Addendum_1_C24864011.pdf

State of California • Natural Resources Agency Gavin Newsom, Governor

DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director 2241 Harvard Street, Suite 200 Sacramento, CA 95815

ADDENDUM #1

Issued: September 23, 2024

HUNTINGTON SB

Replace Burned Comfort Station, Phase 3 Comfort Station #2

Bid Number: C24864011

Bid Date: September 26, 2024, 2 PM

The changes in this addendum shall be included in the Project and this addendum shall be part of the Project documents. All conditions not affected by this addendum shall remain unchanged.

1. Notice To Contractors:

MODIFY following paragraph as follows:

Contract Term: 635 485 Calendar Days from Notice to Proceed Work Performance Period: 270 120 Calendar Days from Formal Start Work Date

The bidder agrees to complete all work within TWO HUNDRED SEVENTY (270) ONE HUNDRED TWENTY (120) calendar days from the date of written notice to commence work. This time includes ten (10) calendar days allowed for the contractor to begin work.

2. Bid Forms:

DELETE and REPLACE Bid Form packet with the ATTACHED Bid Form packet (Attachment 1, 22 pages).

1) BID FORM Page 2 was modified as follows:

The bidder agrees to complete all work within TWO HUNDRED SEVENTY (270) ONE HUNDRED TWENTY (120) calendar days from the date of written notice to commence work. This time includes ten (10) calendar days allowed for the contractor to begin work.

3. Questions (Q) and Answers (A):

2) Q: Will the state be providing Procore to the contractor?

A: Yes

Addendum #1

Issued: September 20, 2024

3) Q: Any archaeological concerns?

A: No concerns currently. Please review Section 000810 – Mitigations & Constraints (Attachment 2, 10 pages).

4) Q: Will bike path be closed when doing the trenching to tie back to existing electrical? Will cones be required to redirect flow? Will they need to create a traffic control plan?

A: Yes, bike path will be closed, and contractor will need cones to redirect flow and will want a temp pedestrian diversion plan.

5) Q: Will the area near the ADA parking be filled prior to phase 3?

A: Yes, it is part of phase 2 and will be filled with asphalt. Please review sheet G-

1.7 for the project boundary for this phase 3.

4. Project Manual – Specifications:

1) ADD Section 000810 – “CONSTRAINTS AND MITIGATIONS” (Attachment 2, 10 pages)

2) ADD Section 012500 – “SUBSTITUTION PROCEDURES” (Attachment 3, 3 pages)

5. Project Manual – Drawings:

1) Sheet A-0.1, Drawing Number 15, “SITE PLAN”, DELETE AND REPLACE with attached sheet (Attachment 4, 1 page)

2) Sheet A-1.3, Drawing Number 19, “SHADE STRUCTURE PLAN”, DELETE AND REPLACE with attached sheet (Attachment 5, 1 page)

3) Sheet A-2.0, Drawing Number 22, “EXTERIOR ELEVATIONS”, DELETE AND REPLACE with attached sheet (Attachment 6, 1 page)

4) Sheet A-2.1, Drawing Number 23, “EXTERIOR ELEVATIONS”, DELETE AND REPLACE with attached sheet (Attachment 7, 1 page)

5) Sheet A-2-2, Drawing Number 24, “EXTERIOR ELEVATIONS”, DELETE AND REPLACE with attached sheet (Attachment 8, 1 page)

END OF ADDENDUM #1

Attachments

1. Bid Form Packet, 22 pages

2. Specification Section 000810, 10 pages

3. Specification Section 012500, 3 pages

4. Sheet A-0.1, Drawing Number 15, 1 page

5. Sheet A-1.3, Drawing Number 19, 1 page

6. Sheet A-2.0, Drawing Number 22, 1 page

7. Sheet A-2.1, Drawing Number 23, 1 page

8. Sheet A-2-2, Drawing Number 24, 1 page

NATURAL RESOURCES AGENCY OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

HUNTINGTON SB

Replace Burned Comfort Station, Phase 3 Comfort Station #2 Orange County, California

Bidder’s Checklist

Items below must be submitted with your bid.

Public Works Bid Form (DPR 482B) and subsequent pages, if applicable

DVBE Notice (DPR 479IP), if applicable

__ Bidder Declaration (GSPD 05-105), if applicable

DVBE Declarations (DGS PD 843) for each listed DVBE on Bidder’s DVBE Participation Form, if applicable

__ Printout(s) from the eProcurement website http://www.caleprocure.ca.gov showing each DVBE’s supplier ID and status of certification, if applicable

__ Commercially Useful Function – Bidder Certification (DPR 87), if applicable

__ Non-Collusion Affidavit (DPR 837)

__ Bidder’s Bond (DPR 495)

Printout from the eProcurement website http://www.caleprocure.ca.gov showing each Small Business’ supplier ID and status of certification, if applicable

