C23680022.EventPackage.pdf

STATE OF CALIFORNIA THE RESOURCES AGENCY CALIFORNIA STATE PARKS

SOLICITATION PACKAGE for

DIABLO RANGE DISTRICT

C23680022

Mount Diablo Septic Services

Contra Costa County California

April 2024

Estimated Term: June 15, 2024 through June 14, 2027

, 202

Reanna.Trujillo Pencil

Reanna.Trujillo Line

Reanna.Trujillo Line

Reanna.Trujillo Line

STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY

Department of Parks and Recreation

Diablo Range District C23680022: Mount Diablo Septic Services

Term: 36 months Table of Contents

ITEM # of PAGES

Cover Page Table of Contents Service Contracts Invitation for Bids/ Instructions to Bidders (DPR940A) Small Business Notice (DPR 478) Commercially Useful Function – Bidder Certification (DPR87) Disabled Veteran Business Enterprise Notice (DPR479IW)

Bidders Declaration (GSPD-05-105) DVBE Declarations (DGS PD 843)

Standard Agreement (STD 213) (SAMPLE) 1

Exhibit A, Scope of Work (DPR 603)(SAMPLE) Exhibit A, Attachment 1, Scope of Work Specifications Exhibit B, Budget Detail (DPR 604 SAMPLE) Exhibit B, Attachment 1, Service Contracts Bid Form (DPR 940B) (SAMPLE) Exhibit C, General Terms & Conditions (view and download via https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language

Via Internet

Exhibit D, Special Terms and Conditions (DPR 605s) (SAMPLE)

DARFUR Contracting Act Certification (DPR 74)

Date:

Time:

Location:

at

Department of Parks and Recreation

Contact Person:

Phone No.:

E-mail:

DPR 940A (Rev. 9/2023)(Excel 9/13/2023)(Page 1 of 3)

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.: C23680022

April 16, 2024 1:00 pm 15751 Tesla Road, Livermore, CA 94550 or by email to reanna.trujillo@parks.ca.gov

Provide septic pumping and septic system maintenance services

Mount Diablo State Park

June 15, 2024 through June 14, 2027

Diablo Range District 15751 Tesla Road Livermore, CA 94550

Reanna Trujillo (925)447-4630 reanna.trujillo@parks.ca.gov

DPR 940A (Rev. 9/2023)(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 Email: OLSProtests@dgs.ca.gov rd

B. Inspection of bids is permitted as follows:

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

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.

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.

mailto:OLSProtests@dgs.ca.gov?subject=Protest%20of%20award

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 (Rev. 5/2023)(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.

Bidder

DPR 478 (Rev. 4/2023)(Excel 4/14/2023)(Page 1 of 2)

Bid Amount Bid After 5% Preference Small Business Status

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

$29,870 $28,421 Claims small business and is CA Certified

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

$29,520 $29,520

Claims small business status, but their CA certification has expired

Small Business (SB) Notice 5% Small Business Preference

1. What is a California Certified Small Business (SB)?

a) 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

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

1. Must be independently owned and operated.

2. Cannot be dominant in its field of operation.

3. Must have its principal office located in California.

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

5. Together with its affiliates, be either:

° A business with 100 or fewer employees, and an average annual gross receipts of $16 million or less over the previous three tax years, or

° A manufacturer with 100 or fewer employees.

6. Microbusiness: A small business will automatically be designated as a microbusiness if gross annual receipts, together with all affiliates, are less than $5,000,000 or, the small business is a manufacturer with 25 or fewer employees.

* For additional details visit the Department of General Services (DGS) website.

2. What is the SB Preference?

a) 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.

b) 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.

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

4. How does the 5% Small Business (SB) Preference Work?

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

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

The State of California www.dgs.ca.gov/PD/Contact

Department of General Services Receptionist: (916) 375-4940

Office of Small Business and DVBE Services 24-hour recording: (916) 322-5060

707 Third Street, First Floor – Room 400 FAX: (916) 375-4950

West Sacramento, CA 95605 OSDSHelp@dgs.ca.gov

DPR 478 (Rev. 4/2023)(Page 2 of 2)

b) Computation Method for example 4-a:

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

2. 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).

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

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

c) NOTE: The 5% SB preference is applied to currently certified and registered small businesses and is used for bid evaluation purposes and does not alter the bid's actual amount.

