HVAC system and systems associated with the HVAC system, the Contractor shall perform a thorough inspection of the HVAC System on each car to identify any unforeseen work. A complete Bill of Material is supplied with part drawings and electrical schematics for the new HVAC system.
2.2.1.1 Temperature Control Panel The Contractor shall provide and install a new Temperature Control Unit (TCU) built by Rolen Technologies specifically for Caltrans Cal1 railcar Part #F.30.000012. The existing fuse panel for the floor heaters on the car will be reused and must be installed in the new TCU. The TCU has a Human Machine Interface with USB port Part #C.30.0001.01. The new TCU will be located in the electrical locker and within the existing rack. This new TCU replaces the exiting controller. All existing systems connected to the existing temperature control system shall be made to function with the new TCU – layover heat and equipment room heat. The removal of the existing controller and installation of the new TCU requires significant changes to the existing wiring. Specific parts have been designed to accommodate this and are listed in the attached drawings.
2.2.1.2 Software The latest version of the TCU software and HMI software will be provided by Caltrans and the Contractor shall ensure this software is installed and tested.
2.2.1.3 Sensors There are three new temperature/CO2 sensors located in the car – one on the lower level and two on the upper level at either end of the car. These sensors are manufactured by Rolen Technologies and the kit part number is F.30.000026. These shall be installed along with the necessary wiring in the same place as noted on the attached drawings.
2.2.1.4 Diversion Dampers Contractor will replace the four existing air actuated diversion dampers within the supply air ducting with four new electromechanical dampers along with all new power and control wiring. All wiring will be connected to the new TCU installed. These diversion dampers are manufactured by Rolen Technologies with part number F.93.000054. Additionally, the Contractor shall properly seal and terminate the unused airline left as a result of removing the air operated dampers.
2.2.1.5 Return Air Ducting in Electrical Locker The Contractor shall install new return air ducting in the electrical locker through the electrical locker door to reinstate airflow on the lower B end of the car Part number.F.93.000057. This will require the existing fan mounted on the upper portion of the electrical locker door to be located to the lower portion of the same door.
2.2.1.6 Condensate Drainage A new kazoo type drain shall be installed on the condensate drain for each HVAC unit.
2.2.1.7 Air Returns, Air Filters, and Noise All air returns shall be thoroughly cleaned, and all air filters shall be replaced with new filters. Air returns at the lower level A end shall be fitted with new baffles. The turning vanes in the supply air ducts at the upper level at the top of the stairs on the A end and B end require modifications and sound dampening insulation installed. Adjust the linear diffusers at the supply ducts to provide a balanced air flow. See attached drawings.
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Agreement Number 75A0500 ATTACHMENT A Page 22 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
2.2.1.8 TCU Connection to On-Car Digital Train Line Currently, the cars can be accessed remotely with a computer using the WiFi system. This is done with a web-based utility. To facilitate access to the new temperature controller remotely, the contractor shall install CAT7 Ethernet cable from the temperature control unit to the DTL switch port 5 on the upper level next to the B end door.
2.2.1.9 Digital Acquisition System and Harness Each supplied overhauled R410a HVAC unit will require a Digital Acquisition System (DAS) unit to be procured and installed. These DAS units are manufactured specifically for the Caltrans Cal1 car HVAC units by Rolen Technologies. Part Number F.30.000037. Each DAS unit will require a connection harness for connecting the DAS unit to HVAC unit. These are part number DTR0000436655.
2.2.2 Portable Test Equipment Software Caltrans shall provide The Contractor with Portable Test Equipment (PTE) software for the testing of the newly install components. The Contractor shall verify performance of the new control system and verify the car modifications on each car. A test plan (see CDRL-6 for test plan) and test procedure(s) shall be submitted to Caltrans for review and approval prior to any testing. Every completed car shall be functionally tested prior to conditional acceptance. CDRL-5 The Contractor shall update the Vehicle History Book covering the new control system and car modifications, see Section 1.9. CDRL-1
3.0 Testing
3.1 Master Test Plan
The master test plan shall include all complete test procedures as required for the modified passenger railcars and shall be submitted by the Contractor for Caltrans approval. CDRL-6 The test procedures shall contain the following items as a minimum: • Procedure number (linked to test plan) • Title of procedure • Passenger railcar name and number • Date test is performed • Tests to be completed before starting • Instrumentation required • Method of testing • Specific test procedure to be performed • Criteria for pass/ fail • Check off list with values, tolerances and requirements. All measurements are to be recorded. • Location for a sign-off signature and date tested by Contractor’s test personnel and Department representative Testing of the passenger railcars shall be documented and certified on reporting forms developed by the Contractor and submitted to the Caltrans Contract Manager for approval. CDRL-7 Caltrans shall retain the right to request changes, deletions and additions to all test procedures, if system performance does not meet Contract requirements.
