C1539021_-_Mt_D_water_testing_Bid_Package.pdf

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

DEPARTMENT OF PARKS AND RECREATION Lisa Ann L. Mangat, Director Bay Area District 845 Casa Grande Road Petaluma, CA 94954

INVITATION FOR BIDS

Notice to Prospective Bidders

January 27, 2016

You are invited to review and respond to this Invitation for Bid (IFB), entitled C1539021, Water Testing for Mount Diablo State Park. 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 General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site www.ols.dgs.ca.gov/standard+language. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of California State Parks this IFB is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person is:

Jeff Patterson, M.S.T.

Bay Area District

845 Casa Grande Road Petaluma, CA 94954

Phone: (707) 769-5652 ext. 234 Fax: (707) 769-5675

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

http://www.ols.dgs.ca.gov/contracts

CALIFORNIA STATE PARKS

INVITATION FOR BIDS

For

Water and Sewage Sample Analysis

Mount Diablo State Park

Contract Number: C1539021

January 2016

State of California - The Resources Agency Department of Parks and Recreation

Bay Area District 845 Casa Grande Road

Petaluma, CA 94954

DPR 479IW (New 2/2010)(Excel 2/17/2010)(Page 1 of 5)

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

Disabled Veteran Business Enterprise (DVBE) Notice

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 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 DVBE Participation Requirement for this solicitation has been waived – however the DVBE Incentive still applies.

There is no minimum DVBE participation requirement for this solicitation.

DVBE Incentive for Invitation For Bid (IFB) (Participation Requirement Waived)

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

DPR 479IW (Page 2 of 5)

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.

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

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))

Who is eligible to receive the incentive?

Any responsive and responsible bidder who has attained .01% DVBE participation or higher.

Documentation

Bidders must document 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 rece ive the DVBE incentive. 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 require ments 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

0% 8% 4.5%

1 3 2 n/a 5% 4% n/a

$4,900.00

(5% x $98,000)

$3,920.00

(4% x $98,000) n/a

97,100.00

($102,100 - $4,900)

96,080.00

($100,000 - $3,920)

3 2 1

DPR 479IW (Page 3 of 5)

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)

.01% - 1.99% 1% of lowest responsive and responsible bid

Confirmed DVBE

Participation of DVBE Incentive Amount for IFB

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

4% - 4.99% 4% of lowest responsive and responsible bid

3% - 3.99% 3% of lowest responsive and responsible bid

2% - 2.99% 2% 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 479IW (Page 4 of 5)

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 479IW (Page 5 of 5)

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 firm may benefit from the DVBE Incentive program. We encourage all suppliers to obtain as much DVBE participation as possible.

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.

DPR 478 (New 2/2010)(Excel 2/22/2010)(Page 1 of 3)

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

DEPARTMENT OF PARKS AND RECREATION

Water Testing Mt. Diablo State Park

TABLE OF CONTENTS

Number of Pages

Cover Pages---------------------------------------------------------------------------------------------------------- 2

Disabled Veteran Business Enterprise (DVBE) Notice (DPR479IW) ----------------------------------- 5

Small Business Notice (DPR478) ------------------------------------------------------------------------------- 3

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

Invitation for Bids/Instructions to Bidders (DPR940A) ------------------------------------------------------ 3

Standard Agreement (STD 213) (SAMPLE) ------------------------------------------------------------------ 1

Exhibit A, Scope of work (SAMPLE) ------------------------------------------------------------------------- 1

Exhibit A, Attachment 1 ---------------------------------------------------------------------------------------- 1

Exhibit B, Budget Detail (SAMPLE) -------------------------------------------------------------------------- 1

Exhibit B, Attachment 1, Bid Form (SAMPLE) ------------------------------------------------------------- 1

Exhibit C, General Terms & Conditions (view and download

Via www.ols.dgs.ca.gov/Standard+Language) -------------------------------------------------------

Exhibit D, Special Terms and Conditions (SAMPLE) ---------------------------------------------------- 4

Payee Data Record (STD 204) (SAMPLE) ------------------------------------------------------------------- 2

CCC Certification (SAMPLE) ------------------------------------------------------------------------------------- 4

Bid Documents

Refuse Disposal Service Bid Form (DPR 940B) (Two copies of two pages) ------------------------- 4

Bidder’s DVBE Participation - DPR 486 (if applicable) ----------------------------------------------------- 1

Disabled Veterans Business Enterprise Declarations - Std. 843 (if applicable) --------------------- 1

