C1547020_Bid_Booklet.pdf

STATE OF CALIFORNIA * NATURAL RESOURCES AGENCY *

CALIFORNIA STATE PARKS

BID BOOKLET

For

DEPARTMENT OF PARKS AND RECREATION

SAN DIEGO COAST DISTRICT

Portable Restroom Rental and/or Service

San Diego Coast District, North Sector Park Units in Carlsbad, CA and

South Sector Units in Coronado and South San Diego, CA

April 2016

C1547020

Table of Contents

NATURAL RESOURCES AGENCY OF CALIFORNIA

San Diego Coast District

Portable Restroom Rental and/or Service Carlsbad State Beach, Silver Strand State Beach and Border Field State Park

San Diego County, California

TABLE OF CONTENTS

Number of Pages

Cover Page………………………………………………………………………………….. 1

Table of Contents…………………………………………………………………………… 1

Small Business Notice (DPR478)………………………………………………………… 3

Small Business Preference Form (Sample) (DPR85)…………………………………. 1

Disabled Veteran Business Enterprise Notice DVBE Incentive for IFB (DPR 479IP) 6

Bidder’s DVBE Participation (for incentive only (Sample) (DPR 486)…………….. 1

Disabled Veteran Business Enterprises Declarations (for incentive only)

(Sample) (STD843)…………………………………………………………………………. 1 Contractor’s Actual SB/MB & DVBE Participation (SAMPLE)….…………………

Service Contract- Invitation to Bid (DPR 325A) ………………….………………….. 1

Service Contract – Instructions to Bidders (DPR 325D)………………………………… 3

Service Contract – Bid Forms (Sample) (DPR 325B)…………………………………… 3

Standard Agreement for Services (Sample)………………………………………………. 7

Payee Data Record (Sample) (STD204)………………………………………………….. 2

Darfur Contracting Act Certification (DPR 74) - Public Contract Code section 10478

(Sample)………………………………………………………………………………………. 1

Exhibit A, Attachment I

PORTABLE RESTROOM RENTAL AND/OR SERVICE SPECIFICATION………….. 3

General Terms and Conditions-www.documents.dgs.ca.gov/pd/traffic/wsca/.../GSOGTC610.pdf

BID FORMS

Bidder’s Checklist ………………………………………………………………………… 1

Service Contract Bid Form (Exhibit B, Attachment I) (DPR 325B)…………………. 12

Small Business Preference (DPR 85) ………………………………………………….. 1

Bidder’s DVBE Participation (DPR 486)

Disabled Veteran Business Enterprises Declarations (STD843) …………………… 1

Darfur Contracting Act Certification (DPR 74) - Public Contract Code sec 10478…….1

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)

Bidder Bid Amount Small Business Status

1 $30,750

Claims small business status, but is not CA certified

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

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

COMPANY NAME CONTRACTING WITH NATURE OF WORK TIER

DOLLAR

VALUE

OF

Total Small Business Subcontractor Dollar Value

Total Amount of Bid

TOTAL % OF BID FOR ALL SMALL BUSINESS SUBCONTRACTORS

DPR 85 (Rev. 6/2011)(Excel 6/6/2011)

COMPLETION INSTRUCTIONS

SMALL BUSINESS PREFERENCE

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

Certified Small Businesses (SBs) may receive a 5% preference. Non Certified Small Business (SB) contractors may receive a 5% preference by subcontracting a minimum of 25% of the total monetary amount of their bid to Certified Small Businesses.

See the DPR 478, Small Business Notice for more information about the SB Preference.

COMPANY NAME: List the names of the subcontractors and suppliers proposed for the 25% Small Business (SB) subcontractor participation.

CONTRACTING WITH: Enter the name of the company with which the company listed is contracting.

NATURE OF WORK: Identify the proposed work (or materials or equipment) to be provided.