__ California Public Contract Code Section 10162 Questionnaire (DPR 20)

__ Darfur Contracting Act Form (DPR 74), if applicable

__ Fair Chance Employment Act (DPR 282PW)

__ Generative Artificial Intelligence (GenAI) Reporting and Factsheet (STD 1000)

__ California Civil Rights Law Certification (DGS OLS 04)

__ Contractor and Subcontractor registration with the Department of Industrial Relations pursuant to Labor Code section 1725.5 http://www.dir.ca.gov/Public- Works/SB854.html

PARK: HUNTINGTON SB

PROJECT: Replace Burned Comfort Station, Phase 3 Comfort Station #2

BID NUMBER: C24864011

Bid Date: Thursday, September 26, 2024 at 2:00 PM

Bids will be submitted via email to DPR.PWBids@parks.ca.gov http://www.caleprocure.ca.gov/ http://www.caleprocure.ca.gov/ http://www.dir.ca.gov/Public-Works/SB854.html http://www.dir.ca.gov/Public-Works/SB854.html mailto:DPR.PWBids@parks.ca.gov

2:00 P.M. September 26, 2024

Nondiscrimination Compliance Statement: The prospective contractor's signature affixed hereon and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103.

Verification: By signing this Bid Form, the bidder assures the state that it has not been convicted of violating a state or federal law regarding the employment of undocumented aliens, in the preceding five years.

The prospective contractor's signature affixed hereon and dated shall constitute a certification that the representations made by the prospective contract in the bid are made under penalty of perjury under the laws of the State of California.

Important: Pursuant to Title 2, California Code of Regulations, Section 8103 and Business and Professions Code Section 7028.15, no bid will be considered unless it contains the certifications and license information requested on this form. The State reserves the right to waive any irregularity in any bid or to reject any or all bids.

LICENSE NO.

DPR 482B (Rev. 10/2003)(Excel 10/15/2003)

HUNTINGTON SB

KIND OF WORK NAME AND ADDRESS

C24864011 Replace Burned Comfort Station, Phase 3 Comfort Station #2

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PUBLIC WORKS BID FORM

PROJECT LOCATION

PROJECT NAME

STATUS OF BUSINESS (Check appropriate box.)

Individual.

Corporation. State in which incorporated:

Partnership. Full names of partners:

Listed hereinafter are the names, addresses and contractor's license numbers of all subcontractors who will perform work or labor or render services in an amount in excess of one-half of one percent of the general contractor's total bid if this bid is accepted and the portion of the work that each will perform. Material vendors are not included.

FAX NO.

BY (Authorized Signature)

EMAIL

PRINTED NAME AND TITLE OF PERSON SIGNING

CONTRACTOR/BIDDER FIRM NAME (Printed) - AS IT APPEARS ON LICENSE

MAILING ADDRESS CITY/STATE/ZIP CODE

LICENSE CLASSIFICATION

DATE

BID DATEBID TIME

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 above. This certification is made under the laws of the State of California. I understand that failure to submit the Public Works Bid Form with the appropriate bidder signature will result in rejection of the bid.

LICENSE EXPIRATION DATELICENSE NO.

Exhibit B, Attachment 1

PHONE NO.

BID FORM

Contractor / Bidder Firm Name: ____________________________________

The bidder hereby proposes to furnish all labor, materials, tools and equipment necessary to construct one 766 SF comfort station accommodating eight single-occupancy stalls and an internal maintenance access chase. New water, storm drain and sanitary sewer services are required and hardscape work is required to match and tie into existing site work at HUNTINGTON STATE BEACH in Orange County, California, complete and ready for use in accordance with the contract documents therefore, for the following lump sum which shall include all applicable taxes and other expenses:

Base Bid Lump Sum Total: $___________________

Base Bid Lump Sum Total Written Out:

ADDENDUM ACKNOWLEDGEMENT (Please initial for Addenda received)

Addendum #1 ____________ Addendum #4 ____________

Addendum #2 ____________ Addendum #5 ____________

Addendum #3 ____________ Addendum #6 ____________

The bidder agrees to complete all work within TWO HUNDRED SEVENTY (270) calendar days from the date of written notice to commence work. This time includes ten (10) calendar days allowed for the contractor to begin work.

Participation in Disabled Veteran Business Enterprise Program (DVBE): The minimum DVBE participation percentage goal is 6%. Failure to fulfill the DVBE requirement will render your bid non-responsive. DVBE Incentive: For evaluation purposes only, an incentive will be given to bidders who exceed the 6% DVBE participation requirements. Refer to the DVBE forms beginning with DPR 479IP.

SMALL BUSINESS PREFERENCE (GSPD 05-105 form): To assist the Department in a timely evaluation of bids received, any bidder requesting the small business preference on this project is encouraged to submit along with signed GSPD 05-105, a copy of each Small Business’ small business certification approval letter from the Office of Small Business and Disabled Veteran Business Enterprise Certification.

