Bid_Solicitation_Booklet-_C1546040.pdf

State of California • Natural Resources Agency Edmund G. Brown Jr., Governor

DEPARTMENT OF PARKS AND RECREATION Lisa Ann L. Mangat, Acting Director Orange Coast District 3030 Avenida del Presidente San Clemente, CA 92672

INVITATION FOR BID

Notice to Prospective Bidders

April 5, 2016

You are invited to review and respond to an Invitation for Bid (IFB) entitled Orange Coast District Shade Canopies, located at San Clemente State Park, Orange Coast District, CA State Parks. The Contract / Agreement Number is C1546040. In submitting your bid you must comply with these instructions.

Note that all agreements entered into with the State of California will include by reference the General Terms and Conditions Section 00700 and the Contractor Certification Clauses CCC- 307 the may be viewed and downloaded at the internet site http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx If you do not have access to the internet, a hard copy can be provided by contacting the person listed below.

In the opinion of The Department of Parks and Recreation, this invitation for Bid is complete and without need of explanation. However, if you have questions or should you need any clarifying information, the contact person for this IFB is:

Janice Lee Department of Parks and Recreation

Orange Coast District 949-366-4888

Janice.Lee@parks.ca.gov

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Janice Lee, Contracts Administrator mailto:Janice.Lee@parks.ca.gov

STATE OF CALIFORNIA * NATURAL RESOURCES AGENCY *

CALIFORNIA STATE PARKS

BID BOOKLET

BID BOOKLET

INVITATION FOR BIDS

PUBLIC WORKS CONTRACT

ORANGE COAST DISTRICT SHADE CANOPIES

SAN CLEMENTE STATE PARK

CONTRACT # C1546040

DEPARTMENT OF PARKS AND RECREATION

ORANGE COAST DISTRICT

APRIL 2016

NATURAL RESOURCES AGENCY OF CALIFORNIA

ORANGE COAST DISTRICT SHADE CANOPIES

TABLE OF CONTENTS

ITEM NUMBER OF PAGES

Table of Contents -------------------------------------------------------------------------------------------------- 1

I. INVITATION FOR BIDS AND SPECIFICATIONS

Public Works Notice to Contractors (DPR 112A) ---------------------------------------------------------- 1 Section 00100 Public Works Instructions to Bidders (DPR 482A) ------------------------------------- 3 Dispute Procedures for Public Works Invitation for Bids or Request for Proposals ---------------- 1 Small Business Notice (5% Preference) (DPR 478) -------------------------------------------------------- 3 DVBE Notice & Checklist (DPR 479IP) ---------------------------------------------------------------------- 6 Exhibit D, Attachment 1 – Project Manual ------------------------------------------------------------------- 16 Exhibit D, Attachment 2 – General Conditions ------------------------------------------------------------- 14

II. SAMPLE AGREEMENT

(The following pages represent a sample of the contract that will be awarded from this IFB. Please review it carefully and present any questions in writing to the contact identified for this IFB.)

State’s Standard Agreement (STD 213PW) ----------------------------------------------------------------- 1

Exhibit A, Scope of Work (DPR 603PW) ----------------------------------------------------------------- 1 Exhibit B, Budget Detail and Payment Provisions (DPR 604PWL) -------------------------------- 1

Exhibit B Attachment 1 – Bid Forms------------------------------------------------------------------- 2 Exhibit C, General Terms and Conditions (incorporated by reference, view/download via http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx) Exhibit D, Special Terms and Conditions (DPR 605PW) --------------------------------------------- 1

Exhibit D, Attachment 1 – Project Manual (included in section I, see above) Exhibit D, Attachment 2 – General Conditions (included in section I, see above)

SAMPLE Payment Bond (required after award of contract) --------------------------------------------- 1 SAMPLE Performance Bond (required after award of contract) --------------------------------------- 1