TIER: The Bidder may count toward its 25% Small Business participation goal the dollar value of work and supplies to be obtained by its primary subcontractors and suppliers from SB subcontractor firms as second and third level tier subcontractors/suppliers. Using the following codes, indicate the contracting tier for each SB company listed for participation:

0 = Prime or Joint Contractor 1 = Primary Subcontractor or Supplier 2 = Subcontractor/Supplier of Level 1 Subcontractor/Supplier 3 = Subcontractor/Supplier of Level 2 Subcontractor/Supplier

DOLLAR VALUE: Enter the dollar amount of the bid to be performed by the listed company’s own forces.

PERCENTAGE OF BID: Enter the percentage of the total bid amount the dollar value represents.

PRINTOUT: In order to claim the 25% Small Business participation credit, a printout from the Office of Small Business and DVBE Services eProcurement website for each SB listed.

PRINT-

OUT

DATE CONTRACTOR NAME

PART I

IS CONTRACTOR A CALIFORNIA CERTIFIED SMALL BUSINESS?

YES NO

If Yes, attach Contractor's certification printout from the eProcurement website to this form and stop here.

If No, you still may qualify for the Small Business Preference, complete Part II below.

PART II

SB CERT NO.

SB CERT NUMBER:

SB CERT NUMBER:

SB CERT NUMBER:

SB CERT NUMBER:

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

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 receive 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 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

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 486 (New 1/2010)(Excel 1/26/2010)

COMPANY INFORMATION

C1547020

COMPANY INFORMATION: List the information (Company Name, Contact information) of subcontractor(s) and supplier(s) proposed for DVBE. If prime contractor is a DVBE, the name must be listed for participation.

COMPLETION INSTRUCTIONS

PART 1 — SUMMARY OF DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

COMPANY NAME

CONTACT

COMPANY NAME

CONTACT

I hereby certifiy that I have made a diligent effort to ascertain the facts with regard to the representations made herein. In making this certification, I am aware of Section 12650 et seq. of the Government Code providing for the imposition of treble damages for making false claims against the State and Section 10115.10 of the Public Contract Code making it a crime for intentionally making an untrue statement in this certificate.

PART 2 — BIDDER'S CERTIFICATION

BIDDING COMPANY'S NAME

SIGNATURE

DATE

TITLE (e.g. BUSINESS OWNER/CHIEF EXECUTIVE OFFICER, ETC.)

CONTRACTING WITH: Show the name of the department or company with which the company listed is contracting.

PRINT OUT: In order to claim DVBE participation credit, a printout from the eProcurement system showing their supplier ID and the status of their certification must be furnished with the bidder's bid or upon the signing of contract documents. Check mark if a copy of the printout is included.

NATURE OF WORK: Identify the proposed work (or materials or equipment) to be provided.

TIER: Bidder may count toward its participation goal the dollar value of work and supplies to be obtained by its primary subcontractors and suppliers from DVBE firms as second and third level tier subcontractors/suppliers. Contracting tier should be indicated with the following designations:

DVBE company listed for participation.

0 = Prime or Joint Contractor 1 = Primary Subcontractor or Supplier 2 = Subcontractor/Supplier of Level 1 Subcontractor/Supplier 3 = Subcontractor/Supplier of Level 2 Subcontractor/Supplier

DOLLAR VALUE: The dollar amount of the bid to be performed by the listed company’s own forces.

PERCENTAGE OF BID: The percentage of the total bid amount the dollar value represents.

CONTRACTING WITH

PERCENT OF BID

PRINT-

OUT

TIER

NATURE OF WORK

CONTACT PHONE

DOLLAR VALUE

COMPANY NAME

CONTACT

CONTRACTING WITH

PERCENT OF BID

PRINT-

OUT

TIER

NATURE OF WORK

CONTACT PHONE

DOLLAR VALUE

CONTRACTING WITH

PERCENT OF BID

PRINT-

TIER

NATURE OF WORK

CONTACT PHONE

DOLLAR VALUE

COMPANY NAME

CONTACT

CONTRACTING WITH

PERCENT OF BID

PRINT-

TIER

NATURE OF WORK

CONTACT PHONE

DOLLAR VALUE

BIDDER'S DVBE PARTICIPATION

PRINTED NAME

OUT

OUT

SOLICITATION NUMBER

DVBE CERTIFICATION NO.