DPR 479IP (Rev. 12/2022)(Excel 12/20/2022)(Page 1 of 6)

Disabled Veteran Business Enterprise (DVBE) Notice

1. Bidder’s attention is directed to the Disabled Veteran Business Enterprise (DVBE) Participation Requirement for bidders, as outlined in the accompanying bid package.

2. In order to be responsive and eligible for award of the contract, bidder must attain the prescribed goals for the DVBE participation.

The DVBE Participation Requirement for this solicitation is 6%.

Failure to fulfill the DVBE requirement will render your bid non-responsive.

3. It is essential that you commence the required participation process immediately, to allow adequate response time for potential DVBE participants.

4. The DVBE participation requirement is mandatory by state law, whether you are conducting business as an individual, partnership or corporation.

IMMEDIATE ACTION REQUIRED

DVBE Participation Requirement and Incentive for Invitation For Bids (IFB)

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

DPR 479IP (Rev. 12/2022)(Excel 12/20/2022)(Page 2 of 6)

5. What is a Disabled Veteran Business Enterprise (DVBE)?

a) For a business to be considered a Disabled Veteran Business Enterprise (DVBE), they must be certified with the State of California - Department of General Services in accordance with California Code of Regulations, Title 2, Section 1896.94. Please see the following website for more information about DVBE certification benefits and eligibility requirements:

www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or- Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

b) Only DVBEs who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE participation and/or incentive program requirements.

6. Commercially Useful Function Definition

a) 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.

b) A person or entity must perform a commercially useful function (CUF) as defined under Military and Veterans Code (MVC) §999.

c) 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.

7. What is the DVBE participation requirement?

a) Bidders must commit at minimum 6% of their total bid to currently certified and registered DVBE companies for this solicitation. All bidders must meet the full participation requirement based on the total bid amount in order to be considered a responsive bidder.

b) Reporting Requirement: If, for this agreement and pursuant to Military & Veterans Code (MVC) 999.5 (d), a contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) the contractor must certify in a report to the awarding department:

1. the total amount the prime contractor received under the contract

2. the name and address of the DVBE(s) that participated in the performance of the contract

3. the amount each DVBE received from the prime contractor

4. that all payments under the contract have been made to the DVBE(s)

5. the actual percentage of DVBE participation that was achieved

DPR 479IP (Rev. 12/2022)(Excel 12/20/2022)(Page 3 of 6)

c) You will be required to report to DPR the actual dollars spent with each DVBE subcontractor on a STD. 817. If awarded the contract you will receive this form at the completion of the contract. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code (M&VC) § 999.5(d))

8. What is the DVBE Incentive Program?

a) The DVBE Incentive Program was established by statute and applies to contracts solely financed by State funds. This program is separate from the DVBE Participation Program. The incentive is designed to encourage bidders to partner with DVBE subcontractors.

b) DVBE incentive will be given to bidders who provide DVBE participation above 6%.

c) The incentive may be combined with other incentives and preferences up to an established cap of $100,000.00. The incentive is used only for evaluation purposes and does not alter the amounts of the actual bids.

9. Who is eligible to receive the incentive?

a) Any responsive bidder who has attained more than the required amount (6%) of DVBE participation per the solicitation instructions.

10. Documentation

a) To be considered a reponsive bidder, bidders must document at least 6% DVBE participation commitment by completing and submitting the following forms:

1. GSPD 05-105, Bidder Declaration

2. DGS PD 843, DVBE Declaration

b) GSPD 05-105, Bidder Declaration: The GSPD 05-105 is used to document the proposed prime contractor and subcontractors, including their roles and responsibilities. The form must be submitted with the bid package. If there is a discrepancy between the dollar amount and percentage of bid for DVBE participation then the percentage shall prevail.

c) DGS PD 843,DVBE Declaration: All disabled veteran owners and disabled veteran managers of the DVBE must complete the form and submit it with the bid package.

A DGS PD 843 needs to be submitted by every DVBE supplier who is part of a bid whether they are the prime contractor or subcontractor .

d) Bids that fail to submit the completed required forms to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive and may be declared unresponsive due to DVBE participation requirements. Clerical and typographical errors on these forms may be corrected at the State’s sole discretion.

e) Information submitted by the bidders to claim the DVBE incentive(s) 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.

c) Table A – Invitation For Bid (IFB) (aka Low Price Method)

Low Price Method

A B C

$98,000.00 $102,100.00 $100,000.00

4% 8% 6%

Unresponsive 2 1 n/a 3% n/a n/a $3,000.00

(3% x $100,000) n/a n/a $99,100.00

($102,100 - $3,000) n/a

Unresponsive 1 2

DPR 479IP (Rev. 12/2022)(Excel 12/20/2022)(Page 4 of 6)