5. Documentation

a) Bidders must provide a printout from the State's SB/DVBE vendor system showing your certification and expiration date from the following web site. www.Caleprocure.ca.gov

b) 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 GSPD 05-105 with your bid. An evaluated bid under the 25% SB subcontracting qualification cannot displace a certiffied and registered SB.

c) At completion of peformance and when SB participation was included toward SB goals under this contract, then the contractor must complete and submit form DPR 489 to the State's designated representative under this contract and within the time specified within the contracting documents or within 60 days of receipt of final payment, which ever is sooner.

6. Verification

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.

7. To locate SB/MB contractors:

a) 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.

b) Access the list of all certified SB/MBs by using the Department of General Services, Procurement Division (DGS-PD) online certified firm database at: www.Caleprocure.ca.gov

c) 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.

d) Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.Caleprocure.ca.gov

8. Information 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 http://www.dgs.ca.gov/PD/Contact mailto:OSDSHelp@dgs.ca.gov

C23680022

DPR 479IW (Rev. 12/2022)(Excel12/20/2022)(Page 1 of 5)

1. 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

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

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

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

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

3. Commercially Useful Function Definition

a. California Code of Regulations, Title 2, § 1896.61(l): The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70;

and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

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

c. A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.

4. What is the DVBE Incentive Program?

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

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

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

DPR 479IW (Rev. 12/2022)(Excel 12/20/2022)(Page 2 of 5)

b. 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.

5. Reporting Requirement

a. 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:

i) the total amount the prime contractor received under the contract

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

iii) the amount each DVBE received from the prime contractor

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

v) the actual percentage of DVBE participation that was achieved

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

6. Who is eligible to receive the incentive?

a. Any responsive and responsible bidder who has attained .01% DVBE participation or higher with a registered and certified DVBE.

7. Documentation

a. Bidders must document DVBE participation commitment by completing and submitting the following forms:

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

2) DGS PD 843, DVBE Declaration: All disabled veteran owners and disabled veteran managers of the DVBE must complete the form and submit it with the bid package. A DGS A DGS PD 843 needs to be submitted by every DVBE supplier who is part of a bid whether they are the prime contractor or subcontractor.

b. 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.

c. Information submitted by the bidders to claim the DVBE incentive(s) will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the 2 CCR §1896.80.

Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

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

a. 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 (Rev. 12/2022)(Excel 12/20/2022)(Page 3 of 5)

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

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

Adjusted Bid Price

(Bidder's Price - Bidder's Incentive

Amount)

Final Rank:

Bidder Name

Original Bid Price

DVBE Participation for certified

DVBE Prime or Subcontractors

Initial Ranking

DVBE Incentive (from Table A)

Incentive Amount

(% x Lowest Responsive and

Responsible Bid Price)

8. How does the DVBE Incentive Program Work?

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

b. For contracts to be awarded based on the Low Price Method, the incentive amount is equal to a percentage of the lowest responsive and responsible bid based on the amount of DVBE participation in the bid being evaluated per Table A below. The Computation Method does not include the small business preference; however, the small business preference may be applied and may affect the application of the incentive and the outcome of the ranking.

9. Computation Method

The State of California www.dgs.ca.gov/PD

Department of General Services Receptionist: (916) 375-4940

Office of Small Business and DVBE Services 24-hour recording: (916) 322-5060

707 Third Street, First Floor – Room 400 FAX: (916) 375-4950 West Sacramento, CA 95605 OSDSHelp@dgs.ca.gov

DPR 479IW (Rev. 12/2022)(Excel 12/20/2022)(Page 4 of 5)

10. Substitution of Proposed DVBE

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

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

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

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

e. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC § 999.9; Public Contract Code (PCC) § 10115.10, or PCC § 4110 (applies to public works only).

11. To locate DVBE contractors:

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

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

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

Search by “Keywords” or United Nations Standard Products and Services Codes (UNSPSC), that apply to the elements of work you want to subcontract to a DVBE.

c. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at:

www.Caleprocure.ca.gov

d. The State of California, Department of General Services, Procurement Division, Office of Small http://www.dgs.ca.gov/PD mailto:OSDSHelp@dgs.ca.gov

b. DGS PD 843, DVBE Declaration

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

a. GSPD 05-105, Bidder Declaration

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

DVBE Documentation Checklist

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

2. 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.

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

DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE SELECTION PROCESS FOR

THE CONTRACT.

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

All DVBE participation is indicated.

