C24554002.IFB.OceanoDunes.HelicopterHerbicide.pdf

CALIFORNIA STATE PARKS

INVITATION FOR BIDS

for

Helicopter Herbicide Treatment

Contract Number: C24554002

June 2024

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

Oceano Dunes District

State of California Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director

Oceano Dunes District 340 James Way Ste 270 Pismo Beach, CA 93449 805-773-7178 * 805-773-7176 fax

INVITATION FOR BIDS

Notice to Prospective Bidders

June 3, 2024

You are invited to review and respond to this Invitation for Bid (IFB), entitled Oceano Dunes Helicopter Herbicide Treatment, C24554002. In submitting your bid, you must comply with the Notice to Bidders, attached herein.

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.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (04/2017) https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

Profit businesses using a fictitious name other than their legal business name shall be required to provide their

Professions Code §17900-17930. This code does not apply to a nonprofit corporation or association, et al., §17911.

Before transacting intrastate business in California the business must first qualify/register with the California Secretary of State. (California Corporations Code section 2105, 15909.02, 16959 or 17708.02.)

Please direct questions or concerns regarding this solicitation to:

Sarah Paddack, Contract Administrator Oceano Dunes District

805-773-7178 OD.Billing@parks.ca.gov

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

California Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

Oceano Dunes District Helicopter Herbicide Treatment

C24554002

TABLE OF CONTENTS

Number of Pages

Cover Sheet Letter to Bidders Table of Contents Key Action Dates Instruction to Bidders, DPR 940A

PREFERENCE PROGRAMS

Small Business (SB) and TACPA Notices, DPR478 Disabled Veteran Business Enterprise (DVBE) Notice, DPR479IW

PROJECT INFORMATION

Exhibit A, Attachment I Scope of Work Exhibit A, Attachment II Photos and Maps

SAMPLE DOCUMENTS (sample documents only, do not use) Standard Agreement, STD 213 SAMPLE Exhibit A, Standard Agreement, DPR603 SAMPLE Exhibit B, Budget Detail and Payment Provisions DPR604 SAMPLE Exhibit C, General Terms and Conditions

(View and download at https://www.dgs.ca.gov/- /media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf)

Exhibit D, Special Terms and Conditions DPR605s. SAMPLE Exhibit E, General Work Conditions and Requirements SAMPLE Payee Data Record STD204 SAMPLE Payee Data Record Supplement STD205 SAMPLE

BID DOCUMENTS (fill out and return all forms requested) Bidder’s Checklist Exhibit B, Attachment I Cost Breakdown Commercially Useful Function-Bidder Certification, DPR87 Bidder Declarations, GSPD 05-105 Bidder’s DVBE Declarations DGS PD 843 Darfur Contracting Act Certification, DPR74 California Certification Clause, CCC 04/2017

DGS OLS 04

Date Time

6/3/2024

6/10/2024 4:00 PM

6/12/2024

6/19/2024 2:00 PM

6/19/2024 2:00 PM

6/21/2024

6/28/2024

Propsal Submission Deadline

Proposal Opening and Review

Proposal Intent to Award

Proposal Award

Key Action Dates

Event

IFB release to Bidders

Question Submittal Deadline

Answers to Questions

State of California – The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

Oceano Dunes District Helicopter Herbicide Treatment

C24554002

C254554002

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) od.billing@parks.ca.gov

Locations listed in Exhibit A, Atttachment II, Photos and Maps

Wednesday, June 19, 2024

2:00 PM

Oceano Dunes District Office

340 James Way, Suite 240

Pismo Beach, CA 93449

Sarah Paddack

805-773-7178

November 2024 - March 2026

Oceano Dunes District

Pismo Beach, CA 93449

340 James Way, Suite 270 complete herbicide treatments for the control of the exotic invasive weed perennial veldt grass (Ehrharta calycina), broadcast aerially using a helicopter with a boom sprayer.

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

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

1.

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

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

Additional requirements/information are as follows:

The anticipated performance period of the contract is

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

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

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

3. Bids shall be submitted in duplicate a sealed envelope. This envelope shall include the return address of the bidder, be marked "Bid - Do Not Open" and delivered to the place shown above prior to the time and date of the bid opening.

It is the responsibility of the bidder to ensure that his/her bid is received in proper time. Facsimile (Fax) responses will not be considered.