Bidder Name

Original Bid Price

DVBE Participation for certified DVBE Prime or Subcontractors

Initial Ranking

Final Rank:

DVBE Incentive (from Table A)

Incentive Amount (% x Lowest Responsive and Responsible Bid Price)

Evaluated Bid Price (Bidder's Price - Bidder's Incentive Amount)

7% - 7.99%

6.01% - 6.99%

5% of lowest responsive and responsible bid

4% of lowest responsive and responsible bid

3% of lowest responsive and responsible bid

2% of lowest responsive and responsible bid

1% of lowest responsive and responsible bid

Confirmed DVBE Participation of DVBE Incentive Amount for IFB

10% or more

9% - 9.99%

8% - 8.99%

11. How does the DVBE Incentive Program Work?

a) The DVBE incentive is used only for evaluation purposes to determine the successful bidder and does not alter the amounts of the actual bids. A dollar cap of $100,000.00 is set for all combined incentives and preferences.

b) For contracts to be awarded based on the Low Price Method, 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 Table A below. The Computation Method does not include the small business preference; however, the small business preference may be applied and may affect the application of the incentive and the outcome of the ranking.

d) Computation Method

The State of California www.dgs.ca.gov/PD Department of General Services Receptionist: (916) 375-4940 Office of Small Business and DVBE Services 24-hour recording: (916) 322-5060 707 Third Street, First Floor – Room 400 FAX: (916) 375-4950 West Sacramento, CA 95605 OSDSHelp@dgs.ca.gov

DPR 479IP (Rev. 12/2022)(Excel 12/20/2022)(Page 5 of 6)

12. Substitution of Proposed DVBE

a) If awarded the contract, the DVBE subcontractors and/or contractors proposed by bidder must be used unless prior written notice of substitution is provided to the state and the state approves such substitution.

b) The notice must include a minimum of: (1) a written explanation of the reason for the substitution; and (2) an updated GSPD 05-105 must be submitted to the award office of Department of Parks and Recreation. The substitution request must before approved before the substitution can take place.

c) Failure to adhere to at least the DVBE participation proposed by the successful bidder may be cause for contract termination and recovery of damages under the rights and remedies due the state under the default section of the contract.

d) Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the State. Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

e) Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC § 999.9;

Public Contract Code (PCC) § 10115.10, or PCC § 4110 (applies to public works only).

13. To locate DVBE contractors:

a) Contact the department’s contracting official named in this solicitation for any DVBE contractors who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE contractors for the solicitation. You may also contact the department’s SB/DVBE Advocate for assistance:

b) Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD) online certified firm database at:

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true

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.

c) 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.Caleprocure.ca.gov

d) The State of California, Department of General Services (DGS), Procurement Division, Office of Small Business and DVBE Services (OSDS) offers many services that assist contractor/business owners with a variety of information designed to streamline the State contracting process. OSDS also certifies DVBE contractors. For more information, please

b) DGS PD 843, DVBE Declaration

DPR 479IP (Rev. 12/2022)(Excel 12/20/2022)(Page 6 of 6)

a) GSPD 05-105, Bidder Declaration

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

DVBE Documentation Checklist

1. The State of California acknowledges the service and sacrifice of its disabled veterans, in part, through the “Disabled Veteran Business Enterprise (DVBE) Participation Program.” As mandated by law, state agencies have a goal to award at least 3% of their annual contract dollars to certified DVBE’s.

2. When a firm bids on a state DPR contract that contains DVBE participation, the the dollar amount of the bid must meet the 6% participation requirement set by DPR.

3. INCOMPLETE DOCUMENTATION (GSPD 05-105 AND DGS PD 843) MUST RESULT IN

DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE SELECTION PROCESS FOR

THE CONTRACT.

4. The following checklist is provided to assist bidders with their DVBE participation documentation:

All DVBE participation is indicated.

The names of each participating DVBE company is listed with the dollar value and applied percentage of the bid.

A copy of the printout from eProcurement system showing the company’s DVBE certification status.

The DVBE participation percentage listed agrees with the dollar value claimed.

A completed and signed DGS PD 843 is included with the bid for every DVBE (whether prime contractor or subcontractor) included.

DPR 837 (Rev. 6/21) THIS FORM MUST REMAIN WITH THE BID

DEPARTMENT OF PARKS AND RECREATION

NON-COLLUSION DECLARATION TO BE EXECUTED

BY BIDDER AND SUBMITTED WITH BID FOR PUBLIC WORKS

The undersigned declares:

I am the of , the party (Position Title) (Company Name) making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on

, at , (Date) (City) (State/Zip Code)

(Print or Type Name)

(Signature)

That we, , as Principal, and as Surety, are held and firmly bound unto the State of California, hereinafter called the State, in the penal sum of ten percent (10%) of the total amount of the bid of the Principal above named, submitted by said Principal to the State of California, Department of Parks and Recreation for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted the above-mentioned bid to the State of California, Department of Parks and Recreation, for certain construction specifically described as follows, for which bids are to be opened at for

NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files the two bonds with the Department, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

IN WITNESS WHEREOF, We have hereunto set our hands and seals on this day of , 20

(SEAL)

(SEAL)

(SEAL)

(SEAL)

(SEAL)

(SEAL)

NOTE: Signatures of those executing for the Surety must be properly acknowledged.