Small Business Subcontractor Participation Worksheet (DPR 85) -------------------------------------- 1

Darfur Contracting Act Certification (DPR 074) -------------------------------------------------------------- 1 http://www.ols.dgs.ca.gov/Standard+Language

C1539021

Date:

Time:

Location:

at

Department of Parks and Recreation

Contact Person:

Phone No.:

E-mail:

DPR 940A (Rev. 7/2011)(Excel 7/20/2011)(Page 1 of 3)

Notice to Proceed through 2/28/2018

96 Mitchell Canyon Road, Clayton, CA 94517

2/19/2016

2:00 PM

California State Parks, Bay Area District 845 Casa Grande Road

Petaluma, CA 94954

Bay Area District

Petaluma, CA 94954

845 Casa Grande Road

Jeff.Patterson@parks.ca.gov

Jeff Patterson

707-769-5652 x234

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

Prospective bidders may examine and obtain specifications and bid forms, or receive assistance with questions regarding this Invitation for Bids by calling, e-mailing or mailing a request to:

1.

At the above time and place the bids will be publicly opened and read for furnishing services, material, or equipment, or to perform all work required to:

complete and ready for use in accordance with plans and specifications and such addenda as may be issued prior to bid opening date.

Additional requirements/information are as follows:

The anticipated performance period of the contract is

Bids shall take into consideration all such conditions as may affect the work. Bidder should carefully examine the entire bid documents and become fully aware of the nature and location of the work, the quantities of work, and conditions to be encountered in performing the work.

2. Bid documents consist of all forms, instructions, notices, specifications, and any addenda thereto, that describe the project or services to be performed and the requirements for bidding. All bidders are responsible to inquire as to addenda issued.

Sealed bids will be accepted by the Department of Parks and Recreation until the following date and time, at the following location.

3. Bids shall be submitted in duplicate a sealed envelope. This envelope shall include the return address of the bidder, be marked "Bid - Do Not Open" and delivered to the place shown above prior to the time and date of the bid opening. It is the responsibility of the bidder to ensure that his/her bid is received in proper time.

Facsimile (Fax) responses will not be considered.

SERVICE CONTRACTS

INVITATION FOR BIDS/INSTRUCTIONS TO BIDDERS

CONTRACT/BID NO.:

4. No bids will be accepted after the date and time set for the bid opening.

5. Prices shown on the Bid Form shall include all applicable taxes and other items of expense incident to the bid price.

6. Any bid may be withdrawn prior to the hour fixed above, provided that the written request for withdrawal is submitted by the bidder or his/her duly authorized representative and filed at, e-mailed to or sent by FAX to the place shown above. An oral or other form of request to withdraw a bid is not acceptable.

7. Bids will be opened and read publicly at the time and place indicated above. Bidders or their authorized agents are invited to be present.

8. Bids may be rejected if they show any alterations to form, additions not called for, conditioned bids, incomplete bids, or irregularities of any kind. Only those bids which cover all the work outlined will be considered. The State reserves the right to reject any or all bids.

9. If the contract is awarded, it will be awarded to the lowest responsible bidder whose bid complies with the prescribed requirements.

10. 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 originating office.

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

12. The basic agreement for contracting with the State, "STD. 213 - Standard Agreement," is included in bid documents in sample form for informational purposes.

13. The contract shall be signed by the successful bidder and returned within five (5) working days after the bidder receives notice that the contract has been awarded.

14. The contract shall be a binding contract upon the State only after approval by the State.

DPR 940A (Page 2 of 3)

A. Upon written request by any bidder who has submitted a bid, the agency must post a notice of the proposed contract award in a place accesible by the general public including any internet site identified in the IFB at least five days prior to awarding the contract.

If contract is not awarded to the low bidder, the low bidder shall be notified by FAX, overnight courier, e-mail, or personal delivery five (5) working days prior to the award of contract.

Procedure for Protesting an Award

B. Inspection of bids is permitted as follows:

C. There are time limits in which to file a protest. A protest must be filed with the agency and DGS after notice of intent to award the contract, but before the actual award.

D. Once a protest is filed the contract may not be awarded until the protest is withdrawn or DGS has rendered a decision.

After bid opening, all bids shall be available for public inspection. 1.