III. BLANK BID DOCUMENTS (SEPARATE ATTACHMENT)

Bid Document Checklist ------------------------------------------------------------------------------------------ 1 Public Works Bid Form (DPR 482B) and attachments (Exhibit B Attachment 1) ------------------- 2 DVBE Documentation Checklist (DPR 479IP)--------------------------------------------------------------- 1 Bidder’s DVBE Participation (DPR 486) ---------------------------------------------------------------------- 1 Disabled Veteran Business Enterprise Declaration (STD 843)------------------------------------------ 1 Small Business Preference (DPR 85) ------------------------------------------------------------------------ 1 Darfur Contracting Act Certification (DPR 74) -------------------------------------------------------------- 1 Non-Collusion Affidavit (DPR 837) ---------------------------------------------------------------------------- 1 CA Public Contract Code Section 10162 Questionnaire (DPR 20) ------------------------------------- 1 Contractor’s Certification Clauses (CCC-307) --------------------------------------------------------------- 1 http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

DPR 112A (Rev. 5/2011)(Excel 5/5/2011)

State of California - Natural Resources Agency

PUBLIC WORKS

NOTICE TO CONTRACTORS

Prospective bidders may examine and obtain bid forms, specifications, and plans by calling or mailing a request to the office of the Department of Parks and Recreation, at the phone number or address listed above.

No bid will be considered unless it is made on a standard bid form furnished by the Department of Parks and Recreation, and is made in accordance with the "Instructions to Bidders."

Bids must be submitted for the entire work as described herein. The Department of Parks and Recreation reserves the right to waive any irregularity in a bid or to reject any or all bids.

The apparent low bidder will be required to execute a contractual agreement in the form of a "Standard Agreement - Form 213" which shall be binding upon the State of California only upon approval by the State.

Bond requirements for contracts exceeding $5,000 are stated in the General Conditions, DPR 483, Section 00700.

In accordance with the provisions of Section 1770, 1773, and 1773.1 of the Labor Code, the Department has ascertained that the general prevailing rate of wages in the county in which the work is to be done be as listed by the Department of Industrial Relations. A copy of this listing is on file at the address listed above or at www.dir.ca.gov.

Notice of Requirement for Nondiscrimination Program: Your attention is called to the "Nondiscrimination Clause" set forth or referred to herein, which is applicable to all nonexempt State construction contracts, and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth herein. (Refer to General Terms and Conditions at www.ols.dgs.ca.gov/Standard+Language.)

Orange Coast District Shade Canopies - This is an Invitation for Bid.

Sealed Bids must be received by: TUESDAY, APRIL 19, 2016, 3:00 PM, at the following address:

CA Department of Parks and Recreation, Orange Coast District, 3030 Avenida Del Presidente, San Clemente, CA 92672

Scope of Work: Contractor hereby agrees to furnish all labor, material, tools, and equipment necessary to complete the installation of shade structures to increase the life of District fleet by providing covered parking. Install large shade sails to cover the area between the lifeguard building and the ranger building. Approximately 90’x50’ shaded area with 8 footing poles installed into the asphalt approximately 10' deep with a 2' square footprint to be drilled. Backfilled with reinforced concrete

Mandatory Job Showing: THURSDAY, APRIL 14, 2016 at 2:30 PM, in front of the District Office, 3030 Avenida Del Presidente, San Clemente, Orange County, 92672. For directions please call the main reception at 949-492-0802. You must sign in and out of the Mandatory Job Showing in order for your bid to be considered. Because of the nature of this project all square footages, dimensions and locations of areas are approximate; therefore, a pre-bid walk-through for all bidding contractors is mandatory.

Questions: Questions may be submitted in writing, via email to Janice.Lee@parks.ca.gov through FRIDAY, APRIL 15, 4:00 PM. Answers will be emailed, by MONDAY, APRIL 18, 4:00 PM, to all all attendees that signed in and out on the Mandatory Job Showing Attendance Listing only.

Project Representative: Todd Rohm, Staff Services Analyst - 949-324-9130, Todd.Rohm@parks.ca.gov

Project Location: Orange Coast District Office: 3030 Avenida Del Presidente, San Clemente, County of Orange, CA 92672

Required License: Class A or Class B

Project Representative's Estimate: $140,000.00

Project Duration: Thirty (30) 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.

6% DVBE participation is required for this solicitation. A DVBE incentive will be given to bidders who provide DVBE participation above 6%. All bidders must meet the full participation requirement based on the total bid amount in order to be considered eligible to bid.