County of ss

On this day of before me, a notary public in and for the county and state aforesaid, personally appeared, known to me to be the person whose name is subscribed to the within instrument and known to me to be the attorney-in-fact of and acknowledged to me that he subscribed the name of the said company thereto as surety, and his own name as attorney-in-fact.

DPR 495 (Rev. 11/2002)(Excel 11/8/2002)

KNOW ALL PEOPLE BY THESE PRESENTS:

CERTIFICATE OF ACKNOWLEDGEMENT

BIDDER'S BOND

State of California - The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

THE CONDITION of this obligation is such that:

Surety

Principal

State of California

(SEAL)

Notary Public

(Insert date of bid opening)

(Insert place where bids will be opened)

(Copy here the exact description of work, including location, as it appears on the proposal) in the year of 20 on

Bidders are cautioned that making false certification may subject the certifier to criminal prosecution.

The Department of Parks and Recreation (DPR) reserves the right under California Public Contract Code Section 10162 to reject any bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder who has been disqualified, removed or otherwise prevented from bidding on, or completing a federal, state or local govern-ment project because of a violation of law or violation of safety regulations.

Failure to return this form with the bid shall not be cause for rejection; however, bidders must furnish the completed form within the time frame prescribed by the DPR. Failure to submit this form within the time frame prescribed by the DPR may be deemed refusal of an award which shall be cause for forfeiture of bidder's security.

By my signature, I certify under penalty of perjury under the laws of the State of California that the foregoing questionnaire and statements pursuant to California Public Contract Code Section 10162 are true and correct

DPR 20 (New 10/2003)(Excel 10/24/2008)

NOTICE TO BIDDERS

CERTIFICATION

State of California - The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CALIFORNIA PUBLIC CONTRACT CODE SECTION 10162

PARK UNIT NAME

In accordance with Section 10162 of the California Public Contract Code, bidders shall complete, HAVE YOU, ANY OFFICER OF YOUR BUSINESS, OR ANY EMPLOYEE OF YOUR BUSINESS WHO HAS PROPRIETARY INTEREST IN YOUR BUSINESS EVER BEEN DISQUALIFIED, REMOVED, OR OTHERWISE PREVENTED FROM BIDDING ON, OR COMPLETING A FEDERAL, STATE, OR LOCAL GOVERNMENT PROJECT BECAUSE OF A VIOLATION OF LAW OR VIOLATION OF SAFETY REGULATIONS? Yes (Explain circumstances below. Attach additional pages if needed.) No

BIDDER SIGNATURE PRINTED NAME DATE

under penalty of perjury, the question below. Please answer the following:

— Questionnaire —

PROJECT NAME

NAME OF BUSINESS

DPR 74 (Rev. 5/2013)(Excel 5/16/2013)

DO NOT COMPLETE THIS FORM UNLESS YOUR COMPANY MEETS THE CRITERIA OF OPTION #1 OR OPTION #2.

FOR DEPARTMENT USE ONLYState of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

DARFUR CONTRACTING ACT CERTIFICATION

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.

DO NOT COMPLETE OR RETURN THIS FORM IF: Within the previous three years, your company HAS NOT had any business activities or other operations outside of the United States.

AGREEMENT/PAPO NO.

OPTION #1 - 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)

BY (Authorized Signature)

PRINTED NAME AND TITLE OF PERSON SIGNING

DATE EXECUTED EXECUTED IN THE COUNTY AND STATE OF

FEDERAL ID NUMBER

OPTION #2 - 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)

INITIALS OF SUBMITTER

PRINTED NAME AND TITLE OF PERSON INITIALING

FEDERAL ID NUMBER

All other companies, complete Option #1 or Option #2 and return:

CALIFORNIA DEPARTMENT OF PARKS AND RECREATION

FAIR CHANCE EMPLOYMENT ACT

Public Contract Code 10186:

(a) This section shall be known, and may be cited, as the "Fair Chance Employment Act."

(b) Any person submitting a bid to the state on a contract involving onsite construction-related services shall certify that the person will not ask an applicant for onsite construction-related employment to disclose orally or in writing information concerning the conviction history of the applicant on or at the time of an initial employment application.

(c) This section shall not apply to a position for which the person or the state is otherwise required by state or federal law to conduct a conviction history background check or to any contract position with a criminal justice agency, as that term is defined in Section 13101 of the Penal Code.

(d) This section shall not apply to a person to the extent that he or she obtains workers from a hiring hall pursuant to a bona fide collective bargaining agreement.