SERVICE CONTRACTS

INVITATION FOR BIDS/INSTRUCTIONS TO BIDDERS

CONTRACT/BID NO.:

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

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

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

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

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

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

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

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

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

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

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

DPR 940A (Rev 9/2023)(Page 2 of 3)

15. Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law unless the contract has been Federalized (i.e. there is federal participation in any phase). By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

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 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gov.ca.gov%2Fwp-content%2Fuploads%2F2022%2F03%2F3.4.22-Russia-Ukraine-Executive-Order.pdf&data=05%7C01%7CMarlene.Sheufelt%40parks.ca.gov%7Cfc3b9c13193c44a959e408dbb3cd1b0a%7C06fd3d24656448018226b407c4d26b68%7C0%7C0%7C638301467638807026%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=dfyJv6ZSjg2zYrruseas0XTJXZM8PIyaBuwJMTIDxCM%3D&reserved=0

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

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

5% SMALL BUSINESS PREFERENCE PROGRAM

Bidder

DPR 478 (Rev. 9/2023)(Excel 9/20/2023)(Page 1 of 3)

$29,870 $28,421

Small Business Status

Claims small business status, but is not CA certified

Does not claim to be a small business

Claims small business status, but their CA certification has expired

Claims small business and is CA Certified

$28,975 $28,975

$29,520 $29,520

Bid Amount Bid After 5% Preference

$30,750 $30,750

SMALL BUSINESS PREFERENCE AND TACPA NOTICES

5% Small Business Preference / Target Area Contract Preference Act (TACPA) (page 3)

What is a California Certified Small Business (SB)?

1) 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.

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

a. Must be independently owned and operated.

b. Cannot be dominant in its field of operation.

c. Must have its principal office located in California.

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

e. 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.

f. 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.

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

What is the Small Business Preference?

5% Small Business 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. In no event shall the SB preference or non-SB subcontracting preference exceed $50,000 in any single bid.

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.

1. 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 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. 9/2023)(Page 2 of 3)

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.

2. 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.

3. 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.

4. 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

5. 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 information, please contact http://www.dgs.ca.gov/PD/Contact mailto:OSDSHelp@dgs.ca.gov http://www.caleprocure.ca.gov/

TARGET AREA CONTRACT PREFERENCE ACT (TACPA)

Information regarding TACPA including bidder questions about eligibility, please contact:

The State of California Receptionist: (916) 375-4940

Department of General Services

Procurement Division - Dispute Resolution Unit

707 Third Street, Second Floor Worksite Eligibility Determinations:

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

DPR 478 (Rev. 9/2023)(Page 3 of 3)

Any vendor whose bid is over $100,000 may apply for Target Area Contract Preference Act (TACPA) preference. TACPA provides 5 to 9 percent preferences for a California business that is located in the qualified zone.

How does the TACPA Preference Work?

TACPA will be granted to California-based firms in accordance with Government Code §4530 whenever contracts for goods or services are in excess of $100,000 and the bidder meets certain requirements as defined in the California Administrative Code (Title 2, §1896.30 et seq.) regarding labor needed to produce the goods or provide the services being procured. The TACPA is optional on the part of the bidder (not mandatory), is for bidder evaluation purposes only, and does not alter the amount of the awarded Contract.

Bidders seeking to take advantage of this preference will need to review the DGS Procurement website and submit the appropriate response forms with their bid. The bidder may omit these forms if there is no intention to claim this preference.

Please carefully review the forms and requirements. Bidders are not required to apply for these preferences.

Denial of the TACPA preference request is not a basis for rejection of a bid.

The required applications/forms are as follows:

• STD. 830, TACPA Preference Request for Goods and Services Solicitations

• DGS/PD 525, Manufacturer’s Summary of Contract Activities and Labor Hours

• DGS/PD 526, Bidder’s Summary of Contract Activities and Labor Hours

These forms can be found on the California Statewide Forms Directory at:

https://forms.dgs.ca.gov/content/DGSFormsPortal/california-state-forms-directory.html

Contracts awarded with applied preferences will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce preference programs.

Note: You do not need to be a certified Small Business to apply for the TACPA Preference.

mailto:TACPA@dgs.ca.gov https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf https://forms.dgs.ca.gov/content/DGSFormsPortal/california-state-forms-directory.html

DPR 479IW (Rev. 10/2022)(Excel10/19/2022)(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. 10/2022)(Excel 10/19/2022)(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 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)).