DPR 482A (Rev. 11/2014)(Excel 11/25/2014)(Page 1 of 3)

DEPARTMENT OF PARKS AND RECREATION

PART 1. GENERAL

Bidder shall carefully examine and thoroughly acquaint himself/herself with the conditions at the site of the work, the plans, the specifications and the provisions contained in the project manual. He/she shall investigate conditions character, quality and quantity of surface, and sub-surface materials of obstacles to be encountered. Failure by the bidder to acquaint himself/herself with site conditions and available information will not relieve him/her from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The submission of a bid will be considered as conclusive evidence that the bidder has made such examination.

A.

Questions pertaining to the Plans and Specifications which may arise during the bidding period shall be directed to the Question and Answer section of the solicitation posted within the advertisement.

B.

Any discrepancies, omissions, ambiguities, or conflicts in or among the contract documents or doubts as to meaning shall be brought to the state’s attention not later than seven days prior to bid opening date.

A.

All interpretations and clarifications will be in the form of written addenda. All bidders are responsible to inquire as to addenda issued. All addenda become part of the contract documents. Any oral representations issued shall be of no force or effect.

B.

Before submitting bids, all bidders must be licensed in the appropriate classification in accordance with provisions in Chapter 9, Division 3, of the “California Business and Professions Code” as amended.

A.

No bidder may bid on work of a kind for which he/she is not properly licensed by the Contractors State License Board, and any such bid received will be rejected. Joint venture bidders must possess a joint venture license.

State shall not award a contract to a bidder, nor shall a bidder be eligible to bid for or receive a contract, who has, in the preceding five years, been convicted of violating a state or federal law respecting the employment of undocumented aliens.

B.

Bids shall be signed and submitted on the Bid Form provided and shall be filled out in the same name style, manner and license number as bidder is licensed with the Contractors State License Board.

C.

Bids exceeding $250,000 shall have enclosed cash, a cashier’s check, certified check, or a bidder’s bond, executed as surety by a corporation authorized to issue surety bonds in the State of California, made payable to “Director of Parks and Recreation,” in an amount equal to at least 10 percent of amount of bid.

No such bid shall be considered unless one of the forms of bidder’s security is enclosed therewith. If bidder’s security is a bidder’s bond, it must be executed on a form approved by the state. Personal checks are not acceptable.

E.

EXAMINATION OF BID DOCUMENTS AND SITE 1.01

DISCREPANCIES 1.02

BIDS AND BIDDERS 1.03

Each bid shall have listed therein the name, address, license number and portion of the work of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of 1/2 of 1 percent of the total bid in accordance with the “Subletting and Subcontracting Fair Practices Act,” commencing with Section 4100 of the Public Contract Code. The contractor agrees that he/she is fully qualified to perform that portion of the work, and that he/she shall perform that portion of the work for which a subcontractor has not been listed.

D.

SECTION 00100

PUBLIC WORKS

INSTRUCTIONS TO BIDDERS

DPR 482A (Page 2 of 3)

Within 10 days after the contract award the Department of Parks and Recreation will return all bidder’s security, other than bidder’s bonds, accompanying proposals that are not to be further considered in making the award. Retained bidder’s security will be held until the contract has been fully executed, after which all bidder’s security, except bidder’s bonds, will be returned.

Bids shall not be qualified. Any proposal modifying the conditions of the bid will be disregarded, or will be cause for rejection of the bid. Deviations from the Plans and Specifications shall not be considered and shall be cause for rejection of the bid.

F.

Bids shall include the cost of all items shown on the Plans, mentioned in the Specifications, or reasonably inferred therefrom as necessary to complete the work within the intent of the contract documents.

G.

Bid shall include all applicable federal, state and other taxes, together with the cost of all permits, licenses and the like, which may be required under various laws and regulations.

H.

No bids exceeding $1,000.00 shall be considered unless a sworn statement is executed by the bidder on the form provided by the state titled “NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID FOR PUBLIC WORKS,” DPR 837, and submitted with the bid. BIDDER’S

SIGNATURE ON THE FORM MUST BE NOTARIZED.

O.

If the contract is awarded, it will be awarded to lowest responsible bidder whose bid complies with all prescribed requirements, which may include a “Small Business Vendor” in accordance with California Code of Regulations, Title 2, Section 1896 et seq.

B.

All bids shall remain valid for 30 calendar days after the bid opening date.