CERTIFICATION

By my signature, I certify under penalty of perjury under the laws of the State of California that I have read, understand and will abide by California Public Contract Code Section 10186.

DPR 282PW (New 8/2016)(Word8/11/2016)

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Bidders Signature)

Printed Name and Title of Person Signing

Date Executed

Executed in the County of

SECTION 000810

CONSTRAINTS AND MITIGATIONS

PART 1 - GENERAL

1.1 DESCRIPTION

A. The following requirements supplement the General Conditions, Section 00700.

1.2 RELATED REQUIREMENTS

A. Section 015000 Temporary Facilities and Controls B. Section 015639 Temporary Tree and Plant Protection C. Section 311232 Storm Water Soil Loss Prevention Plan (SWSLPP) D. Section 312000 Earth Moving

1.3 DEFINITIONS

A. Cultural Resource Specialist – State provided Archaeologist, Historian, and/or Native American representative.

B. Natural Resource Specialist – State provided Environmental Scientist, Environmental Services Intern, Biologist, or similar.

C. Ground Disturbance – Any action that moves or disturbs the soil, regardless of the amount, surface area, or depth. This may include, but is not limited to grading, scraping, excavation, trenching, boring, clearing and grubbing, hand digging, raking, and/or use of vehicle/s or heavy machinery off paved/hardened surfaces.

D. Environmentally Sensitive Area (ESA) – Area supporting sensitive natural resources, in which no encroachment or construction shall be allowed, unless otherwise indicated in the Project Plans.

E. Cultural Resources – Include Archaeological Resources, Tribal Cultural Resources, and Historical Resources. These resources are protected by state and federal laws. Unauthorized damage, removal, movement, or destruction of cultural resources is prohibited.

F. Archaeological Resources - Historic and/or Native American artifacts, concentrations of artifacts, cultural items, features, and/or deposits. The location and placement of these artifacts, concentrations, items, features, and deposits and their relationship to each other and to geological, geographical, and natural features are important scientific data. These resources are protected by law, and any movement, displacement, disturbance, removal, and/or destruction of these resources that is not conducted by or under the observation of the Project archaeologist or authorized archaeological monitor

Section 000810 – Page 2 Constraints and Mitigations is prohibited.

G. Tribal Cultural Resources - Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe. These resources are protected by law, and any movement, displacement, disturbance, removal, and/or destruction of these resources that is not conducted by or under the observation of the authorized Native American monitor is prohibited.

H. Historical Resources - Buildings, structures, objects, and landscapes, typically older than 50 years. These resources are protected by law, and any movement, displacement, disturbance, removal, and/or destruction of these resources that is not conducted by or under the observation of the Project historian or authorized historical monitor is prohibited.

1.4 SUBMITTALS

A. Storm Water Materials: Supply manufacturer’s cut sheets, samples, and safety data, where applicable, for all products to include:

1. Coir and/or Burlap Wattles, including manufacturer’s installation recommendations.

2. Burlap Sandbags, including manufacturer’s installation recommendations.

3. Fasteners, such as wood stakes, along with biodegradable rope to fasten to wattles/fiber rolls.

PART 2 - PRODUCTS

2.1 STORM WATER MATERIALS

A. Coir Wattle/Log constructed of natural coir fiber and enclosed with high tensile strength coir twine netting.

1. Provides erosion protection for a minimum of eighteen (18) months.

2. Acceptable Manufacturers:

a. Earth Saver Erosion Control Products: https://www.earth-savers.com/ or

b. Approved equivalent.

B. Biodegradable Burlap Wattles manufactured of weed free rice straw with netting made of 100% biodegradable burlap tubing.

1. Provides erosion protection for a minimum of eighteen (18) months.

2. Approved Manufacturers:

a. Earth Saver Erosion Control Products: https://www.earth-savers.com/ or https://www.earth-savers.com/

Section 000810 – Page 3

b. Approved equivalent.

C. Burlap Sandbag produced from natural jute and 100% biodegradable, including ties. Sandbag shall not contain, or be manufactured from, any synthetic/plastic materials.

1. Provides erosion protection for a minimum of eighteen (18) months.

2. Acceptable Manufacturers:

a. Earth Saver Erosion Control Products: https://www.earth-savers.com/ or

b. Approved equivalent.

PART 3 - EXECUTION

3.1 GENERAL CONSTRAINTS

A. In compliance with the environmental review documents and regulatory permits, the Contractor’s operations are subject to the constraints and environmental protection measures that follow, as well as compliance with any and all constraints or environmental protection measures included in other sections of the Project Manual.

B. Contractor shall contact State’s Representative a minimum of seven (7) days prior to the start of construction, as well as prior to demolition, vegetation removal, or any ground-disturbing work, and/or work during dates outlined in

3.2 CULTURAL RESOURCE CONSTRAINTS and/or 3.3 NATURAL

RESOURCE CONSTRAINTS below to schedule monitoring by Natural Resource Specialists.