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

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

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

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

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

SAMPLE

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)

Department of Parks and Recreation

EXHIBIT A

(Standard Agreement)

SAMPLE

EXHIBIT A, ATTACHMENT 1

SCOPE OF WORK

1. PROJECT SUMMARY

A. Contractor shall provide all labor, equipment, and materials required to provide septic pumping services in accordance with the work specifications set forth in this contract. Services include:

1. Septic pumping services.

2. Emergency septic pumping services.

B. The services will be performed at the following location(s):

Locations within Mount Diablo State Park listed in SCHEDULE OF SERVICES.

C. The rates specified in Exhibit B, Attachment 1 – Contractor’s Bid Form, shall stay in effect for the entire contract term.

D. The State reserves the right to amend the contract for two (2) additional option years at the same rates.

2. PROJECT REPRESENTATIVES

A. The Project Representatives during the term of this Agreement will be:

B. The State reserves the right to identify a DPR Designated Representative in the absence of the DPR Contract Administrator.

Representatives DPR Contract Administrator Contractor’s Contract Administrator

Agency | Contractor: CA State Parks, Diablo Range District Name and Title:

Address: 15751 Tesla Road City, State, Zip: Clayton, CA 94517 Phone Number: Livermore, CA 94550 E-mail Address Representatives DPR Project Manager Contractor’s Project Manager Name and Title: Eric Griggs, Park Maintenance Chief I Address: 96 Mitchell Canyon Road City, State, Zip: Clayton, CA 94517 Phone Number: (925) 855-1730 E-mail Address eric.griggs@parks.ca.gov

C. Any changes in Contractor’s Contract Administrator must be immediately reported in writing no later than 5 business days to the DPR Contract Administrator or DPR Designated Representative.

D. The DPR Project Manager may delegate their authority to any state employee of their choosing for the purposes of supervision, direction, or otherwise. This shall be made known to Contractor’s Project Manager specifically and only by the DPR Project Manager at the time that such delegation is made.

E. The DPR Project Manager or their specified delegate shall be the sole representative of the State’s interest with Contractor for the purposes of scheduling work, taking emergency pumping requests, and any other such requests or authorization of actual work to be performed.

3. QUALIFICATION REQUIREMENTS

A. Contractor must possess and maintain at all times during the term of this contract a valid Hazardous Substance Removal Certification license issued by the California Department of Consumer Affairs, Contractors State License Board.

B. Services on equipment shall be performed by Trained and Certified Service Technicians.

Contractor shall provide copies of Certifications upon request.

4. PERFORMANCE DETAILS

A. Contractor is responsible for supplying miscellaneous materials incidental to service, including safety materials needed or required to perform service at no additional charge to the State.

B. Any damage to existing facilities or structures resulting from this work shall be reported immediately or within 24 hours of discovered damage to the DPR Project Manager and be repaired immediately by Contractor to the satisfaction of the DPR Project Manager at no cost to the State. Such repairs shall comply with all applicable provisions of this Agreement.

5. SERVICE DETAILS

A. Workdays, Hours, and State Holidays - Services, except for emergency services, shall be performed on weekdays during the regular open hours of the park unit and the regular working hours of the trade and shall not be scheduled for state-recognized holidays. Current observed State holidays are New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day.

B. Scheduling of Work - After the Agreement has been approved and accepted by both the State and Contractor, Contractor’s Project Manager shall confer with the DPR Project Manager to create a schedule of work.

C. During the term of this Agreement, and notwithstanding the described hours and calendar schedule, the DPR Project Manager and Contractor’s Project Manager shall mutually agree in writing to modify workdays or hours to reasonably accommodate the completion of work.

6. WORK SPECIFICATIONS

A. Pumping service is to be performed for each of the tanks listed in SCHEDULE OF SERVICES according to the specified schedule. Each service shall consist of completely pumping out the tank, removing any garbage or debris, cleaning the tank walls and floor with a pressurized stream of water, and appropriately hauling and discharging the pumped waste according to subsection D below. Pumping and hauling shall be done with care to prevent spillage of any waste and shall meet all requirements of the Health and Safety Code of the State of California.

B. All objects, garbage and debris must be removed from holding tanks each time the tanks are pumped. Contractor is responsible for filtering and removal/disposal of all non-waste items from inside tanks, pit tanks and chemical toilets on or upon pumping and cleaning unrelated to sewage, such as rocks, hazardous waste items such as syringes, etc.

C. Water must be hauled in by Contractor for servicing tanks without a nearby water source. Tanks must be washed down with a stream of water of pressure sufficient to break up compacted waste and toilet paper and to properly clean out tanks to prevent buildup of solids, scum, or sand/soil concentrations.