Amounts shall be written in figures. I.

Bids shall be submitted in duplicate in a sealed envelope. This sealed envelope shall be delivered to the place shown prior to the time and date for the bid opening. This envelope must have the return address of the bidder. It is the responsibility of the bidder to see that his/her bid is received in proper time.

Facsimile (FAX) responses will not be considered.

J.

No bids will be accepted after the time set for the bid opening. K.

Bids will be opened and read publicly at the time set for the bid opening, or as soon as practicable L.

Any bid may be withdrawn prior to the time fixed in the Notice to Contractors for submitting bids, provided a request for withdrawal is submitted in writing, signed by the bidder or his duly authorized representative and filed at, or e-mailed to or faxed to the place shown on the Notice to Contractors. An oral, telegraphic, or telephonic request to withdraw or alter a bid proposal is not acceptable.

M.

No bid may be withdrawn after the time fixed in the Notice to Contractors for submitting bids. N.

In the case of a tie bid, the determination of a successful bidder will be made by a coin toss in the presence of all interested bidders, at a time and date set by the state.

P.

1.04 CONTRACT

A.

DPR 482A (Page 3 of 3)

Failure to provide the required executed contract documents within the ten (10) working days, not including Saturdays, Sundays and Legal Holidays may be deemed refusal of an award which may be cause for forfeiture of bidder’s security.

The state may award to the next lowest responsible bidder and avail itself of all legal remedies provided by statute.

The contract shall be binding upon the state only after approval by the state. Should work begin in advance of receiving notice that the Contract is approved, that work shall be considered as having been done by a volunteer and Contractor shall go unpaid.

D.

CERTIFICATE OF INSURANCE 1.05

The contractor shall furnish a Certificate of Insurance to the state as described in General Conditions, DPR 483, Section 00700.

The apparent low bidder shall execute the required number of copies of the contract documents and return them within ten (10) days, not including Saturdays, Sundays and Legal Holidays, after he/she has received notice that he/she is the apparent low bidder. Signature of the apparent low bidder on the contract documents will complete identification of these documents.

C.

CALIFORNIA PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE 1.06

Bidder shall be required to submit a DPR 20 (California Public Contract Code Section 10162 Questionnaire) for bids that exceed $147,000. Failure to submit 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 Department of Parks and Recreation. Failure to submit the required information within the time frame prescribed by the Department of Parks and Recreation may be deemed refusal of an award which shall be cause for forfeiture of bidder’s security.

9-0 Rev 6/2011

Dispute Procedures for Invitation for Bids or Request for Proposals

Public Works Projects

The Public Contract Code makes no provision for the Department of General Services to hear protests for public works contracts.

The Department of Parks and Recreation has adopted the following policy and procedures for handling bid disputes in connection with the letting of public works contracts:

A. If, prior to the award, any bidder files a dispute against awarding a public works contract on the ground that he/she is the lowest responsible bidder meeting the specifications of the solicitation, the contract shall not be awarded until either the dispute has been withdrawn or the matter resolved. Bidders have five working days after notification of award to file written dispute.

Immediately upon receipt of a written bid dispute, Districts/Divisions should forward dispute to the Contract’s Unit Manager.

Exception: Any public works dispute received the by the Service Centers will be addressed by the Northern Service Center staff and signed by the Deputy Director, Acquisition and Development Division.

B. The final disposition of the dispute is determined through written submission from all interested parties and may include written submission from the proposed contract awardee, each in support of its position.

C. The Contract Unit Manager will notify all interested parties in writing of the Department of Parks and Recreation’s decision within thirty (30) calendar days after receipt of all written submissions.

Small Business (SB) Notice 5% Small Business Preference

What is a California Certified Small Business (SB)?

For a business to be considered a Small Business (SB), 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.

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

Your business may be eligible if it meets all of the following:

• Must be independently owned and operated.

• Cannot be dominant in its field of operation.

• Must have its principal office located in California.

• Must have its owners (or officers in the case of a corporation) domiciled in California.

• Together with its affiliates, be either:

° A business with 100 or fewer employees, and an average annual gross receipts of $14 million or less over the previous three tax years, or ° A manufacturer with 100 or fewer employees.