DPR 940A (Page 3 of 3)

A copy of the written protest should be sent to:

Department of Parks and Recreation Administrative Services Division Manager, Contract Services Unit

P.O.Box 942896 Sacramento, CA 94296-0001

Protests of award shall be in writing and filed with:

Department of General Services

Office of Legal Services Attention: Protest Coordinator

707 Third Street, 7th Floor West Sacramento, CA 95605

E. After filing a protest, the protestant has five calendar days to file a detailed written statement of the protest grounds if the original protest did not contain the complete grounds for the protest.

through

Exhibit A - Scope of Work page(s)

Exhibit B - Budget Detail and Payment Provisions page(s)

Exhibit C* - General Terms and Conditions

Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) page(s)

Exhibit - D* Special Terms and Conditions

Exhibit E - Additional Provisions pages

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

STATE OF CALIFORNIA

C1539021

CONTRACTOR

Check mark one item below as Exhibit D:

STATE OF CALIFORNIA

STANDARD AGREEMENT

STD 213 (Rev 06/03)(CA ST PKS, EXCEL 10/20/2004)

AGREEMENT NUMBER

REGISTRATION NUMBER

STATE AGENCY'S NAME

CONTRACTOR'S NAME

CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)

BY (Authorized Signature) DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

AGENCY NAME

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

The term of this

Agreement is:

The maximum amount of this Agreement is:

The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

This Agreement is entered into between the State Agency and Contractor named below: 1.

2.

3.

4.

California Department of General Services Use Only

Exempt per:

BY (Authorized Signature)

ADDRESS

CONTRACTOR STATE AGENCY DEPT. OF GEN.SER. CONTROLLER ACCOUNTING SVS.

Contractor's Name:

Agreement Number:

Page: 1 1

SCOPE OF WORK

1. Contractor agrees to provide to the Department of Parks and Recreation (DPR) services as described herein:

2. The services shall be performed at:

3. The services shall be provided during:

4. The project representatives during the term of this Agreement will be:

State Agency: Contractor:

Section/Unit: Section/Unit:

Attention: Attention:

Address: Address:

City/State/Zip Code: City/State/Zip Code:

Phone: Phone:

Fax: Fax:

E-mail Address: E-mail Address:

DPR 603 (Rev. 2/2011)(Excel 2/10/2011)

C1539021

Department of Parks and Recreation

EXHIBIT A

(Standard Agreement)

CONTRACT NUMBER C1539021

EXHIBIT A, ATTACHMENT 1

LABORATORY CERTIFICATION:

1. All contractors performing sample analysis must have an Environmental Laboratory Accreditation Program Certification and will provide evidence of such certification upon request by the State.

SAMPLE BOTTLES AND TRANSPORTATION CONTAINERS:

1. The Contractor will be responsible for providing all sample kits and replenishment sample kits for transportation to their laboratory facility. Sample kits and replenishing sample kits will contain the following items:

A. Cooler B. Ice Packs C. Bottles D. Labels E. Ziplock Bags F. Chain of Custody

2. All samples will be collected by Park Staff and placed in the containers provided by the contractor as stated above.

SAMPLE TRANSPORTATION:

1. After sample collection, park staff will deliver samples to the following location: South Gate Entrance Station – 2699 South Gate Road – Danville, CA 94506, which is an area within Mount Diablo State Park.

2. The Contractor must establish a courier service, at their own expense to pick up samples for transportation from above said location to their laboratory facility for testing.

3. The Contractor will retrieve the collected samples from Mount Diablo State Park, South Gate Entrance Station – 2699 South Gate Road, Danville, CA 94506 at 1300 hours on the second (2nd) and fourth (4th) Tuesdays of each month during the contract duration. Park staff need not be present at 1300 hours on prescribed days if it is not convenient to be.

SAMPLE TESTING REQUIREMENTS:

1. The Contractor will provide water sample testing for a period of 24 months (two years) of water samples taken from Mount Diablo State Park. Water sample testing will consist of the following during the length of the contract:

A. Ten (10) samples per month for Total Coliform Bacteria + E. Coli (P/A) for 24 months.

B. First (1st) year (2016) of the contract State Parks will require nine (9) Annual “Nitrate as

NO3” tests and for the second (2nd) year (2017) of the contract State Parks will require nine (9) Annual “Nitrate as NO3” tests.

C. During the second (2nd) year (2017) of the contract State Parks will require nine (9) tests for “Nitrite as N”.

D. State Parks reserves the right to add up to twenty (20) additional Total Coliform Bacteria + E. Coli (P/A) tests during the 24 months (two years) contract period to be billed at the same sample testing rate as stated in bulleted point A of paragraph 1 for Sample Testing Requirements.