C. Contractor shall coordinate directly with State’s Representative regarding natural resource monitoring. Any ensuing directives from the Natural Resource Specialist in relation to need for interruption of specific Contractor work will be made through the State’s Representative.

D. The Natural Resource Specialists shall have access to the site at all times, to monitor work and/or resources at their discretion.

E. Prior to the start of construction, the Natural Resource Specialist will mark or identify where certain resources are to be avoided or left in place on the site.

This by no means indicates that during the course of construction new or previously unknown areas will not be marked or identified by the Natural Resource Specialist. If resources are marked or identified within the work limits (See 3.7 WORK LIMITS below), then the Contractor shall be responsible for installing protection measures as directed by the Resource Specialists (See 3.2 CULTURAL RESOURCE CONSTRAINTS and 3.3 NATURAL RESOURCE CONSTRAINTS below).

F. Ground disturbance (including trenching) and locations of underground facilities shall be staked in the field and approved by the State’s

Section 000810 – Page 4

Representative, prior to commencing any excavation, vegetation removal, etc.

Trenches and facilities shall be placed, to the maximum extent feasible, in a manner that avoids any unnecessary impacts to existing vegetation, and may be subject to adjustment, as directed by the State’s Representative, in consultation with the Natural Resource Specialist.

G. No Project activities may occur on the beach without approval from the State’s Representative, in coordination with the Natural Resource Specialist.

Contractor shall stage/store equipment, materials, and vehicles only within existing parking lots, developed sites, or disturbed areas that have been reviewed and approved by the State’s Representative, in coordination with the Natural Resource Specialist. No project-related items shall be stockpiled outside approved staging areas at any time.

H. Equipment fueling and maintenance will take place within existing paved areas or designated staging areas. Equipment fueling and maintenance shall not occur within 100 feet of any drainage, wetland, or the Pacific Ocean.

3.2 CULTURAL RESOURCE CONSTRAINTS

A. In the event that previously unknown significant or potentially significant Native American archaeological resources (including but not limited to concentrations of dark soil, shell, bone, fire-affected rock, etc.), historic archaeological resources (including but not limited to foundations, footings, roads, utilities, trash deposits, etc.), tribal cultural resources, or any other unexpected human-made or modified materials or features are encountered during Project construction by anyone:

1. Work shall cease immediately at the location in compliance with State Laws including California Public Resources Code §5024.5, §5097.5, §5097.7, §5097.995, §21084.3; CEQA; California Penal Code §622½;

California Code of Regulations, Title 14, Division 3, Chapter 1, §4308, State Parks policies and directives; Executive Order W-26-92; and Federal laws including the National Environmental Policy Act and the National Historic Preservation Act (NHPA).

2. Contractor shall immediately notify the State’s Representative.

3. Contractor shall not work in this area until receipt of written approval from the State’s Representative to resume activity in the area of the discovery.

4. Contractor shall be redirected to work in other Project locations.

See 3.8.A SITE CONDITIONS. below.

B. In the event that human remains are discovered:

1. Work shall cease immediately in the area of the find in compliance with

California Health and Safety Code §7050.5 and §7052; and Public Resources Code §5097.99.

2. Contractor shall immediately notify the State’s Representative.

Section 000810 – Page 5

3. Work will not resume in the area of the find until proper disposition is complete in accordance with §5097.98 of the California Public Resources Code.

4. Contractor shall be redirected to work in other Project locations until Contractor receives written approval from the State’s Representative to resume activity in the area of the discovery. See 3.8 SITE CONDITIONS below.

3.3 NATURAL RESOURCE CONSTRAINTS

A. Sensitive habitat (e.g., the beach, Least Tern Natural Preserve) near the Project boundaries are designated ESAs and shall be strictly avoided. No encroachment (i.e., workers, equipment, materials) will be allowed in these locations at any time. The Contractor shall mark and protect ESAs using temporary fencing or other acceptable method. Work limits shall be clearly marked in the field, as outlined in Section 3.7 WORK LIMITS prior to the start of operations. All staked/fenced boundaries shall be maintained in good repair by the Contractor throughout construction.

B. A Natural Resource Specialist will be onsite during initial construction activities to ensure resource measures are appropriately implemented. Subsequent monitoring of project-related work will occur, at the discretion of the Natural Resource Specialist.

C. A Natural Resource Specialist will be made available for both the preconstruction and construction phases to conduct survey(s), review plans, address resource issues, and periodically monitor ongoing work, as needed.

The Natural Resource Specialist will address concerns related to sensitive species/habitats to ensure they are appropriately and lawfully managed.