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) 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. 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: All disabled veteran owners and disabled veteran managers of the DVBE must complete the form and submit it with the bid package. 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. 10/2022)(Excel 10/19/2022)(Page 3 of 5)

Final Rank:

DVBE Incentive (from Table A)

Incentive Amount

(% x Lowest Responsive and

Responsible Bid Price)

Adjusted Bid Price

(Bidder's Price - Bidder's Incentive

Amount)

Bidder Name

Original Bid Price

DVBE Participation for certified

DVBE Prime or Subcontractors

Initial Ranking

2% - 2.99%

.01% - 1.99%

5% of lowest responsive and responsible bid

4% of lowest responsive and responsible bid

3% of lowest responsive and responsible bid

2% of lowest responsive and responsible bid

1% of lowest responsive and responsible bid

Confirmed DVBE

Participation of DVBE Incentive Amount for IFB

5% or more

4% - 4.99%

3% - 3.99%

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. 10/2022)(Excel 10/19/2022)(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 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.

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

b. DPR 486 - Part 2

c. DGS PD 843

DPR 479IW (Rev. 10/2022)(Excel 10/19/2022)(Page 5 of 5)

a. DPR 486 - Part 1

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 (DPR 486 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.

Signed “Bidder’s Certification.”

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

Agreement Number: C24554002

EXHIBIT A - ATTACHMENT I

SCOPE OF WORK

The objective of this contract is the control of the exotic invasive weed perennial veldt grass (Ehrharta calycina) within specif ied treatment areas at the Oceano Dunes State Vehicular Recreation Area (ODSVRA). Herbicide treatments will be broadcast aerially using a helicopter with a boom sprayer.

Herbicide treatments are projected to be conducted twice each growing season (approximately November through March) within each treatment area. Only grass specif ic herbicides with the active ingredient clethodim and appropriate surfactants and drif t agents shall be used for treatments.

Herbicides will not be provided by the ODSVRA. Contractor shall be responsible for purchasing, storing, transporting, mixing, applying, and disposing of herbicides, surfactants and containers.

Water will not be supplied by ODSVRA. As water is not available on site, the Contractor is responsible to obtain the water necessary for the treatments of f -site and transport it to the project area with a water truck.

The State has chosen the following three (3) treatment areas:

Area A Phillips 66 Leasehold (277 acres)

Area B Boy Scout Camp and Orion Areas (115 acres)

Area C Coreopsis Hill Dune Protected Area (51 acres)

In addition, the State has chosen the following one (1) bid alternate treatment area to be included should suf f icient funds be available to add the additional area.

Bid Alternate Area B Maidenform Cascades (51 acres)

Refer to Exhibit A, Attachment II for Treatment Area Map.

Complete and even coverage of all treatment areas is required for each treatment application.

Sensitive Habitats

Please note ODSVRA contains numerous sensitive habitats and is home to several threatened and endangered plants and animals. Contractor shall exhibit the utmost care in working in the dune systems to avoid sensitive plants, animals, habitats, and cultural resources. It is critical that all bidders have experience working in environmentally sensitive areas and it is preferred that bidders have experience working in the Guadalupe - Nipomo Dune Complex or similar dune ecosystems. The following avoidance buf fers have been identif ied and shall be adhered to.

1. The Federally Endangered Nipomo Mesa lupine (Lupinus nipomensis) is present near the Phillips 66 treatment area and precautions shall be taken to avoid drif t over the population. To ensure avoidance of Nipomo Mesa lupine, Park staf f will mark a 100-foot avoidance buf fer using high visibility f lags on poles (approximately six feet high) around locations of Nipomo Mesa lupine prior to commencement of any spraying activity.

2. Sensitive wetland areas are present near the treatment areas and spraying shall not occur within 300-feet of wetlands with surface water present

3. The Phillips 66 treatment area and the Coreopsis Hill treatment area are bordered by agricultural f ields. A 100-foot avoidance buf fer shall be established f rom any existing crops. The Contractor shall take required precautions to prevent any incidents that would cause harm or damage to surrounding properties.

There is potential for changes in sensitive species locations and acreage of sensitive habitat areas.

Therefore, it may be necessary for State Parks to adjust the avoidance buf fers over time. For this reason, State Parks reserves the right to adjust the avoidance buf fer areas so long as there is no net-increase of treatment acreage.

ODSVRA shall provide maps of the designated spray areas with avoidance buf fers clearly identif ied.

The Contractor shall under no circumstances apply herbicides within avoidance buf fers.