CONTRACT NUMBER C1539021

EXHIBIT A, ATTACHMENT 1

REPORT REQUIREMENTS:

1. The Contractor will report results of samples on a five (5) day turnaround time frame to the Department of Parks and Recreation for the Bay Area District.

2. If a sample turns “Present” for Total Coliform or E. Coli the Contractor will contact State park staffs by cell phone on Wednesday night after the samples were received so that State park staff can expedite resampling. The Contractor will retrieve resamples on Thursday at the prescribed time and location set forth by State park staff. The following State park staff will be contacted by the Contractor in the event that a sample turns “Present” for Total Coliform or E.

Coli. The following State park staff will be notified immediately by the Contractor if above said condition occurs (in order shown):

A. Gary Gray, Water & Sewage Plant Supervisor at cell phone number – (650) 868-2237 B. Monte Rowan, Park Maintenance Chief at cell phone number – (707) 816-7320 C. Rich Ables, Chief Water & Sewage Plant Operator at cell phone number –

(707) 331-0680

3. If requested by State Parks the Contractor will forward hard copy results of all lab work directly to the Division of Drinking Water office in Richmond, California.

4. Contractor will prepare a custom Change of Custody (COC) for annual Nitrate sampling to ensure that all sample results are correctly uploaded to the State database.

5. Upon completion of testing, sample analysis reports will be sent via e-mail from the laboratory to the following State Park staff:

A. Gary Gray, Water & Sewage Plant Supervisor for Mount Diablo State Park at

Gary.Gray@parks.ca.gov B. Monte Rowan, Park Maintenance Chief for Mount Diablo State Park at

Monte.Rowan@parks.ca.gov.

C. The sample analysis will also be mailed by the Contractor to: Department of Parks and

Recreation - Bay Area District Office – Attn: District Maintenance Chief - 845 Casa Grande Road, Petaluma, CA 94954 mailto:Gary.Gray@parks.ca.gov mailto:Monte.Rowan@parks.ca.gov

Page: 1 1

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified in

, marked Exhibit B, Attachment 1, which is attached hereto and made a part of this Agreement.

B. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to:

2. Budget Contingency Clause

A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this

Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the

State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

4. Timely Submission of Final Invoice

A. A final undisputed invoice shall be submitted for payment no more than ninety (90) calendar days following expiration or termination date of this Agreement, unless a later or alternate deadline is agreed to in writing by the project representative. Said invoice should be clearly marked "Final Invoice," thus indicating that all payment obligations of the State under this Agreement have ceased and that no further payments are due or outstanding.

B. The State may, at its discretion, choose not to honor any delinquent final invoice if the Contractor fails to obtain prior written State approval of an alternate final invoice submission deadline. Written State approval shall be sought from the project representative prior to the expiration or termination date of this Agreement.

DPR 604 (Rev. 4/2006)(Excel 4/26/2006)

C1539021

EXHIBIT B

(Standard Agreement) of

DPR 940B (Rev. 5/2011)(Excel 5/5/2011)

02/01/2016

Mt. Diablo State Park

Mt. Diablo Water Testing

2/19/2016

C1539021

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

SERVICE CONTRACTS BID FORM

DATE

UNIT

PROJECT

BID OPENING

FIRM NAME FAX NO.

ADDRESS CITY/STATE/ZIP CODE

STATUS OF BUSINESS (check appropriate box.)

Individual.

Corporation. State in which incorporated:

Partnership. Full names of partners:

DEPARTMENT OF PARKS AND RECREATION

TITLE

DATE

BIDDER'S PRINTED NAME

LICENSE CLASSIFICATION ARE YOU CLAIMING PREFERENCE AS A SMALL BUSINESS?

No Yes. Small Business Certification No.

THE STATE RESERVES THE RIGHT TO WAIVE ANY IRREGULARITY IN ANY BID OR TO REJECT ANY OR ALL BIDS.

The undersigned hereby proposes to furnish services, materials, or equipment, or to perform all work required in accordance with the bid documents for the foregoing titled project, and such addenda thereto as may be issued prior to bid opening date.

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.

Disabled Veteran Business Enterprise Participation In accordance with Public Contract Code Section 10115, the Department of Parks and Recreation has established criteria to implement the disabled veteran business enterprise (DVBE) program goal which bidder must meet; provided, however, the DVBE participation requirement is included herein and made part of the bid documents. (See DVBE Notice included in solicitation for details.)