• Microbusiness: A small business will automatically be designated as a microbusiness if gross annual receipts, together with all affiliates, are less than $3,500,000 or, the small business is a manufacturer with 25 or fewer employees.

Please see the following website for more information about SB certification benefits and eligibility requirements: http://www.pd.dgs.ca.gov/smbus/sbcert.htm

What is the SB Preference?

State law allows certified small business (SB) and microbusiness (MB) firms to receive a 5% bidding preference on applicable state solicitations. The 5% preference is also available for non-certified businesses who subcontract 25% of contract amount with a certified SB/MB.

The effect of the preference is to help SBs/MBs be more competitive in the bid process, thereby enhancing state contract awards directly or indirectly to SB/MB. The preference is only used for computation purposes to determine the winning bidder, the contract is awarded at the actual bid amount.

http://www.pd.dgs.ca.gov/smbus/sbpref.htm

In no event shall the SB preference or non-SB subcontracting preference exceed $50,000 in any single bid.

Bid After 5% Preference

$30,750

$28,975

$29,520

$28,421

DPR 478 (Page 2 of 3)

2 $28,975 Does not claim to be a small business

3 $29,520 Claims small business status, but their CA certification has expired

4 $29,870 Claims small business and is CA Certified

Bidder Bid Amount Small Business Status

1 $30,750 Claims small business status, but is not CA certified

How does the 5% Small Business Preference Work?

The following example shows how the 5% preference computation works, and how it is used to determine a successful bidder.

Computation Method

Five percent is applied to the lowest (non-certified small business) responsible bid ([Bidder 2] $28,975 x .05 = $1448.75).

The preference amount ($1,448.75) is subtracted from the certified small business (Bidder 4’s) bid amount ($29,870 - $1,448.75 = $28,421.25).

Bidder 4’s computed total is $28,421.25, making them the lowest bidder.

The contract is awarded to Bidder 4 for $29,870.

NOTE: The 5% preference is used only for computation purposes to determine the successful bidder and does not alter the amounts of the actual bids.

Documentation

Please provide a printout from the eProcurement website showing your certification and expiration date. https://www.bidsync.com/DPXBisCASB

If a non-certified firm is claiming the SB Preference based on subcontracting at least 25% of the contract to a certified SB/MB, you must include a complete DPR 85 with your bid.

Information submitted by the bidders to claim the SB Preference 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.

The State of California www.pd.dgs.ca.gov/smbus 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 OSDCHelp@dgs.ca.gov

DPR 478 (Page 3 of 3)

To locate SB/MB contractors:

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

Access the list of all certified SB/MBs by using the Department of General Services, Procurement Division (DGS-PD) online certified firm database at http://www.bidsync.com/DPXBisCASB 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 SB/MB.

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 (View CSCR Ads).

The State of California, Department of General Services, 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 SB/MB contractors. For more information, please contact OSDS to find out more:

http://www.pd.dgs.ca.gov/smbus mailto:OSDCHelp@dgs.ca.gov

DPR 479IP (New 2/2010)(Excel 2/22/2010)(Page 1 of 6)

Disabled Veteran Business Enterprise (DVBE) Notice

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

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.

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

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)

DPR 479IP (Page 2 of 6)

What is a Disabled Veteran Business Enterprise (DVBE)?

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:

http://www.pd.dgs.ca.gov/smbus/dvbecert.com.

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.

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 is expected 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.

What is the DVBE participation requirement?

6% DVBE participation is required for this solicitation. A DVBE incentive will be given to bidders who provide DVBE participation above 6%. All bidders must meet the full participation requirement based on the total bid amount in order to be considered a responsive bidder.

PLEASE NOTE: If, for this agreement, 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:

• the total amount the prime contractor received under the contract

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

• the amount each DVBE received from the prime contractor

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

• the actual percentage of DVBE participation that was achieved

DPR 479IP (Page 3 of 6)

You will be required to report to DPR the actual dollars spent with each DVBE subcontractor on DPR 489. 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))

What is the DVBE Incentive Program?

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.

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.

Who is eligible to receive the incentive?

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

Documentation

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

• DPR 486, Bidder’s DVBE Participation

• STD. 843, DVBE Declarations

DPR 486, Bidder’s DVBE Participation: The DPR 486 is used to document the proposed prime contractor and subcontractors, including their roles and responsibilities. The form must be submitted with the bid package.