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Agreement Number 75A0500 ATTACHMENT A Page 23 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
3.2 Required Testing
Documentation of compliance shall be provided by the Contractor as submitted in vehicle history book update. The following tests are the minimum required for certifying the compliant operation of the car and its designated subsystems. The Contractor shall submit for Caltrans approval test procedures to qualify and certify that each car has been modified and rebuilt according to the specifications set forth in this Contract. The Contractor must certify the completed HVAC modifications pass all tests described in the Contractor provided test procedures. The suite of test procedures shall include, but are not limited to, testing and certifying the following items:
3.2.1 PTE PTE operation and diagnostic testing and the UI shall be tested and verified.
3.2.2 Network connectivity Network connectivity shall be tested and verified. The Contractor shall have at its disposal all necessary HVAC test equipment to verify proper operation after car overhaul. Complete operational tests will include but are not limited to; verifying proper HVAC system operation, verifying correct connections, checking air ducting for correct seal.
3.2.3 Existing Systems Test The existing systems related to temperature control within the car shall be tested to ensure they are still functioning as originally designed. This includes but is not limited to: the door threshold heaters, equipment room heaters and layover heat.
3.2.4 Input/Output (I/O) Test Test the functionality of digital and analog I/O’s on the TCU including the spares.
3.2.5 Damper Operation Test the operation of the dampers showing that they can be operated over their entire range of motion.
3.2.6 System Functional Test Perform a simulated system functional test that includes all modes of HVAC operation.
4.0 Quality Assurance Program The Contractor shall establish, maintain and enforce a Quality Assurance (QA) Program. The QA Program must describe the methods and means of communication to be employed to monitor and control the project schedule, technical performance, program and design changes, subcontracts, material procurement, production, testing and acceptance. The QA Program shall apply to all activities related to the design, rebuild, repair, modification, and testing of the passenger railcar, including a sequential work plan with inspection hold points. The Contractor shall require that each subcontractor establish and maintain a QA Program acceptable to the Contractor and Caltrans for the services and items it supplies. The Contractor is responsible for all subcontractor and supplier quality and performance. The Contractor shall survey/ audit/ review each subcontractor and their facilities to assure adequate capabilities to perform subcontracted efforts in compliance with the Contractor’s QA Program.
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The QA Program shall describe the methods by which the Contractor will assure compliance to the modification specifications. The Contractor shall submit a QA Program to Caltrans in the Contractor’s Technical Proposal, Attachment 2. The Contractor shall maintain adequate records of compliance with the QA Program for the life of the Contract and while subsequent warranties are in force. These records shall be made available to the Caltrans representative on demand, and a complete set of records shall be submitted to Caltrans at the end of the warranty period. CDRL-8 Caltrans reserves the right to review subcontractors at their facilities to ensure compliance. Caltrans reserves the right to reject subcontractors who do not meet QA standards and reserves the right to approve substitute subcontractors. Quality assurance personnel are not to be in the chain of command of the project manager.
5.0 Monthly Progress Reports The Contractor shall submit a project progress report to Caltrans each month. The report shall be submitted no later than ten days after the end of the reported month. Reports shall be based upon actual progress of the work and shall include as a minimum the following: CDRL-9 • Summary of work accomplished during the month including relevant Subcontractor and Supplier progress • Summary of upcoming activities • An updated Production Schedule with identification of any deviations from the Production Schedule with explanations and plans for correction • Updated detailed Design Review Schedule including CDRL submittals status • Dates and locations of Program Review and Design Review meetings • Design Review meeting minutes • Updated Design Review Action Item Log • Updated Log for Incidental Work, Task Orders, Waivers and/or Variances issued by Caltrans (if any) • Updated Engineering Change Request Status Report • Updated railcar production and quality control Open Item log • Field Modification Instructions (FMI) Log • Invoice log
6.0 Project Schedules
6.1 Project Schedule Contractor shall submit a Project Schedule within Contractor’s Invitation for Bid (IFB) package to include all critical paths indicated; showing all major work tasks, including subcontractor contributions. The contractor will include an adequate production contingency their proposed project schedule. At a minimum, it shall contain all Project Milestones and detail all key activities of engineering design, materials procurement, manufacturing, vehicle assembly, equipment and vehicle testing, vehicle delivery, and vehicle acceptance into revenue service. The bid shall include a full project schedule of no more than forty-eight (48) months, including a car production/delivery schedule of no more than thirty-six (36) months. The contractor has thirty-six (36) months to complete all work on cars and delivery of cars from the date of the Notice to Proceed. The thirty-six (36) month work window shall include: Notice to Proceed, Kickoff meeting, Progress Meetings, Production, Testing and Delivery of and Final
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Acceptance of all cars in Oakland, California. Failure to meet this timeline will result in liquidated damages. The (36) thirty-six month period does not include the full warranty period for all cars. The full project schedule should reflect a four-year contract: thirty-six (36) months for car overhaul, plus a minimum warranty period of one (1) year for each car delivered. At the end of thirty-six (36) months, all work including project close-out shall be complete. Work performed after thirty-six (36) months is not allowed. If additional work is necessary, the work will only be allowed by mutually accepted task orders approved by and agreed to by Caltrans within the 36 months Car Production/ Delivery schedule.