Small Business Preference A five percent preference will be granted to any bidder currently certified by the Department of General Services as a California Small Business. (See Small Business Notice included in solicitation for details.)

Exhibit B, Attachment 1

PHONE NO.

BIDDER'S SIGNATURE (Signature)

FEDERAL EMPLOYER ID NO.

CONTRACT NUMBER

The undersigned is duly authorized to submit this bid on behalf of the company.

Page: 1 4

SPECIAL TERMS AND CONDITIONS

1. Insurance Requirements

A. Policy

B. Coverage (Additional coverage beyond the following, when required, shall be identified through an attachment to this exhibit.)

C. Endorsements (The following must appear on the Endorsement Page.)

D. Contractor’s Additional Responsibilities

DPR 605S (Rev. 10/2013)(Excel 10/28/2013)

C1539021

EXHIBIT D — SERVICES

(Standard Agreement) of

The Certificate of Insurance shall: (a) be in a form acceptable to State; (b) be written by an insurer acceptable to State; (c) be maintained at Contractor’s sole expense; (d) be in full force for the complete term of the agreement; (e) be primary, and not in excess to any insurance carried by State; (f) be furnished to State within fifteen (15) days, upon request.

When Contractor submits a signed agreement to State, Contractor shall furnish to State a Certificate(s) of Insurance and endorsements in compliance with the following requirements:

General Liability Insurance: Contractor shall procure commercial general liability insurance covering liability arising out of premises operations, products/completed operations, independent contractors, personal/advertising injury and liability assumed under an insured contract with limits not less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. Said policy shall apply separately to each insured against whom any claim is made or suit is brought subject to Contractor’s limits of liability.

Motor Vehicle Liability Insurance: Contractor shall maintain motor vehicle liability insurance with limits not less than $1,000,000 combined single limit each accident. Such insurance shall cover liability arising out of an accident involving a motor vehicle in use by Contractor, including, but not limited to, Contractor owned, hired, and non-owned motor vehicles.

Worker’s Compensation and Employer’s Liability Insurance: Contractor shall maintain statutory worker’s compensation and employer’s liability insurance for all of Contractor’s employees who will be engaged in the performance of work on the property, including special coverage extensions where applicable.

Additional Insured: That the State of California, its officers, agents, employees and servants are included as additional insured, but only insofar as the operations under this agreement are concerned.

The endorsements are to be provided for the general liability and motor vehicle liability policies.

Waiver of Subrogation: When work is performed on State-owned or controlled property the Workers' Compensation and Employers' Liability policy shall be endorsed with a waiver of subrogation endorsement in favor of the State. This endorsement shall also be provided.

Contractor is responsible for any deductible or self-insured retention contained within the insurance program. Contractor shall notify the State within ten (10) days of contractor receiving a notice of cancellation or non-renewal of insurance policies required in this agreement.

Page: 2 4

E. Insurance Companies

F. State Remedies

2. Licenses and Permits

DPR 605S

C1539021 of

Contractor shall be an individual or firm licensed to do business in California and shall obtain at its expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this agreement.

If Contractor is located within the State of California, a business license from the city/county in which it is headquartered is necessary; however, if Contractor is a corporation, a copy of the incorporation documents/letter from the Secretary of State’s Office can be submitted. If Contractor is located outside the State of California, Contractor shall submit to State a copy of the business license or incorporation papers for the respective state showing that the company is in good standing within that state.

In the event, any license(s) and/or permit(s) expire at any time during the term of this agreement, Contractor agrees to provide State with a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event Contractor fails to keep in effect at all times all required license(s) and permit(s), State may, in addition to any other remedies it may have, terminate this agreement upon occurrence of such event.

EXHIBIT D — SERVICES

(Standard Agreement)

Contractor shall ensure that all subcontractors procure insurance meeting the requirements of these provisions.

Upon State’s request, Contractor shall provide copies of its Worker’s Compensation and Employer’s Liability Insurance.

Concurrent with the execution of this agreement, Contractor shall provide to State evidence that the insurance required to be carried by these provisions, including any endorsement affecting the additional insured status, is in full force and effect and that premiums therefore have been paid. At State’s discretion, such evidence shall be the appropriate ACORD Form (Certificate of Insurance) or a certified copy of the original policy, including all endorsements.