DVBE CERTIFICATION NO.

DVBE CERTIFICATION NO.

DVBE CERTIFICATION NO.

DVBE CERTIFICATION NO.: Provide the DVBE Certification Number assigned to company.

http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf

DPR 489 (New 1/2010)(Excel 1/29/2010)

COMPANY INFORMATION

COMPANY INFORMATION: List the information of the prime and the subcontractor(s) and supplier(s) for SB/MB and/or DVBE.

COMPLETION INSTRUCTIONS

PART 1 — ACTUAL SMALL BUSINESS (SB)/MICRO BUSINESS (MB) AND DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIME COMPANY NAME

CONTACT

CONTACT

I hereby certifiy that I have made a diligent effort to ascertain the facts with regard to the representations made herein; including dollar amounts listed above were made to the DVBE(s). In making this certification, I am aware of Section 12650 et seq. of the Government Code providing for the imposition of treble damages for making false claims against the State and Section 10115.10 of the Public Contract Code making it a crime for intentionally making an untrue statement in this certificate.

PART 2 — CERTIFICATION

SIGNATURE

DATE

TITLE (e.g. BUSINESS OWNER/CHIEF EXECUTIVE OFFICER, ETC.)

TIER: Contractor may count toward its participation goal the dollar value of work and supplies to be obtained by its primary subcontractors and suppliers from SB and/or DVBE firms as second and third level tier subcontractors/suppliers. Contracting tier should be indicated with the following designations:

SB and/or DVBE company listed for participation.

0 = Prime or Joint Contractor 1 = Primary Subcontractor or Supplier

DOLLAR VALUE: The dollar amount of the contract actually paid to subcontracted company.

PERCENT OF CONTRACT: The percentage of the total contract amount the dollar value represents.

CONTRACT NUMBER PRIME COMPANY ADDRESS (Street, City, State, Zip Code)

CONTACT PHONE TOTAL DOLLAR VALUE PAID TO PRIME COMPANY

SUBCONTRACTED COMPANY NAME

CONTACT

CONTRACTED WITH

PERCENT OF CONTRACT TIER

COMPANY ADDRESS (Street, City, State, Zip Code)

CONTACT PHONE DOLLAR VALUE

CONTACT

CONTACT CONTACT

CONTRACTOR'S ACTUAL SB/MB & DVBE PARTICIPATION

PRINTED NAME

Upon completion of a contract, for which a commitment to achieve SB/MB and/or DVBE participation goal was made, the prime contractor must report to the Department of Parks and Recreation the total amount paid to the awarded contractor, the actual percentage of participation that was achieved and must also certify that the information reported is correct.

CONTRACTED WITH

PERCENT OF CONTRACT TIER

COMPANY ADDRESS (Street, City, State, Zip Code)

CONTACT PHONE DOLLAR VALUE

CONTRACTED WITH

PERCENT OF CONTRACT TIER

COMPANY ADDRESS (Street, City, State, Zip Code)

CONTACT PHONE DOLLAR VALUE

SUBCONTRACTED COMPANY NAME

SUBCONTRACTED COMPANY NAME

P

R I

M E

S U B

S U B

S U B

NONE CERTIFICATION NO.

SB/MB

DVBE

CERTIFICATION NO.

SB/MB

DVBE

CERTIFICATION NO.

SB/MB

DVBE

CERTIFICATION NO.

SB/MB/DVBE STATUS: Identify whether company is a California Certified SB/MB and/or DVBE and provide certification number.

SB/MB

DVBE

CONTACT CONTACT

CONTRACTED WITH

PERCENT OF CONTRACT TIER

COMPANY ADDRESS (Street, City, State, Zip Code)

CONTACT PHONE DOLLAR VALUE

SUBCONTRACTED COMPANY NAME

S U B

DVBE

SB/MB

DVBE

CERTIFICATION NO.