Should a federally or State listed species be discovered onsite, at any time, then the State’s Representative shall be immediately notified. The State’s Representative, in coordination with the Natural Resource Specialist, shall suspend activities and promptly contact the U.S. Fish and Wildlife Service (USFWS) and/or California Department of Fish and Wildlife (CDFW), as appropriate. Work shall not resume until coordination/consultation with the USFWS and/or CDFW has been completed, and any recommended conservation measures have been implemented by State Parks and its Contractors.

D. The Contractor shall immediately cease work and notify the State’s Representative if bats are encountered in any structure or tree or found sheltering within the Project area during ongoing construction. Contractor shall not touch or handle a bat at any time.

E. Prior to the Contractor initiating activities onsite, the Natural Resource Specialist will:

1. Contact Orange Coast District natural resources staff to obtain the latest information on federally threatened western snowy plover (WSPL, Section 000810 – Page 6

Charadrius alexandrinus nivosus) nesting and roosting areas, and federally endangered California least tern (CLT, Sterna antillarum browni) nesting areas, in the vicinity of the Project site.

2. Conduct a training for the Contractor and their staff on the identification, habitat, life history, legal status, and protection measures for the WSPL and CLT.

3. Conduct a preconstruction survey.

F. To the maximum extent practical, project-related activities shall take place outside of WSPL and CLT breeding seasons (i.e., March 1 to August 31). As such, activities that involve disturbance to structures, the ground, or vegetation and/or noise levels greater than ambient shall be conducted between September 1 and February 29 to avoid potential impacts to CLT, WSPL, and other nesting birds, as required by the California Migratory Bird Protection Act and Migratory Bird Treaty Act.

If such activities cannot occur during this time frame, then:

1. A preconstruction survey for nesting birds shall be completed by a qualified Natural Resource Specialist within three (3) days of work initiating onsite, as well as weekly surveys until the completion of work, to determine the presence/absence of WSPLs and CLTs, and to ensure that nesting birds are not present within 500 feet of the Project area.

2. Should work be suspended or delayed for a period of greater than seven (7) days, then the Natural Resource Specialist, at their discretion, shall complete a bird survey to ensure that no additional nesting has occurred at the Project site.

3. If an active nest of any songbird is found within 300 feet of the Project, or an active nest for any raptor species is found within 500 feet of the Project, then appropriate measures, as determined by the State’s Representative, in coordination with the Natural Resource Specialist, shall be implemented by the Contractor to minimize potential harm/harassment to the species.

a. These measures may include, but are not limited to, temporary delay of work or redirection to other locations, incorporation of noise mitigation (e.g., installation of sound shields or blankets around smaller equipment, use of mufflers, and minimizing the use of back-up alarms), establishing a buffer around the nest, and/or having a Natural Resource Specialist present to monitor the work.

b. The Contractor shall not start or resume work in this area until receipt of written approval from the State’s Representative.

G. Between September 1 and February 29, a qualified Natural Resource Specialist shall conduct a preconstruction survey within three (3) days of work initiating onsite to determine the presence/absence of WSPL and CLT within

Section 000810 – Page 7

500 feet of the Project area.

H. Should an active WSPL or CLT nest (scrape containing eggs or empty scrapes with bird(s) actively exhibiting breeding behaviors [e.g., scraping, pebble tossing, territorial displays or calls, false brooding, fish carrying, etc.]) or WSPL roost be discovered within 500 feet of the Project footprint, the Natural Resource Specialist shall report the findings to the USFWS. Work shall not resume until coordination with the USFWS has been completed and appropriate measures have been implemented to minimize harm/harassment to the species. Measures may include, but are not limited to, conducting daily biological monitoring to ensure compliance with protective measures, and prevention of impacts to WSPLs and CLTs.

I. During activities that could generate excessive noise (e.g., demolition), hourly sound levels should not exceed 60 dBA or pre-project ambient levels (whichever is greater) at nests or WSPL roosts, or cause unusual or stressed behavior in the birds, as determined by the Natural Resource Specialist.

Measures, such as having a biological monitor present during these activities and/or implementing noise mitigation (e.g., installation of a temporary noise reduction barrier), shall be incorporated to minimize disturbance to the species and ensure noise is at acceptable levels.

J. When biological monitoring is scheduled, the Natural Resource Specialist(s) should arrive a half-hour prior to the beginning of planned work activities. If this is prior to sunrise, then work activities shall be delayed to allow the Natural Resource Specialist(s) time to complete their tasks. Natural Resource Specialist(s) shall have the ability to temporarily suspend Project activities, if necessary, to avoid unanticipated impacts, including significant disturbance, to species of concern.

K. The Contractor shall minimize noise during construction through the use of the best available techniques.

1. Contractor shall ensure that all internal combustion engines are equipped with a muffler of a type recommended by the manufacturer and that all equipment and trucks use noise attenuation devices, such as engine enclosures, acoustically attenuating shields or shrouds, intake silencers, ducts, etc.

2. The Contractor shall locate stationary noise sources (e.g.,…