6.2 Comprehensive Car Production Schedule The Contractor shall develop a comprehensive project schedule which will be approved by Caltrans. The Contractor shall maintain the schedule provided and ensure that work on each railcar is completed within the prescribed time frame. The schedule shall include time for shipping, production, inspections, conditional acceptance, testing, final acceptance and warranty and must allow time for Caltrans inspections allowed in this Contract. Modifications of the schedule may only be made with prior written approval by the Contract Manager with no need for a contract amendment. CDRL-10
7.0 Special Provisions
7.1 Project Document and Data Control Procedures
The Contractor shall establish and maintain procedures to control all documents and data related to this Contract in order to monitor revision status and tracking of changes. The Contractor shall also be responsible for all documents and data generated by suppliers and subcontractors related to this Contract. There shall be procedures by which the documents and data will be reviewed and approved. A document control list shall be maintained providing current status of design documents and drawings. All revisions or changes to documents and data shall be reviewed and approved by the Contract Manager or designee.
7.2 Priority of Governing Documents
If a conflict is discovered among any of the referenced governing documents, the following order of priority shall govern: 1. Federal Regulations 2. Laws of the State of California 3. This Contract and Scope of Work 4. Supporting technical documents and drawings 5. Recommendations of APTA/ AAR
7.3 Personnel
All work performed on the passenger railcars shall be performed by personnel trained in passenger railcar HVAC, rebuild, maintenance, and inspection procedures and practices. All contractor personnel engaged in performing this Contract shall be fully qualified for the work in which they are engaged. Such personnel shall not be employees of Caltrans, the State of California, the Federal Government or other public agency. • Contractor personnel shall be assigned to work on this Contract for its duration, so long as they continue to be employed by the Contractor, unless removed from work on the Contract by the Contractor with the approval of Caltrans. All personnel related changes (i.e. change in Project Manager) should be requested (in writing) and sent approved by the Caltrans Contract Manager/assigned designee. Changes to personnel cannot be processed without
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approval from Caltrans Contract manger/ assigned designee. In addition, the Contractor shall remove from the Contract any of the Contractor’s, Subcontractor’s or Supplier’s personnel, if Caltrans considers such removal necessary in its best interests and requests such removal in writing.
7.4 Licenses, Certifications and Qualifications
All personnel providing services under this Agreement shall be certified by the Contractor to appropriate recognized standards. In particular, welders shall be certified to the American Welding Society (AWS) standards for the specific welds they are performing, and Non-Destructive Examination (NDE) staff shall have the appropriate AWS certifications. HVAC qualification such as “Air Conditioning/Refrigeration Mechanic” or “Facilities Control Specialist” shall meet the International Standards Organization (ISO) standards. The Project Manager shall have five (5) years of experience working with commuter or rail equipment.
7.5 Process for Modification of Railcars
The Contractor shall modify each railcar in accordance with the approved Comprehensive Car Production Schedule, Section 6.3. The modification cycle for each railcar shall include: • Pre-shipping inspection to verify and certify condition of equipment, recorded on the “Release to Contractor” inspection form • Accepting the railcar at Amtrak’s Oakland Maintenance Facility (OMF) in Oakland, California, for shipment to the Contractor’s facility • Shipping railcar to Contractor’s repair facility • Disassembly • Cleaning • All systems repaired, replaced, and modified as specified • Reassembly • Testing • Verification of modification by Caltrans • Conditional Acceptance and Release for Shipment • Shipping from Contractor’s facility to the OMF • Post-shipment inspection, and functional testing based on a jointly developed test plan at the OMF • Final Acceptance by Caltrans at the OMF • Warranty Period • End of Warranty
7.6 Contractor Acceptance of Railcars at OMF
During the duration of the contract, the Contractor shall have a period of three (3) working days after notification by Caltrans to accept a railcar for pre-shipping inspection and transport to the Contractor’s work site. The formal date of Contractor acceptance of the railcar is the date when the vehicle is released by Caltrans and accepted by the Contractor, or the third day after notification to the Contractor that the railcar is available at the OMF, whichever comes first.
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7.7 Milestone Payments
In addition to the requirements of the payment provisions as defined in the Standard Agreement, progress payments shall be made at the milestones shown in the following chart. Milestone payments shall be based on a fixed percentage of the Total Bid Price. When submitting an invoice, the Contractor must include documentation verifying successful achievement of all required milestones, CDRLS and/or acceptance documents. Milestone A The percent identified in the Milestone Payment Table of the Total Bid Price payable following approval of all Milestone A CDRLs. The Milestone A payment has a value of 5 percent of the Total Bid Price. Milestone B The percent identified in the Milestone Payment Table of the Total Bid Price payable following approval of and all Milestone B CDRLs. The Milestone B payment has a value of 42.5 percent of the Total Bid Price. Milestone C The percent identified in the Milestone Payment Table of the Total Bid Price payable following approval of and all Milestone C CDRLs. The Milestone C payment has a value of 42.5 percent of the Total Bid Price. Milestone D The percentage identified in the Milestone Payment Table of the Total Bid Price payable following Final Acceptable of all 27 railcars, and completion and approval of all Milestone D CDRLS. The Milestone D payment has a value of 5 percent of the Total Bid Price. Milestone E The Milestone E payment will be up to 5 percent of the Total Bid Price, and represents the release of the available retained funds. The Milestone E payment can be made after successful close-out of all contract deliverables, including the successful conclusion of warranty on all 27 railcars. Table 1: Milestone Payment Table
Percent of Number of Milestone Description Total Bid Payments Price Approved Master Production Schedule and approval of all A 1 5% Milestone A CDRLs.