2 = Subcontractor/Supplier of Level 1 Subcontractor/Supplier 3 = Subcontractor/Supplier of Level 2 Subcontractor/Supplier

CONTRACTED WITH: Show the name of the department or company with which the company listed contracted.

All Questions will due to casey.wear@parks.ca.gov by close of business 3/29/2016

DPR 325A (Rev. 10/2008)(Excel 10/10/2008)

June 1, 2016

May 31, 2018

San Diego Coast District

4477 Pacific Highway, San Diego, CA 92110

2:00 PM 4/6/2016

Carlsbad, South Carlsbad State Beach

Torrey Pines State Beach South and North, Torrey Pines Natural Reserve, Silver

Strand State Beach, & Border Field State Park, which are all within San Diego

County, California

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PORTABLE RESTROOM RENTAL AND/OR SERVICE

INVITATION FOR BIDS

place they will be publicly opened and read for performing work as follows:

maintain portable restroom units at

Provide all labor, materials, tools and equipment necessary to furnish and/or

The term of this contract, if awarded, shall commence on and terminate on

No bid will be considered unless it is prepared and submitted in accordance with the conditions set forth in the Instructions to Bidders for Portable Toilet Rental and/or until on

Sealed bids will be received by the Department of Parks and Recreation at

Service.

at which time and

DPR 325D (Rev. 4/2010)(Excel 4/13/2010)(Page 1 of 3)

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PORTABLE RESTROOM RENTAL AND/OR SERVICE

INSTRUCTIONS TO BIDDERS

Examination of Site: Prospective bidders may arrange to view the area to be serviced or obtain further information by contacting a representative from the Department of Parks and Recreation at the address noted on the Invitation for Bids.

1.

Bids shall include all applicable Federal, State or other tax, together with the cost of all permits, licenses and the like, which may be required under various laws and regulations.

2.

Small Business Preference: A five percent preference may be claimed on the Bid Form by service firms prequalified as a Certified Small Business or a Certified Microbusiness, or to a non-small business subcontracting 25% or more of the total monetary amount of the bid in supplies and/or labor costs with Certified Small Business subcontractors in accordance with Title 2, Section 1896 of the California Code of Regulations. A business concern desiring information or prequalification should contact the Office of Small Business and DVBE Services (OSDS), 707 Third Street, First Floor - Room 400, West Sacramento, CA 95605, telephone (916) 375-4940.

3.

DVBE: All bidders whose price exceeds $10,000 shall meet Disabled Veteran Business Enterprise (DVBE) participation requirements as set forth in the enclosed DVBE Notice. Failure to fulfill the DVBE requirements will render the bid non-responsive. A DVBE incentive may also be applied, as explained on the enclosed "notice," if applicable.

4.

Submitting of Bids: It shall be the responsibility of the bidder to see that a bid is received at the proper time and place. Bids shall be submitted in duplicate and placed in the envelope supplied with the bid form.

This envelope shall be sealed and delivered to the place shown on the Invitation for Bids. No bids shall be accepted after the time set for the opening of bids. Facsimile (FAX) responses will not be considered. Any bid received after the time set for the bid opening will be returned to the sender unopened.

6.

Withdrawal of Bids: Any bid may be withdrawn prior to the hour fixed on the Invitation for Bids, provided a written request for withdrawal is submitted by the bidder or his/her authorized representative and filed at the place shown on the Invitation for Bids. No bid may be withdrawn after the time fixed for the opening of bids.

7.

Public Opening of Bids: Bids will be publicly opened and read at the time and place indicated on the Invitation for Bids. Bidders or their authorized representatives are invited to be present at the bid opening.

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.

8.

Rejection of Bids: Bids may be rejected if they show any alteration of form, additions not called for, conditioned bids, incomplete bids, or irregularities of any kind. Only those bids which cover all the work called for, and meet all requirements specified will be considered. The State reserves the right to reject any and all bids.

9.

Contract Award: The contract award, if awarded, will be to the lowest responsible bidder who complies with all the requirements specified in the bid solicitation documents, which include, among others, the Invitation for Bids, Instructions to Bidders for Chemical Toilet Rental and/or Service, Specifications, Bid Form, and when applicable, Additional Instructions to Bidders, and the DVBE Compliance Certification and

10.

Contract Documents: The contract documents consist of the Bid Form, Specifications, Standard Agreement-STD. 213, the DVBE Compliance Certification and Documentation (when applicable), the Certificate of Insurance, and all other documents incorporated into the Standard Agreement by reference.

11.

Loss Leader: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code.

5.

Bid Price: Bids shall include the cost of all items mentioned in the specifications, or reasonably inferred therefrom, as necessary to complete all work required within the intent of the contract documents.

DPR 325D (Page 2 of 3)

Payee Data Record: Included with the contract documents will be a Payee Data Record, STD. 204, which must be completed and signed, then returned to the Department along with the contract documents (this requirement is not applicable if a STD. 204 is already on file with this Department).

13.

Approval of Contract: The contract agreement in the form of a “Standard Agreement-STD. 213” shall be a binding contract upon the State only after approval by the State.

14.

Rules and Regulations: Bidders are advised that the work to be performed is within the boundaries of a State Park and all contractors and their employees are subject to the rules and regulations of the State Park Commission as set forth in the California Code of Regulations, Chapter 1, Division 3, Title 14.

15.

Certificate of Insurance: The Contractor shall furnish a Certificate of Insurance to the Department of Parks and Recreation stating that there is liability insurance and automobile liability insurance. Both shall be presently in effect for the Contractor with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence.

16.

The Contractor agrees that the bodily injury insurance and the automobile liability insurance herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, the Contractor agrees to provide the Department of Parks and Recreation, at least thirty (30) days prior to said expiration date, a new Certificate of Insurance evidencing coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of the Department of Parks and Recreation and the Contractor agrees that no services shall be performed prior to the giving of such approval.

Workers’ Compensation Insurance: The Contractor shall be required to secure the payment of workers’ compensation to his/her employees in accordance with the provisions of Labor Code Section 3700. The Contractor shall place in effect and maintain in force such insurance for claims under workers’ compensation acts and from any other claims for damage to property or personal injury including death, which may arise from operations under this contract; and will hold the State, its officers, employees and agents harmless from all liability for such claims.

17.

Penalties: Deductions for substandard units as described under Paragraph 13 of the Specifications will be made by dividing the prices bid by the number of days in the operating month to obtain the daily deduction.

18.

The insurer will not cancel or reduce the insured’s coverage without 30 days prior written notice to the State; and

The State of California, its officers, agents, employees, and servants are included as additional insured, but only with respect to work performed for the State of California under this contract; and

(a)

(b)

Deductions will be made for services missed on any or all of the units on regular service days as described under Paragraph 17 of the Specifications. Deductions for missed services are made by dividing the amount bid by the number of regular servicing days in the current month.

Execution of Contract: The contract shall be signed by the successful bidder and returned within ten (10) calendar days after the bidder has received notice that the contract has been awarded.

12.

The Certificate of Insurance shall provide:

The State of California will not be responsible for any premiums or assessment on the policy. (c)

Subsequent renewals of the insurance certificate shall be sent to the name and address as identified in the IFB as receiving bid submittals. This name and address shall appear on the certificate as the certificate holder.

DPR 325D (page 3 of 3)

Copy of the written protest to be served on:

Department of Parks and Recreation (DPR) Administrative Services Division Attention: Manager, Contract Services Unit (CSU) PO Box 942896 Sacramento, CA 94296-0001

20.

21. Disposition of Protests: Following receipt of a protest filed as prescribed, the OLS shall determine whether the protest is to be resolved by written submission of material or by public hearing.

22.

A.

Procedure for Protesting an Award:

Whenever a contract is awarded under the Invitation for Bid (IFB) procedure, but the contract is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five working days prior to the award of the contract.

B. After bid opening, all bids shall be available for public inspection. Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the office of the originating unit at least five (5) working days prior to awarding the contract.

C. If, prior to the award, any bidder files a protest against the awarding of the contract on the grounds that he/she is the lowest responsible bidder meeting the specifications of the IFB, the contract shall not be awarded until either the protest has been withdrawn or the Department of General Services (DGS), Office of Legal Services (OLS) has decided the matter.

D. Protests of award shall be in writing and filed as follows:

Original written protest to be filed with:

Department of General Services Office of Legal Services Attention: Protest Coordinator 707 Third Street, 7th Floor West Sacramento, CA 95605

E. Within five (5) working days after filing the protest, the protestant shall file a full and complete written statement specifying the grounds for the protest with the OLS.

F. The CSU Manager will provide assistance to the OLS in the disposition process.

A. If a public hearing is to be held, the OLS shall set a date, time, and place for the hearing and shall notify all interested parties not less than five (5) calendar days in advance of the hearing.

Hearing Procedures:

B. If the protest is to be determined through written submissions, notice shall be sent to all interested parties, each of whom may submit written argument in support of its position.

C. Interested parties are defined as the DPR, the protestant, and the proposed contract awardee.

D. If at any time the OLS finds that a protest is clearly insufficient on its face, entirely without merit, or outside the scope of its jurisdiction, it may make final disposition of the protest immediately.

E. The OLS shall notify all interested parties in writing of its decision within 30 calendar days after submission for decision.

F. The OLS arranges for all hearings to be recorded by a hearing reporter. Any interested party may arrange with the reporter to have a transcript prepared at his or her own cost.

Payment: Payment will be made monthly in arrears by the State in accordance with the amounts set forth on the Bid Form for the actual number of units requested in writing by the District Superintendent or his/her representative and the actual amount of service received.

19.

DPR 325B (Rev. 10/2008)(Excel 10/10/2008) Page 1

San Diego Coast District

BID OPENING

FOR DEPARTMENT USE ONLY

C1547020

4477 Pacific Highway, San Diego, CA 92110 4/6/2016 2:00 PM

DATE

DISTRICT NAME AND ADDRESS

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

NAME OF BUSINESS EMAIL ADDRESS

BUSINESS ADDRESS

SMALL BUSINESS PREFERENCE

Not eligible for SB preference

Partnership. Full names of partners:

Corporation. State in which incorporated:

Individual

I hereby propose to provide all labor, materials, tools, and equipment necessary to furnish and/or maintain portable chemical toilet units, complete and ready for use as specified on the back of this form, in accordance with the bid documents and such addenda thereto as may be issued prior to bid opening date.

BIDDER'S SIGNATURE DATE PRINTED NAME TITLE

TIME

Exhibit B, Attachment 1

A five percent preference will be granted to bidders properly approved as a Certified Small Business (SB) or a Certified Microbusiness (MB), or to a non-small business subcontracting 25% or more of the total monetary amount of the bid in supplies and/or labor costs with Certified Small Business subcontractors in accordance with Title 2, California Code of Regulations, Section 1896, et seq. To qualify as a Certified Small Business, the business must have an approved certification on file with the Office of

Small Business and DVBE Services (OSDS), 707 Third Street, First Floor - Room 400, West Sacramento, CA 95605, by 5:00 p.m. on bid opening day.

Claiming preference as a Certified Small Business

STATUS OF BUSINESS (Check appropriate box.)

CONTRACTOR NAME

AGREEMENT NO. PAGE

of

PORTABLE RESTROOM RENTAL AND/OR SERVICE BID FORM

(Attach a copy of the SB certification printout from OSDS' website) Claiming 25% SB subcontractor participation (Attach form DPR 85, Small Business Subcontractor Participation Worksheet)

PHONE NO.

FAX NO.

CITY/STATE/ZIP CODE

1 6/1/2016 6/30/2016 X Contractor X X X X X 4

2 7/1/2016 9/30/2016 X Contractor X X X X X 4

3 10/1/2016 3/31/2017 X Contractor X X X 4

4 4/1/2017 5/31/2017 X Contractor X X X X 4

5 6/1/2017 6/30/2017 X Contrator X X X X X 4

6 7/1/2017 9/30/2017 X Conractor X X X X X 4

7 10/1/2017 3/31/2018 X Contractor X X X 4

8 4/1/2018 5/31/2018 X Contractor X X X X 4

9 6/1/2018 5/31/2018 X Contractor X X X X X 4

TOTAL COST FOR REGULAR SERVICES

ADDITIONAL CHEMICAL TOILETS - If requested, the contractor shall furnish the following additional chemical toilets:

TOTAL COST FOR ADDITIONAL TOILETS [(F)x(G)]

ADDITIONAL SERVICES - If requested, the contractor shall provide the following additional services:

TOTAL COST FOR ADDITIONAL SERVICES [(H)x(I)x(J)]

TOTAL BID PRICE

DPR 325B Page 2

FOR DEPARTMENT USE ONLY

C1547020

San Diego Coast District State Park Surf By kiosk xoxo

DISTRICT

PORTABLE RESTROOM RENTAL AND/OR SERVICE BID FORM - Exhibit B, Attachment 1

Bidder completes (D), (E), (G), (J), TOTAL COSTS, and TOTAL BID PRICE.

ESTIMATED REQUIREMENTS FOR CHEMICAL TOILET SERVICE ARE AS FOLLOWS:

PERIOD OF SERVICE

I

T

E

M

From To

TYPE OF

TOILET PROVIDED

BY

SERVICE DAYS

SERVICE

FREQUENCY

Weekly Every Other Week

(A)

NO. OF

SERVICE

DAYS FOR

PERIOD

(B)

NO. OF

TOILETS

EACH

SERVICE

(D)

COST PER

TOILET

PER

SERVICE

(E)

COST FOR

SERVICE

PERIOD

[(C)X(D)]

TYPE OF TOILETS (F) NO. OF EXTRA CHEMICAL TOILETS (G) COST PER TOILET

TYPE OF TOILETS (H) NO. OF TOILETS PER SERVICE

(J) COST PER TOILET

— Bidder understands that the quantities below are estimates only, for purposes of comparing bids, and that the State reserves the right to increase or decrease the amount of any item or eliminate any item or items as may be deemed necessary or advisable by the State. Such changes shall not affect the unit price of that item or any other items.

— In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail. In case of discrepancy between the stipulated totals and the actual sum of the totals, the actual sum of all items shall prevail.

u n

S o n

M u e

T e d

W h u

T r i

F a t

S

(C)

NO. OF TOILETS

SERVICED IN

CONTRACT

PERIOD [(A)X(B)]

(I) NO. OF ADDITIONAL SERVICES

CONTRACTOR NAME

AGREEMENT NO. PAGE

of u n

S o n

M u e

T e d

W h u

T r i

F a t

S u n

S o n

M u e

T e d

W h u

T r i

F a t

S u n

S o n

M u e

T e d

W h u

T r i

F a t

S u n

S o n

M u e

T e d

W h u

T r i

F a t

S u n

S o n

M u e

T e d

W h u

T r i

F a t

S u n

S o n

M u e

T e d

W h u

T r i

F a t

S u n

S o n

M u e

T e d

W h u

T r i

F a t

S u n

S o n

M u e

T e d

W h u

T r i

F a t

S

PARK UNIT

Hdcp Reg

Handicapped Accessible

Handicapped Accessible

Regular

Regular

CHEMICAL TOILET UNITS TO BE MADE OF

Fiberglass Wood Metal

LOCATION WITHIN PARK UNIT

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

C1547020

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)

C1547020

Department of Parks and Recreation

EXHIBIT A

(Standard Agreement)

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)

C1547020

EXHIBIT B

(Standard Agreement) of

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)

C1547020

EXHIBIT D — SERVICES

(Standard Agreement) of

Wh…