STD. 843, DVBE Declarations: All disabled veteran owners and disabled veteran managers of the DVBE must complete the form and submit it with the bid package. A STD. 843 needs to be submitted by every DVBE supplier who is part of a bid whether they are the prime or a sub.

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.

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.

Table A – 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 (Page 4 of 6)

7% - 7.99% 2% of lowest responsive and responsible bid

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

Final Rank:

Bidder Name

Original Bid Price

DVBE Participation for certified DVBE Prime or Subcontractors

Initial Ranking

DVBE Incentive (from Table A) Incentive Amount (% x Lowest Responsive and Responsible Bid Price)

6.01% - 6.99% 1% of lowest responsive and responsible bid

8% - 8.99% 3% of lowest responsive and responsible bid

Confirmed DVBE Participation of DVBE Incentive Amount for IFB

10% or more 5% of lowest responsive and responsible bid

9% - 9.99% 4% of lowest responsive and responsible bid

How does the DVBE Incentive Program Work?

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.

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.

Computation Method

The State of California www.pd.dgs.ca.gov/smbus 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 OSDCHelp@dgs.ca.gov

DPR 479IP (Page 5 of 6)

Substitution of Proposed DVBE

• 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.

• The notice must include a minimum of: (1) a written explanation of the reason for the substitution;

and (2) an updated DPR 486 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.

• 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.

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). 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.

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).

To locate DVBE contractors:

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 – www.parks.ca.gov/advocate.

Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD) online certified firm database at http://www.bidsync.com/DPXBisCASB 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 (View CSCR Ads).

The State of California, Department of General Services, 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 contact OSDS to find out more:

http://www.pd.dgs.ca.gov/smbus mailto:OSDCHelp@dgs.ca.gov

DPR 486 - Part 2

STD. 843

DPR 479IP (Page 6 of 6)

DPR 486 - Part 1

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

DVBE Documentation Checklist

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.

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.

PLEASE NOTE: INCOMPLETE DOCUMENTATION (DPR 486 AND STD. 843) MUST RESULT IN

DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE SELECTION PROCESS FOR THE

CONTRACT.

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.

Signed “Bidder’s Certification”

A completed and signed STD. 843 is included with the bid for every DVBE (whether prime or sub) included.

DISTRICT SHADE STRUCTURE

SCOPE OF WORK

Contractor hereby agrees to furnish all labor, material, tools, and equipment necessary to complete the installation of shade structures to increase the life of District fleet by providing covered parking. Install large shade sails to cover the area between the lifeguard building and the ranger building. Approximately 90’x50’ shaded area with 8 footing poles installed into the asphalt approximately 10' deep with a 2' square footprint to be drilled. Backfilled with reinforced concrete. Location of this project is the Orange Coast district Office compound yard at 3030 Avenida del Presidente, San Clemente, CA. 92672. Because of the nature of this project all square footages, dimensions and locations of areas are approximate; therefore, a pre-bid walk-through for all bidding contractors is mandatory.

Agreement Number: C1546040 Exhibit D Attachment 1 (Project Manual)

SECTION 00100

SUMMARY OF WORK

PART 1 – GENERAL

1.01 PROJECT INTENT

A. The park unit and staff buildings will remain open at all times during the term of this contract.

B. The intent of this project is to perform the work as described in all specifications for this project, as directed by the State Representative. This completed work will be clean, sanitary, safe, presentable and ready for the use intended.

1.02 JOB CONDITIONS

A. It is recommended the contractor visit the job site and examine all specifications and note all conditions that may affect their work and performance in fulfilling the contract. Non-inspection of the job site will not be grounds for recession from after award of contract has been made to successful bidder.

B. Where major discrepancies are found between the specifications and the actual field condition, the State Representative will be notified and approval will be obtained before proceeding with the work.

C. Contractor will make minor deviations as necessary to conform to the job requirements.

D. Contractor will accurately lay out the work in conformance with locations as directed by the State Representative and establish any other references as required for the work.

E. Interference with State Park operations will be kept to a minimum because the area may be open to the park staff. Contractor will keep traveled way reasonably clean and free of material and so that normal drainage, pedestrian and vehicular travel may be maintained.