Conditional Acceptance of each production railcar and 27 @ 1.57% B 42.5% approval of all Milestone B CDRLs each
Final Acceptance of each production railcar and approval of 27 @ 1.57% C 42.5% all Milestone C CDRLs each Production closeout, at completion and approval of all D Milestone D CDRLs and following Final Acceptance of all 27 1 5% cars.
At project close-out, at successful completion of warranty 5% E 1 period on all cars and approval of all Milestone E CDRLs. (Retention)
7.8 Liquidated Damages
The Contractor agrees that the failure to complete delivery of the railcars according to the requirements of the Contract and in accordance with the Master Schedule will result in substantial damage to Caltrans. The parties agree and acknowledge that such damage, while actual, will be difficult to fully measure and determine. Notwithstanding the foregoing, the Contractor agrees that Caltrans can, in its sole discretion, assess liquidated damages for each day of delay and for each railcar as follows: Caltrans will assess liquidated damages at $500.00 per day for (a) failure of the Contractor to deliver completed railcars as agreed and in accordance with the approved Master Schedule, and (b) failure of the Contractor to respond to a notice of warranty failure within the time periods specified in the warranty, and (c) failure of the Contractor to achieve Final Acceptance within the prescribed schedule. Liquidated damages shall be assessed as a
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California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500 withholding or deduction from a future Contractor invoice. Liquidated damages will be assessed continuously until the railcar has achieved the required milestone. The Contractor and Caltrans shall meet monthly to review the Master Schedule and Monthly Production Progress Schedule to determine the likelihood of Caltrans assessing liquidated damages. Caltrans may, at the sole discretion of the Caltrans Contract Manager, assess or waive the liquidated damage assessment, either in whole or in part. Any waiver of liquidated damages shall not constitute a continuous waiver of liquidated damages in connection with any future assessment of liquidated damages. Liquidated damages shall not exceed 10% of the total contract price.
7.9 Contractor Completion and Release of Railcar
The Contractor shall notify Caltrans at least three days prior to the “Conditional Acceptance and Release for Shipment” inspection when the work on a railcar is completed and the railcar is ready for shipment to the OMF. Caltrans shall provide to the Contractor a list of Caltrans staff to whom notifications shall be sent.
7.10 Conditional Acceptance and Release for Shipment of Railcars
Conditions for the Conditional Acceptance Release for Shipment of a modified railcar and release from the Contractor’s facility shall be as follows: All modifications have been satisfactorily completed in accordance with the technical specification. All in-plant testing and inspections have been successfully completed and documented, verifying that all modified systems have been tested by the Contractor and acknowledged in writing by Caltrans. All systems operate as specified and have been verified in a joint inspection, documented on a Conditional Acceptance checklist jointly developed and signed by Caltrans and the Contractor. The Vehicle History Book has been brought up-to-date and is available for review. The Contractor has provided documentation indicating that all applicable task orders, open items, modifications, and other required work items are completed and are signed off by Caltrans and closed. The Contractor and Caltrans have signed the jointly developed Conditional Acceptance/Release for Shipment Form with the agreed Open Items list attached. CDRL-11 The Conditional Acceptance/Release for Shipment Form is signed by both the Contractor’s representative and Caltrans representative. The Conditional Acceptance/Release Form must be submitted with the payment invoice to receive the Milestone payment, see Appendix 4 attached.
7.11 Final Acceptance of Production Cars
Once a railcar is returned to Oakland after Conditional Acceptance, the parties shall jointly conduct an inspection and functional test to make sure no damage occurred while in transit. The railcar shall receive Final Acceptance upon the completion and verification of the following: • The parties jointly verify completion and operation of all items documented on a final acceptance checklist jointly developed and signed by Caltrans and the Contractor • All shipping damage is identified and repaired • The Vehicle History Book has been finalized, submitted and approved • The Contractor has provided to Caltrans, when presenting the railcar for Final Acceptance, documentation indicating that all task orders, open items, task orders, Amtrak Warranty Claim Request (AWCR)s, field modifications and other items are completed, and are signed off and closed
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• The Final Acceptance Form is signed by both the Contractor’s representative and Caltrans representative. The Final Acceptance Form must be submitted with the payment invoice to receive the Milestone payment for the railcar, see Appendix 5. • All deliverables shall not be considered accepted until the Contractor receives final written approval from Caltrans. Until final acceptance, any acceptance or approval means approval to proceed, but it does not mean acceptance or approval of a deliverable and it does not reduce or eliminate any of Contractor’s duties or responsibilities under this Agreement. CDRL-12
7.12 Design and Tooling Rights
Caltrans reserves the non-exclusive unlimited right to use, without the payment of further compensations, all designs, drawings and special tooling developed specifically for the modification under this Contract. At the completion of the production modification, all such design drawings and special tooling, if any, shall be delivered to Caltrans at a site agreed to by the parties. CDRL-13 The Contractor shall provide Caltrans with all design data developed for this contracted modification, including, without limitations, drawings, layouts, and any relevant engineering data for all modifications made to the railcar and/or for interface between the Contractor’s Work and the railcars, and all necessary specified tooling in good order to Caltrans when the contracted Work is completed at no additional cost to Caltrans. All delivered documentation shall become the property of Caltrans and will be delivered to Caltrans at a site agreed to by the parties. It is understood that Caltrans shall comply with non-disclosure agreements as long as the contractor is in business and can supply and support the systems. The Contractor’s proprietary data and processes, such as, without limitation, preexisting design and data, procurement plans, manufacturing techniques, and quality control plans shall be excluded from this requirement.