Upon notification by State of receipt of a notice of cancellation, expiration, or any reduction in coverage, or if the insurer commences proceeding or has proceeding commenced against it, indicating the insurer is insolvent, Contractor shall provide to State evidence of replacement policy at least ten (10) working days prior to the effective date of such cancellation, expiration, or reduction in coverage.

Insurance companies issuing any of the policies required by these provisions shall have a rating classification of “A-” or better and a financial size category rating of “vii” or better according to the latest edition of the A.M. Best Key Rating Guide. Any other rating classification requires State approval.

All insurance companies issuing any of the policies required by these provisions shall be licensed to do business in the State of California.

Should Contractor fail to keep the insurance required to be carried by these provisions in full force and effect at all times, State may in addition to any other remedies State has, terminate this agreement immediately and all payments due or that become due will be withheld until notice is received by State that such insurance has been restored or replaced to full force and effect and that the premiums therefore have been paid to cover a period of time satisfactory to State.

Page: 3 4

3. Disputes

4. Termination for Convenience

5. Force Majeure

6. Forced, Convict, and Indentured Labor

7. Potential Subcontractors

DPR 605S

C1539021

EXHIBIT D — SERVICES

(Standard Agreement) of

Except for defaults of subcontractors, neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by Contractor arises out of a default of its subcontractor, and if such default of its subcontractor, arises out of causes beyond the control of both Contractor and subcontractor, and without the fault or negligence of either of them, Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by subcontractor were obtainable from other sources in sufficient time to permit Contractor to meet the required performance schedule.

Unless otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which cannot be resolved informally shall be decided by the following two-step procedures.

Contractor must provide written notice of the particulars of such disputes to the Project Manager or his/her duly appointed representative. The Project Manager must respond in writing within ten (10) working days of receipt of the written notice of dispute. Should Contractor disagree with the Project Manager’s decision, Contractor may appeal to the second level. Pending the decision on appeal, Contractor shall proceed diligently with the performance of this agreement in accordance with the Project Manager’s decision. The second level appeal must indicate why the Project Manager’s decision is unacceptable, attaching to it Contractor’s original statement of the dispute with supporting documents, along with a copy of the Project Manager’s response. The second level appeal shall be sent to the Deputy Director of Administrative Services or his/her duly appointed representative. The second level appeal must be filed within fifteen (15) working days of receipt of the Project Manager’s decision. Failure to submit an appeal within the period specified shall constitute a waiver of all such right to an adjustment of this agreement. The Deputy Director or designee shall meet with Contractor to review the issues raised. A written decision signed by the Deputy Director or designee shall be returned to Contractor within fifteen (15) working days of the receipt of the appeal.

State reserves the right to terminate this agreement subject to 30 days written notice to Contractor.

Contractor may submit a written request to terminate this agreement only if State should substantially fail to perform its responsibilities as provided herein.

No foreign-made equipment, materials, or supplies furnished to State pursuant to this agreement may be produced in whole or in part by forced labor, convict labor, or indentured labor. By submitting a bid to State or accepting a purchase order, Contractor agrees to comply with this provision of this agreement.

Nothing contained in this agreement or otherwise, shall create any contractual relation between State and any subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons

Page: 4 4

8.

9. Priority Hiring Considerations for Contracts with a Value of $200,000

10. Intellectual Property

DPR 605S

C1539021

Any works developed during and/or pursuant to this agreement by Contractor, including all related copyrights and other proprietary rights therein, as may now exist and/or which hereafter come into existence, shall belong to State upon creation, and shall continue in State’s exclusive ownership upon termination of this agreement. Contractor further intends and agrees to assign to State all right, title and interest in and to such materials as well as all related copyrights and other proprietary rights therein.

Contractor agrees to cooperate with State and to execute any document or documents that may be found to be necessary to give the foregoing provisions full force and effect, including but not limited to, an assignment of

Contractor agrees not to incorporate into or make the works developed, dependent upon any original works of authorship or Intellectual Property Rights of third parties without first (a) obtaining State’s prior written permission, and (b) granting to or obtaining for State a nonexclusive, royalty-free, paid-up, irrevocable, perpetual, world-wide license, to use, reproduce, sell, modify, publicly and privately display and distribute, for any purpose whatsoever, any such prior works.

of

Excise Tax (Solely applicable to certain specified goods or articles manufactured or produced in the Philippines for domestic sale or consumption or for any other disposition and to things imported in to the Philippines.)

The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages.