C23680022.BidDocs.pdf

Bid Document Checklist

The following bid documents need to be returned via mail, email at reanna.trujillo@parks.ca.gov , or fax 925-447-0485, marked with the Contract Number by the Bid Date and Time to California Department of Parks and Recreation, Diablo Range District, Attention: Reanna Trujillo, 15751 Tesla Road, Livermore, CA 94550.

C23680022 – Mount Diablo Septic Services Term: 36 months

Bid Due Date: Monday April 16, 2024 at 10:00 AM

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

Bidder Declaration (GSPD – 05-105)

*Bidders DVBE Participation (DPR 486), if applicable

*Disabled Veteran Business Enterprise Declarations (GSPD 843), if applicable

Exhibit B, Attachment I, Service Contracts Bid Form – (DPR 940B and subsequent 3-page document)

*DARFUR Contracting Act Certification (DPR 74), if applicable

California Civil Rights Laws Attachment (DGS OLS 04)

Contractor Certification Clause (CCC 04/2017)

*DVBE Participation for this agreement has been WAIVED; however, the DBVE incentive still applies.

Please mark bid envelope as shown below:

YOUR RETURN ADDRESS

(required)

California Department of Parks and Recreation Diablo Range District Attention: Reanna Trujillo 15751 Tesla Road Livermore, CA 94550

BID ENCLOSED – IFB C23680022 Mount Diablo Septic Services mailto:reanna.trujillo@parks.ca.gov

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

COMMERCIALLY USEFUL FUNCTION- BIDDER CERTIFICATION

All California Certified Small Business (SB), Micro Business (MB), and Disabled Veteran

Business Enterprise (DVBE) suppliers contracting and subcontracting must complete this certification form.

SUPPLIER NAME

SUPPLIER TYPE

DPR REFERENCE/AGREEMENT NUMBER

C23680022

DGS CERTIFICATION NUMBER (OSDS)

D Small Business D Micro Business □ DVBE

Government Code Section 14837 and Military and Veterans Code Section 999 require all California Certified Small Businesses (SB), Micro Businesses (MB), and Disabled Veteran Business Enterprises (DVBE) to perform a "commercially useful function" in any contract they perform for the State.

A business that is performing a commercially useful function is one that does all of the following:

1. Is responsible for the execution of a distinct element of the work of the contract.

2. Carries out its obligation by actually performing, managing, or supervising the work involved.

3. Performs work that is normal for its business services, and functions.

4. Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining the quality and quantity, ordering, installing, if applicable, and making payment.

5. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

Note: 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 small business or microbusiness participation.

BIDDER'S CERTIFICATION

I certify that my company meets all five of the criteria listed above and therefore performs a commercially useful function as defined by California Code.

SIGNATURE DATE

PRINTED NAME AND TITLE OF AUTHORIZED SIGNER

DPR 87 (New 2/2022)(Word to PDF 2/28/2022)

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

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?

NoYes. 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.

Mount Diablo State Park

Mount Diablo Septic Services

March 29,2024

C23680022

EXHIBIT B, ATTACHMENT 1

Contractor’s Bid Form

Bidder Name and Business Name: ________________________________________________

1. SEPTIC PUMPING SERVICES

A. 1 Year Service Calculation

A B C D E F

Service Service Rate (each service)

Number of Units

Calculated Amount (B x C)

Frequency each Year

Total Calculated

Monthly Amount (D x E)

Septic Pumping Service 750 Gallon Pit Toilet $ 19 $ 1 $

Septic Pumping Service 1,000 Gallon CXT Toilet Unit $ 9 $ 1 $

Septic Pumping Service 1,500 Gallon Septic Tank $ 8 $ 1 $

Septic Pumping Service 2,000 Gallon Septic Tank $ 14 $ 1 $

Septic Pumping Service 2,500 Gallon Septic Tank $ 4 $ 1 $

Septic Pumping Service 3,000 Gallon Leachate Tank $ 1 $ 1 $

Septic Pumping Service 4,000 Gallon Septic Tank $ 1 $ 1 $

Septic Pumping Service 4,500 Gallon Septic Tank $ 1 $ 1 $

1 Year Total (Sum of Column F) $

B. 3 Year Combined Services Total

3 Year Combined Services Total (1 Year Total x 3 Years) $

2. UNFORESEEABLE SERVICES

A B C

Type of Service Service Rate**

Estimated Number of

Service Calls*

Calculated Amount (A x B)

Emergency Septic Pumping – During Normal Business Hours (Requires 2-hour response time as scheduled by the DPR Project Manager)

$ 4 $

Emergency Septic Pumping – Outside Normal Business Hours (Requires 2-hour response time as scheduled by the DPR Project Manager)

$ 2 $

Annual Total Unforeseeable Services (Sum of Column C) $

3 Year Combined Unforeseeable Services Total (Annual Total Unforeseeable Services x 3 Years) $

* This amount is used for evaluation purposes, however, the actual costs quoted by the bidder shall be binding for the term of the Agreement. The contract will be awarded to the lowest Combined Services Total. If there is a discrepancy in the Combined Services Total amount, the service rate and total calculated monthly amount shall prevail. The bidder is required to bid on each item. Failure to indicate a dollar amount in any item will be grounds to reject the entire bid.

** Price is for one (1) service technician. Should Contractor require more than one (1) service technician to perform services, approval must be obtained by DPR’s Contract Administrator prior to commencement of service.

*** Any repair service requiring parts will require an actual itemized receipt for the part when invoicing. A purchase order or purchase estimate is not to be used in place of a receipt.

Note: Materials and supplies incidental to service are included in this price.

The State will not pay any additional fees (i.e., freight, shipping, travel, trip and/or gas surcharges, etc.). All costs are to be incorporated in the service rate (per unit) cost.

Grand Total Bid

Grand Total Bid Sum of (1 Year Total x 3) from Section 1-B and

(Annual Total Unforeseeable Services x 3 Years) from Section 2.

Grand Total Bid Spelled Out:

The undersigned is duly authorized to submit bid on behalf of company:

Bidder’s Signature: __________________________ Date: ________________

Printed Name: ______________________________ Title: ________________

Cost Sheet Summary FOR DPR USE ONLY:

Deliverable Bid Amount

Table 1 3 Year Combined Services Total (1 Year Total x 3 Years) from Section 1-B.

Table 2 3 Year Combined Unforeseeable Services Total (Annual Total Unforeseeable Services x 3 Years) from Section 2.

Grand Total Bid: $

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

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

FOR DEPARTMENT USE ONLYState of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States.

For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

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

AGREEMENT/PAPO NO.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

COMPANY/VENDOR NAME (Printed)

BY (Authorized Signature)

PRINTED NAME AND TITLE OF PERSON SIGNING

DATE EXECUTED EXECUTED IN THE COUNTY AND STATE OF

FEDERAL ID NUMBER

OPTION #2 - WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

COMPANY/VENDOR NAME (Printed)

INITIALS OF SUBMITTER

PRINTED NAME AND TITLE OF PERSON INITIALING

FEDERAL ID NUMBER

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

Reanna.Trujillo Pencil

Contractor/Bidder Firm Name (Printed) Federal ID Number

Date Executed Executed in the County of

Contractor Certification Clause

CCC 04/2017

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

By (Authorized Signature)

Printed Name and Title of Person Signing

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO

REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.

The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):

1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and

Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.

c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.