F. If work is to be performed in an area where the park staff might be exposed to a contractor produced hazard (pavement removal, trenching, equipment, etc.) adequate safety marking and barricades must be on the job site at the same time the work is in progress. In the event the hazard remains during the hours from sunset to

Agreement Number: C1546040

Section 00100 sunrise, either planned or not, adequate warning lights will also be required to be installed prior to the contractor leaving the job site.

G. Contractor will be liable for ay damages to State Park property.

Existing features not specified to be altered by work of this contract will be protected from damages. Any such feature damaged will be repaired or replaced to a condition equal to that existing before the beginning of the contract, to the satisfaction of the State Representative at the contractor’s expense.

H. The State will furnish water but the Contractor will provide its transportation to the work area. All such costs will be at the Contractor’s expense and no additional compensation will be allowed.

I. Contractor may have use of a predetermined area to use as a storage yard, if required and approved by the State Representative.

J. Construction will progress only when weather conditions will not detrimentally affect the quality of the finished product.

K. Contractor will supply all safety items such as signs and barricades to keep the par staff out of the construction area, and all costs will be at the contractor’s expense.

L. Contractor will not litter the area with debris and will leave the area clean and secure at the completion of each work day.

M. At all times during the progress of the herein described work, the contractor will be responsible for the protection of all vegetation.

No cutting, bruising, breaking, tearing or other damage to any vegetation will be permitted, except as directed by the State

Representative.

N. District compound yard will remain open during the project.

Contractor will install traffic cones, delineators and traffic control to safely divert traffic.

O. All work will be performed between the hours of 7:00 AM to 4:00 PM, Monday through Friday (no working on Saturday or Sunday or legal holidays).

P. All contractors and sub-contractors will be subject to all State Park Rules and Regulations while working on State Park property.

Q. Contractor will supply “Material Safety Data Sheets” for all materials on this project prior to start of work date.

1.03 QUALITY ASSURANCE

A. All work performed in this contract will be performed according to the following:

1. Manufacturer’s specifications.

2. Latest edition of the Uniform Building Code.

3. Latest edition of the State of California, Department of

Transportation Standard Specifications.

4. Latest edition of CalDAG (California Disabled Accessibility Guidebook).

5. All requirements of the Environmental Protection Agency.

6. All requirements of the Air Quality Management District

7. Satisfaction of the State Representative.

B. Material and/or equipment will be rejected by the State’s Representative if it fails to perform satisfactorily.

1.04 PRODUCT DELIVERY, STORAGE AND HANDLING

A. Product delivery, storage and handling will be per manufacturer’s recommendations and as approved by the State Representative.

B. Material and equipment will be stored in a location approved by the

State Representative.

1.05 TIMING

A. Construction will occur so as to minimize the inconvenience to the park staff, as approved by the State Representative.

1.06 APPLICATION

A. All discussion in this specification will apply to all other appropriate specifications included in this contract.

1.07 GUARRANTEE

A. All materials and work performed in this contract will be guaranteed for ONE (1) YEAR from date of contract acceptance.

1.08 SUBMITTALS

A. The contractor will submit a written schedule, including start and duration, of contract items, to the State Representative. This schedule shall be approved by the State Representative prior to the performance of any work on State Property.

1.09 REFERENCES

A. Refer to Specifications, “District Shade Structures , Scope of Work” of these specifications.

B. Refer to Section 00100, “Summary of Work” of these specifications.

C. Refer to Section 00804, “Disposal of Refuse” of these specifications.

D. Refer to Section 00806, “Trash Removal” of these specifications.

E. Refer to Section 03301, “Minor Concrete” of the specifications.

PART 2 – PRODUCTS (NOT USED)

PART 3 – EXECUTION (NOT USED)

- END OF SECTION -

SECTION 00804

DISPOSAL OF REFUSE

1.01 DESCRIPTION

A. Dispose of all waste, refuse, debris and rubbish resulting from the construction of this project.

B. If excess excavation spoils can not be suitably disposed of on State property, as directed by the State’s Representative, it shall be hauled away at the contractors expense.

1.02 PAYMENT

A. Payment for all work to be done under this Section will be considered as included in the lump sum bid price as shown on Page 2 of the Bid Form.

No other compensation will be allowed by the State.