8.0 Warranty
8.1 General Requirements
The warranty period for all work performed as described in this Contract shall be one (1) year as defined herein. In addition to the requirements of the General Terms and Conditions, the warranty requirements described below shall apply to this Contract. The Contractor warrants that all work, goods, supplies, subsystems, equipment, design, manufacture, modification, repair, rework, installation and other work covered by this Contract shall be satisfactory for their intended purpose, shall conform to and perform as called for in the Contract requirements and specifications and shall be free from all defects and faulty materials and workmanship. Any work, goods, supplies, subsystems, equipment, design, manufacture, modification, repair, rework, installation and other work covered by this contract found to be defective within the warranty period shall be repaired, remedied or replaced by the Contractor, free of all charges to Caltrans, including transportation. The Contractor shall provide warranty services as described below: • Identify a Warranty Manager • Setup a dedicated warranty email address and call in phone number • Use Caltrans warranty tracking database (WDPS) or the AWCR form, Appendix 6, attached, to report failures and repairs • Store parts for warranty repair at the Contractor’s facility • Perform warranty repairs at the Amtrak mechanical facilities in Oakland, and at layover facilities in Sacramento, San Jose, Auburn and Bakersfield • Establish bi-weekly warranty meetings to resolve warranty issues
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• Establish a procedure to identify, document and properly dispose of failed parts per applicable State and Federal laws
8.2 Warranty Plan
The Contractor shall submit a Final Warranty Plan for Caltrans review and written approval. The Warranty Plan shall contain the means the Contractor will employ to monitor and deploy warranty services on the railcars including: • Personnel assigned to administer the warranty and resolve warranty issues • Location, email address, and phone number of warranty personnel • Procedures to be used when performing warranty services • Parts used during performance of warranty services including storage of spares • Description of the warranty response procedure • Describe on-call hours of warranty service • Explain proposed response time from the time a defect is recorded • Defective parts tracking process • Describe remedy/turnaround time • Identify method for tracking warranty claims and repairs • Describe field location(s) where warranty remedies will be performed
2.
8.3 Contractor’s Warranty Manager
During the warranty period, the Contractor shall employ staff knowledgeable in the repair and maintenance of the railcars. The Contractor’s representative(s) shall be on site and available for the corrective work under the warranty. The Contractor’s representative shall be available during the Final Acceptance period for all railcars through the completion of all warranty work on the railcars. The Contractor’s representative shall follow-up on all warranty claims and shall assist Caltrans Contract Manager in the resolution of warranty issues and claims.
8.4 Commencement of Warranty
The one -year warranty period shall commence upon Final Acceptance of each car. Except the Pilot Cars, which have a warranty commencement at conditional acceptance; and extending for one year after final acceptance.
8.5 Vehicle Access for Warranty Repairs and Field Modifications
Contractor may have access to the railcars at regularly scheduled layovers and at the Amtrak mechanical facilities in Oakland, Sacramento, San Jose, Auburn and Bakersfield for any warranty repairs or field modifications. The Contractor is responsible for arranging with Amtrak to have access to the railcars for warranty repairs or field modifications. The Contractor agrees to ensure warranty repair work does not delay any revenue trains.
8.6 Extended Warranty
Any warranty provided by a vendor or subcontractor which exceeds the base warranty shall be assigned to Caltrans at no additional cost. This assignment shall consist of a letter from the Contractor and another letter from the vendor specifying the terms of the extended warranty.
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California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
8.7 Contractor Warranty Decal
The Contractor shall apply a self-adhesive warranty decal to be located inside the railcar. The decal shall specify what systems and components of the railcar are covered by the Contractor’s warranty. The location of this decal is to be determined by Caltrans. Caltrans shall provide the Contractor with a sample decal. The size, location, color and content of the Warranty Decal shall be submitted for Caltrans’ approval prior to production. CDRL-14 The decal will be bright orange in color or another highly visible approved color. The warranty sticker will be supplied by the Contractor and installed by the Contractor when the railcar achieves Final Acceptance. The decal shall consist of a polyester material or other suitable material to prevent destruction and/or removal. The decal shall contain the following information: • The railcar number • List of systems under warranty • The Contractor’s name • The Contractor’s full address • The Final Acceptance date • The End of Warranty date • A 24-hour contact phone number
8.8 Notification of Warranty Claims
Caltrans, or its designated representative, will officially notify the Contractor by email through Caltrans WDPS system of warranty railcar failures on electronic AWCRs. The Contractor shall provide a dedicated e-mail address to receive all electronic AWCRs. The Contractor shall provide Caltrans with a phone number for the reporting of urgent defects. Caltrans will provide Contractor necessary access to the WDPS database for the purpose of reviewing defect claims and entering Contractor’s resolution of open AWCRs. The Contractor shall utilize the WDPS database for documenting defect resolution.