D. Pumped waste from tanks serviced under this contract shall be transported by Contractor to a properly licensed and regulated discharge site. A log of the site(s) at which pumped waste was delivered shall be made available to the DPR Project Manager within 5 days of written request.

E. Additional “emergency” service may be requested by the DPR Project Manager. Payment for such emergency service will be in accordance with Exhibit B, Attachment 1 – Contractor’s Bid Form. Emergency service shall be exempt from any workday, hour, or holiday restrictions.

7. EMERGENCY SERVICE CALLS

A. When contacted by the DPR Project Manager, Contractor shall respond as soon as possible to the service site with all necessary labor, tools, and equipment to completely resolve the DPR Project Manager’s request when the service is identified as an emergency. An emergency is defined as a tank that is full or when there is an imminent threat of raw sewage exposure.

B. Contractor shall furnish the DPR Project Manager with telephone numbers for 24-hour contact.

C. Contractor shall respond to emergencies within two (2) hours of the DPR Project Manager’s call.

D. Emergency services will be paid at the rates specified on Exhibit B, Attachment 1 – Contractor’s Bid Form – Table in Section 2.

8. ADDITIONAL SPECIFICATIONS

A. Any spillage must be cleaned up and affected areas disinfected by Contractor prior to leaving the site of the spill.

B. Contractor shall conduct their operations in a safe and responsible manner so as not to jeopardize the health and safety of themselves, their employees, park visitors or State’s employees. Contractor shall follow OSHA regulations as they apply to accomplishing the services of this contract.

9. INSPECTIONS BY STATE AND RECORD OF SERVICE

A. At completion of each service, Contractor or their agents shall provide the DPR Project Manager or their delegate with a signed statement verifying the date and time services were completed in an itemized format. Contractor or their agents may at their option make this statement in duplicate and obtain signature of the DPR Project Manager or their delegate to verify the preparation and submission of said statement to the DPR Project Manager.

B. Service equipment shall meet all requirements of the Health and Safety Code of the State of California and of any local codes in which the equipment operates.

SCHEDULE OF SERVICES

Septic pumping services under this agreement shall be performed at the following locations, in accordance with Exhibit A, Attachment 1 – Scope of Work, at the rates listed in Exhibit B, Attachment 1 – Contractor’s Bid Form.

This Schedule of Services lists the regularly scheduled services to be performed during the term of this agreement. Additional services may be requested as needed by the DPR Project Manager at the rates provided on Exhibit B, Attachment 1 – Contractor’s Bid Form, Section 2.

District: Diablo Range Sector: Contra-Solano

Park Unit: Mount Diablo State Park

Location within Park Unit

Septic Pumping Service

Unit Type and Size*

Number of Tanks

Service Day(s)