Herbicide Application

All herbicide treatments are subject to a Pest Control Recommendation issued by a Pest Control Advisor, licensed under the California Department of Pesticide Regulation and will be provided to the Contractor by the ODSVRA. Treatments shall be conducted using the grass specif ic herbicide mixture containing the herbicide Vaquero®, surfactant Renegade-EA® and drif t management agent Crosshair® in accordance with the Pest Control Recommendation.

Products shall be used at the following application rates in accordance with the Pest Control Recommendation (application rates are subject to change but must comply with product labels):

1. Vaquero® (clethodim), 1 pint per acre

2. Renegade-EA® Activator Surfactant, 2 quarts per acre

3. Crosshair® Drif t Management Agent, 4 ounces per acre

Note: State Parks recognizes that availability of dif ferent herbicides may vary over time and other similar products may become more readily available. For this reason, dif ferent herbicide products with the active ingredient clethodim may be used, if and only if , a Pest Control Recommendation is obtained for the products by the Contractor at the Contractors expense. Any changes to the herbicide products are contingent on approval by the State Parks designated representative and the State Parks representativ e has the right to deny the use of dif ferent herbicide products for any reason.

All label precautions shall be observed. Drif t shall not be allowed f rom the treatment area.

All herbicides, surfactants and drif t agents shall be purchased and stored of f site by the Contractor.

Timing is critical when spraying perennial veldt grass. Treatment is not tied to a calendar date but to a specif ic stage of the perennial veldt grass plant phenology. Rain and temperature are key factors in determining the onset of the plants break in dormancy and developing f lowers and seed heads.

State Parks shall monitor all perennial veldt grass treatment sites and contact the Contractor when conditions are optimum for spraying. Optimum spray time is f rom emergence to before f lower set.

Estimated timing is approximately one month af ter accumulated rainfall of 0.5 inches and generally November through March. Complete and even coverage of all treatment area is required for each herbicide application.

Page < # > of < # >

EXHIBIT A - ATTACHMENT II

Treatment Area Map

FIGURE 1

2. The term of this Agreement is:

SAMPLE

Contractor's Name:

Agreement Number:

Page: 1 of 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: Pismo Beach, CA 93445 City/State/Zip Code:

Phone: Phone:

Fax: Fax:

E-mail Address: E-mail Address:

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

See Exhibit A, Attachment II Photos and Maps for location details

During the growing season each year, approximately

340 James Way, Suite 270

C24554002

Helicopter Herbicide

Department of Parks and Recreation ronnie.glick@parks.ca.gov

Oceano Dunes District

Ronnie Glick

805-773-7180

EXHIBIT A

(Standard Agreement)

Herbicide treatments for the control of the exotic invasive weed perennial veldt grass (Ehrharta calycina), broadcast aerially using a helicopter with a boom sprayer.

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 I, 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)

C24554002

Cost Breakdown

EXHIBIT B

(Standard Agreement) of

Oceano Dunes District 340 James Way, Suite 270

Pismo Beach, CA 93449 or emailed to (PREFERRED METHOD)

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)

C24554002

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

(Standard Agreement) of

Contractor’s Name:

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

EXHIBIT D — SERVICES

(Standard Agreement)

SPECIAL TERMS AND CONDITIONS

1. Insurance Requirements

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:

A. Policy

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.

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

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. The policy shall include Coverage for Pesticide and Herbicide endorsement with limits not less than $1,000,000 on General Liability policy.

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.

Pollution Liability Insurance: Contractor shall maintain pollution liability with limits no less than $1,000,000 each incident and $2,000,000 aggregate covering bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs.

Coverage shall be for work performed on site as well as during handling and transport of hazardous materials.

Aircraft Liability - Contractor shall maintain Aircraft Liability on an occurrence basis including products and completed operations, property damage, bodily injury with limits of not less than $1M per occurrence and $2M per seat for passengers.

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

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.

The policy must name The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the contract.

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

Additional Insured: That the State of California, its officers, agents, employees and servants are included as additional insured, but only insofar as the operations under this agreement are concerned. The endorsements are to be provided for the general liability and motor vehicle liability policies.

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

D. Contractor’s Additional Responsibilities

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

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

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

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

E. Insurance Companies

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

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

F. State Remedies

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

2. License and Permits

Contractor shall be an individual or firm licensed to do business in California and shall obtain at its expense all license(s) and…