8.9 Timeline for Repairs
It is understood and agreed that time is of the essence in respect to all corrective work to be undertaken pursuant to the warranty herein contained. Warranty work shall be accomplished to minimize disruptions to normal operations of rail service. Repair work on AWCRs shall commence no later than the next business day in response to all railcar failures. The Contractor has 72 hours from a notification of the failure and confirmation of the railcar’s location to fully repair and restore the railcar to allow for operation in revenue service. Failure to complete repair work within the required time frame will result in payment of current and future invoices being delayed until repairs are finished on all completed cars to date. If it is not possible to complete these repairs within 72 hours, but the railcar is available for revenue service according to Amtrak service standards, the Contractor must notify Caltrans within the 72-hour period in writing as to the problem, the solution and the timeline for repairs. WDPS shall be utilized for this process.
8.9.1 Access to Railcars for Field Work The Contractor shall coordinate with Amtrak for access to railcars for warranty field work, which includes: applicable Field Modification Instructions (FMIs), task orders, AWCRs, open items and other field work. Caltrans shall assist the Contractor to coordinate with Amtrak’s scheduling manager for railcar access to accommodate major repairs.
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In the event the Contractor presents Caltrans with documentation of defect repairs which are determined to not have been completed, the AWCR shall be reopened from the original date of notification.
8.10 Failure to Comply
In the event the Contractor is unable or fails within the time prescribed to commence and diligently pursue and complete the corrective work, Caltrans is by this provision authorized by the Contractor, at the option of the Caltrans Contract Manager and upon written notice to the Contractor, to contract with another or to use its own forces for the performance of the warranty work. The costs of such work may be deducted from monies due, or to become due to the Contractor. If no monies are then owed to the Contractor, Caltrans shall invoice the Contractor for such costs, and the Contractor shall pay the invoice within 30 calendar days of its receipt. Contractor hereby agrees to reimburse Caltrans for all costs and expenses in connection with such corrective work. Any corrective work performed by Caltrans' forces shall not be construed to invalidate Contractor's warranties for the affected parts or system. If the railcar is available for revenue service but repairs are not completed, payment of invoices will be delayed until repairs are completed. In case the Contractor fails to comply with the warranty requirements as specified, all labor costs associated with the diagnosing of defects caused by a warranty item shall be considered as a justifiable warranty claim and all associated costs shall be back-charged to the Contractor.
8.11 Disputed Warranty Claims
Should any warranty claim be contested by the Contractor, a joint inspection shall be made by Caltrans Contract Manager and the Contractor’s representative with a written report made by the Contractor’s representative to Caltrans concerning the Contractor's proposal to resolve the claim. Caltrans shall review the proposal and once it is found acceptable, the Contractor shall proceed in correcting the defective work. If it is determined that a claim is due to improper maintenance or operations by Amtrak, the Contractor shall be reimbursed for any costs associated with the inspection (such as but not limited to tear-down and rebuilding costs).
8.12 Fleet-wide Failure Provisions
A fleet-wide failure is defined as a failure of a system or component on 10% of the fleet, specifically three (3) or more railcars for HVAC work. In the event that a failure reaches the threshold as defined above for a fleet-wide failure, the Contractor shall present an engineering investigation plan within fifteen (15) business days of notification by Caltrans of a fleet-wide failure. The plan shall include an estimated timeline for determining the cause and extent of the failure and developing the corrective action to be taken to resolve the failure on all affected railcars. The investigation and its findings shall be presented to Caltrans for review and approval within thirty (30) days after notification of the fleet-wide failure. Caltrans shall have the authority to determine the effectiveness and appropriateness of the proposed solution and require that the Contractor propose alternate solutions if necessary. Once the corrective action plan has been approved by Caltrans, the contractor shall begin preparation of a FMI within five (5) days that will correct all affected railcars, and will change design or installation procedures for railcars not completed to correct the problem before those railcars are inspected for Conditional Acceptance. FMIs shall be incorporated into undelivered (before leaving the Contractor’s factory) railcar(s) and associated components prior to delivery, subject to the availability of long lead time FMI components. The Contractor and Caltrans shall develop a schedule for completion of FMIs on previously delivered railcars, subject to availability of the railcars at the Amtrak mechanical facilities in Oakland, and at layover facilities at Sacramento, San Jose, Auburn, and Bakersfield. Where the Failure in reliability constituted a fleet-wide failure, corrections shall be incorporated in railcar(s) and its associated components, including those for which the warranty has expired. No
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California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500 payment to the Contractor for any railcar(s), its associated components, part, Work or for any other purpose shall relieve Contractor of any obligation to correct deficiencies hereunder. If the Contractor fails to complete FMIs as set forth herein, Caltrans reserves the right to resolve open FMIs at the Contractor’s expense.