PART 3 – EXECUTION

3.01 REQUIREMENTS

A. Remove waste materials, debris and rubbish from site and legally dispose of at public or private dumping areas off State property.

B. Conduct cleaning and disposal operations to comply with local ordinances and anti-pollution laws.

1. Do not burn or bury rubbish and waste materials on project site.

2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains.

3 Do not dispose of wastes into streams or waterways.

SECTION 00806

TRASH REMOVAL

This work consists of removing from State property all man-made waste, refuse and rubbish, hereafter referred to as trash, from those areas shown on the plans and as described by the State’s Representative.

1.02 PAYMENT

Payment for all work to be done under this Section will be considered as included in the lump sum bid price as shown on Page 2 of the Bid Form. No other compensation will be allowed by the State.

1.03 RELATED WORK SPECIFIED ELSEWHERE (NOT USED)

1.04 QUALITY ASSURANCE

Trash shall be removed to the satisfaction of the State’s Representative.

3.01 REQUIREMENTS

A. Conduct cleaning and disposal operation to comply with local ordinances and anti-pollution laws.

B. Remove trash from State property and legally dispose of at dumping areas off State property.

C. The contractor may elect to use any mechanical means to remove trash provided any excavation resulting in depressions be graded so as not to entrap standing water.

D. Trash, as referred to herein, shall include all man-made material that will not easily pass between the teeth of a standard garden rake. Natural materials need not be removed unless so mixed with trash that separation becomes impractical or as directed by the State’s Representative.

SECTION 13 31 23

PRE-ENGINEERED FABRIC TENSION STRUCTURES

PART 1 – GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this section.

1.2 SUMMARY

A. A single CA licensed shade structure contractor shall be responsible for the design, wet stamped engineering drawings, permitting, fabrication, supply and installation of the work specified herein. The intent of this specification is to have only one shade contractor be responsible for all the above functions.

1.3 SUBMITTALS

1.3.1 With Bid Submittals:

A. Provide proof of installed reference sites with structures for similar scope of project and installation that are engineered to CBC specifications. Include in reference list structures meeting the following size and criteria with install dates and project locations similar to this unit shown on bid documents.

B. Provide a minimum of 7 fabric samples to demonstrate fabric color range and powder coat color selections. Also provide letter of authorization from fabric manufacture for use of the specified fabric.

C. Provide proof of all quality assurance items including;

1. A list of at least 3 reference projects in CA that have been installed a minimum of 12 years.

2. Proof of General liability, Professional liability and umbrella insurance as per section 1.4 B

3. Proof of current CA contractor’s license Class A or Class B.

4. Proof of current City of Los Angeles Approved Fabricators License

5. Proof of a minimum of $6,000,000 aggregate bonding capacity.

6. Proof of IAS certification as per section 1.4 D

7. Proof of a Corporate Safety Program along with an Injury & Illness

Prevention Program.

8. Proof of an Annual Maintenance Inspection Program

1.4 QUALITY ASSURANCE

A. All bidders shall have at least 12 years’ experience in the design, engineering, manufacture, and installation of structures, engineered to California Building Code requirements with similar scope and a successful construction record of in-service performance.

B. All bidders shall be able to provide proof with bid submittal of a minimum of $1,000,000 general/public liability insurance, $3,000,000 professional liability (PL) insurance and additional $5,000,000 umbrella/excess liability insurance.

C. All bidders shall be a licensed contractor in the state of California and shall be bonded and provide proof of a minimum bonding capacity of $6,000,000 with bid.

Agreement Number: C1546040

D. Manufacture shall have a City of Los Angeles approved fabricators license and be accredited by the IAS (International Accreditation Service) for Structural Steel Fabrication under IBC 2012 Section 1704.2.2

1.5 PROJECT CONDITIONS

A. Field Measurements: Verify layout information for shade structures shown on the Drawings in relation to the property survey and existing structures, and verify locations by field measurements prior to construction.

B. There shall be a mandatory pre-bid job walk with the State Park Representative at the Orange Coast District Office Compound Yard to review the existing structures and location of the new structures.

1.6 WARRANTY

1. The successful bidder shall provide a 12 month warranty on all labor and materials.

2. A supplemental warranty from the manufacturer shall be provided for a period of 10 years on fabric and 10 years on the structural…