Service Frequency

South Gate Residence 1500 Gallon Septic Tank 1 M-F Yearly

Artist Point Day Use Area 750 Gallon Tank Pit Toilets 2 M-F Yearly

Live Oak Campground 2500 Gallon Septic Tank 1 M-F Yearly

Live Oak Auxiliary 3000 Gallon Leachate Tank 1 M-F Yearly

Live Oak Residence Area 2500 Gallon Septic Tank 1 M-F Yearly

Lower Rock City Restroom 2000 Gallon Septic Tank 1 M-F Yearly

Residence 3 1500 Gallon Septic Tank 1 M-F Yearly

Rock City Service Yard 2000 Gallon Septic Tank 1 M-F Yearly

Lower Arroyo Picnic Area 750 Gallon Tank Pit Toilet 1 M-F Yearly

Arroyo Residence 1500 Gallon Septic Tank 1 M-F Yearly

Horseshoe Picnic Area 750 Gallon Tank Pit Toilet 1 M-F Yearly

Buckeye Group Camp 1,000 Gallon Tank CXT Toilet Units 2 M-F Yearly

Barbeque Terrace Group Camp 750 Gallon Tank Pit Toilets 2 M-F Yearly

Barbeque Terrace Group Camp 1,000 Gallon Tank CXT Toilet Units 2 M-F Yearly

Wildcat Group Camp 750 Gallon Tank Pit Toilets 2 M-F Yearly

Junction Restroom 2000 Gallon Septic Tank 1 M-F Yearly

Stagecoach Group Camp 750 Gallon Tank Pit Toilets 2 M-F Yearly

Boundary Group Camp 750 Gallon Tank Pit Toilets 2 M-F Yearly

North Gate Residence 1500 Gallon Septic Tank 1 M-F Yearly

North Gate Kiosk 1500 Gallon Septic Tank 1 M-F Yearly

Sunset Picnic Area 1,000 Gallon Tank CXT Toilet Units 2 M-F Yearly

Tin City Residence 1500 Gallon Septic Tank 1 M-F Yearly

Rocky Point Picnic Area 750 Gallon Tank Pit Toilets 2 M-F Yearly

Toyon Picnic Area 750 Gallon Tank Pit Toilets 2 M-F Yearly

Blue Oak Picnic Area 750 Gallon Tank Pit Toilet 1 M-F Yearly

Oak Knoll Picnic Area 1,000 Gallon Tank CXT Toilet Unit 1 M-F Yearly

Pioneer Picnic Area 1,000 Gallon Tank CXT Toilet Unit 1 M-F Yearly

Juniper Parking Lot 750 Gallon Tank Pit Toilets 2 M-F Yearly

Juniper Campground 4500 Gallon Septic Tank 1 M-F Yearly

Muir Picnic Area 1,000 Gallon Tank CXT Toilet Unit 1 M-F Yearly

Lower Summit Restroom 1500 Gallon Septic Tank 1 M-F Yearly

Upper Summit Restroom 2500 Gallon Septic Tanks 2 M-F Yearly

Summit Visitor Center 1500 Gallon Septic Tank 1 M-F Yearly

Mitchell Canyon Sector Office 2000 Gallon Septic Tank 1 M-F Yearly

Mitchell Canyon Parking Lot 2000 Gallon Septic Tank 1 M-F Yearly

Mitchell Canyon Residence 1 2000 Gallon Septic Tank 1 M-F Yearly

Mitchell Canyon Residence 2 2000 Gallon Septic Tank 1 M-F Yearly

Mitchell Canyon Residence 3 2000 Gallon Septic Tank 1 M-F Yearly

Mitchell Canyon Residence 4 2000 Gallon Septic Tank 1 M-F Yearly

Macedo Ranch Residence 2000 Gallon Septic Tank 1 M-F Yearly

Macedo Ranch Restroom 4000 Gallon Septic Tank 1 M-F Yearly

* Tank sizes are provided as a reference; actual tank size may vary but Contractor shall charge according to the appropriate tank size (rounding up to next included tank size if size not listed) from the table on Exhibit B, Attachment 1 – Section 1.

District: Diablo Range Sector: Contra-Solano

Park Unit: Benicia State Recreation Area

Location within Park Unit:

Septic Pumping Service

Unit Type and Size*

Number of Tanks

Service Day(s)

Service Frequency

Maintenance Yard 2000 Gallon Septic Tank 1 M-F Yearly

Camp Host Site 2000 Gallon Septic Tank 1 M-F Yearly

Garden Area 2000 Gallon Septic Tank 1 M-F Yearly

Dillon Point 2000 Gallon Septic Tank 1 M-F Yearly

* Tank sizes are provided as a reference; actual tank size may vary but Contractor shall charge according to the appropriate tank size (rounding up to next included tank size if size not listed) from the table on Exhibit B, Attachment 1 – Section 1.l

Page: 1 2

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. 12/2021)(Excel 12/28/2021)

EXHIBIT B

of

Page: 2 2

BUDGET DETAIL AND PAYMENT PROVISIONS

5 Disabled Veterans Participation Goals

A.

B.

C.

DPR 604 (Rev. 12/2021)(Excel 12/28/2021)

Upon completion of an awarded contract in which a commitment to achieve a DVBE goal was made, the prime contractor that entered into a subcontract with a DVBE is required to complete and submit form STD. 817 within 60 days to certify payment information to the awarding department, in accordance with Military and Veterans Code (M&VC) Section 999.5.

For contracts awarded on or after January 1, 2021, pursuant to M&VC Section 999.7, the State shall withhold ten thousand dollars ($10,000) from the final payment, or the full final payment if less than ten thousand dollars ($10,000), until the prime contractor complies with the certification requirements of

M&VC Section 999.5. Prime contractors that fail to comply with the certification requirements shall be given notice and allowed to cure the defect. If after 15 calendar days but not more than 30 calendar days from the date of the notice, the prime contractor fails to comply with the certification requirements, the State shall permanently deduct ten thoursand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars ($10,000). The withholding applies to all contracts with a

DVBE subcontractor.

Notwithstanding any other law, an awarding department shall not withhold more than the amount specified on the final payment of any disabled veteran business enterprise contract for the purposes of ensuring compliance with the certification requirements of M&VC 999.5.

EXHIBIT B

of

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

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: $

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)

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…