8.13 Recurring Defect on an Individual Car
A Recurring Defect is when the same component or system on the same rail vehicle fails in a similar manner three (3) or more times. Once the component or system fails for the third (3rd) time, Caltrans shall notify the Contractor to perform an engineering investigation as to the cause and nature of the failure. This notification shall include the description of the failure and the dates, vehicle numbers, and warranty claim numbers for the failures. Within thirty (30) days of notification, Contractor shall provide for Caltrans review and approval a report of the investigation and a recommendation as to how the Recurring Defect will be properly and permanently corrected. If the component or system fails again after the corrective action is completed, the Contractor shall perform another analysis as to why the corrective action did not solve the problem and make another recommendation as to the method by which the failure will be corrected. Once the Recurring Defect is corrected, the item(s) shall have the longer of one (1) year additional warranty from the correction of the Recurring Defect or the remainder of the unexpired warranty period.
8.14 Bill of Materials
The Contractor shall provide one copy of the standard complete set of modified Bill of Materials (BOM) for all work under this Contract required in hard copy and on (2) flash drives for the railcars modified to this Technical Specification. The Contractor shall submit a final Bill of Materials prior to Final Acceptance of the last car. CDRL-15 8.15 Cost Breakdown
The Contractor shall supply to Caltrans a breakdown of the cost to modify each railcar as required by this Contract. The cost breakdown must be based on costs set forth in Bid Proposal entitled “Attachment 1”. The Cost Breakdown must separately list labor and material costs for each system. The cost breakdown for each car type must be updated and resubmitted prior to Final Acceptance of the 27th car. CDRL-16
9.0 Forms The following forms shall be used to document events and activities relating to this contract. The forms are: • Release to Contractor Form, Appendix 1 • Hold Point Acceptance Inspection Form, Appendix 2 • Test Certification Sample Form, Appendix 3 • Conditional Acceptance/Release for Shipment Form, Appendix 4 • Final Acceptance Form, Appendix 5 • AWCR Form, Appendix 6 • Task Order Form, Appendix 7 • Contract Field Modification/Task Order Tracking per Car Sample Form, Appendix 8
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California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
APPENDIX 1 Release to Contractor Form Contract 75A0500
Railcar Number: Railcar Name: Railcar Type:
We, the Contractor certify that we have tested and inspected this railcar and have attached the Release to Contractor Inspection form. The “as shipped” condition of the railcar is noted in the attachments and we have identified all missing, damaged and non-operational items. We hereby accept this railcar for transportation from Oakland for modification at our facility. • All steps and requirements for contractor acceptance have been satisfactorily met. • All systems operate as specified or have been noted in the attached documents.
Contractor Representative Printed Name Signature Date
Pre-Shipping Certification:
I acknowledge that this railcar meets Caltrans pre-shipping objectives, the Contractor’s inspection has been documented per attachments and the railcar is hereby released to the Contractor.
Caltrans Representative Printed Name Signature Date
This form shall be completed and placed in Vehicle History Book, with a copy sent to Caltrans Contract Manager.
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APPENDIX 2 Hold Point Acceptance Inspection Form Contract 75A0500
Railcar Number Contractor Name:
Car Name: Hold Point Number/Name:
We, the Contractor certify that we have properly completed the necessary work specified for the hold point identified above and certify that the car is ready for inspection by Caltrans representative. All steps and requirements have been satisfactorily met. • All systems operate as specified or have been noted in the attached documents.
Contractor Representative Printed Name Signature Date
Hold Point Inspection Certification: (check one)
I inspected the railcar in relation to the specifications and standards described in the Agreement and determined that the test results satisfied the applicable acceptance criteria and tests and provide authorization to proceed. I inspected the work and found deficiencies as noted on this sheet. (Use back of sheet if needed.) Re-inspection is required. Caltrans authorizes the Contractor to proceed without this hold point inspection. This authority applies only to this hold point on this car and does not set a precedent for future inspections. Contractor is fully responsible for all contract performance and warranty requirements whether or not the hold point inspection is performed by Caltrans.
Caltrans Representative Printed Name Signature Date
This form shall be completed and placed in Vehicle History Book.
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APPENDIX 3 Test Certification Form Contract 75A0500
Railcar Number: Railcar Name: Railcar Type:
We certify this railcar has been tested and has passed or met all test procedures described in the attached Test Procedure.
Contractor Technician Printed Name Signature Date
Contractor Supervisor Printed Name Signature Date
Test Certification:
I inspected this railcar in relation to the specifications and standards described in the Agreement, and determined that the test results satisfied the applicable acceptance criteria and tests, and provide authorization to proceed.
Caltrans Representative Printed Name Signature Date
This form shall be completed and placed in Vehicle History Book.
Rev. 0.1 Page 36 of 42
Agreement Number 75A0500 ATTACHMENT A Page 38 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
APPENDIX 4 Conditional Acceptance/Release for Shipment Form Contract 75A0500
Railcar Number: Contractor Name: Railcar Name: We, the Contractor certify that this railcar has been modified to all requirements described in this specification, has been inspected, and has passed all test procedures. • All in-plant testing has been successfully completed. • All test and inspection documents are signed, complete and available for review. • The relevant Vehicle History Book is up-to date. • The railcar is ready for shipment back to Oakland, CA. • The Contractor and Caltrans have inspected the railcar and signed the In-Plant Testing Form. • The Open Items list is attached. • The railcar is cleaned inside and outside.
Production Manager Printed Name Signature Date
QA Manager Printed Name Signature Date
Project Manager Printed Name Signature Date
Release for Shipment: I inspected this railcar in relation to the specifications and standards described in the Agreement, and determined that the test results satisfied the applicable acceptance criteria and tests, and provide authorization to proceed. It has passed all test procedures, and appears reliable for revenue service.
Caltrans Representative Printed Name Signature Date This form shall be completed and placed in Vehicle History Book, and attached to the Contractor’s invoice for the Conditional Acceptance Milestone payment for the Car noted. By completing this form, the Contractor shall certify that each passenger railcar passed all tests described in the Contractor-provided test procedure and warranties all work and systems as described Section 8.0 Warranty.
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Agreement Number 75A0500 ATTACHMENT A Page 39 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
APPENDIX 5 Final Acceptance Form Contract 75A0500
Railcar Number: Contractor Name: Railcar Name: We, the Contractor certify that this railcar has met the objectives of the modification, all open items have been closed out and the car is reliable for revenue service. • Damage in transit has been corrected. • All steps and requirements for Final Acceptance have been satisfactorily met by the Contractor. • All systems operate as specified and have been demonstrated by the final acceptance inspection. • The Vehicle History Book has been reviewed and accepted by Caltrans. • The Contractor has supplied documentation indicating that all Task Orders, Open Items, Field Modifications, Engineering Changes and other work are complete, and are signed off and closed. • All open items from conditional acceptance have been closed out. • The railcar is ready for service.
Contractor Technician Printed Name Signature Date
Contractor Supervisor Printed Name Signature Date
Final Acceptance Certification: I acknowledge that this railcar has met the objectives of the modification, all open items have been closed out, and the car appears reliable for revenue service.
Caltrans Representative Printed Name Signature Date This form shall be attached to the Contractor’s invoice for this Milestone payment.
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Agreement Number 75A0500 ATTACHMENT A Page 40 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
APPENDIX 6 AWCR Form Contract 75A0500
Rev. 0.1 Page 39 of 42
Agreement Number 75A0500 ATTACHMENT A Page 41 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
APPENDIX 7 Task Order Change Form
Rev. 0.1 Page 40 of 42
Agreement Number 75A0500 ATTACHMENT A Page 42 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
APPENDIX 8 Contract Field Modification/Task Order Tracking Contract 75A0500
Field Modification Field Modification Field Modification Field Modification Order Task Order Task Order Task Order Task 001 002 003 004 001 002 003 004
Car #1
Car #2
Car #3
Car #4
Car #5
Car #6
Car #7
Car #8
Car #9
Car #10
Car #11
Car #12
Car #13
Car #14 Car # 15 - 27
Rev. 0.1 Page 41 of 42
Agreement Number 75A0500 ATTACHMENT A Page 43 of 42
California Department of Transportation Railcar HVAC Carside Modifications Rail Equipment Branch Appendix A ― Statement of Work Contract Number 75A0500
* End of Appendix A *
Rev. 0.1 Page 42 of 42 Agreement Number 75A0500 ATTACHMENT B Page 1 of 162 Agreement Number 75A0500 ATTACHMENT B Page 2 of 162 Agreement Number 75A0500 ATTACHMENT B Page 3 of 162 Agreement Number 75A0500 ATTACHMENT B Page 4 of 162 Agreement Number 75A0500 ATTACHMENT B Page 5 of 162 Agreement Number 75A0500 ATTACHMENT B Page 6 of 162 Agreement Number 75A0500 ATTACHMENT B Page 7 of 162 Agreement Number 75A0500 ATTACHMENT B Page 8 of 162 Agreement Number 75A0500 ATTACHMENT B Page 9 of 162 Agreement Number 75A0500 ATTACHMENT B Page 10 of 162 Agreement Number 75A0500 ATTACHMENT B Page 11 of 162 Agreement Number 75A0500 ATTACHMENT B Page 12 of 162 Agreement Number 75A0500 ATTACHMENT B Page 13 of 162 Agreement Number 75A0500 ATTACHMENT B Page 14 of 162 Agreement Number 75A0500 ATTACHMENT B Page 15 of 162 Agreement Number 75A0500 ATTACHMENT B Page 16 of 162 Agreement Number 75A0500 ATTACHMENT B Page 17 of 162 Agreement Number 75A0500 ATTACHMENT B Page 18 of 162 Agreement Number 75A0500 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