C24900005_Bid_Package.pdf

State of California

Natural Resources Agency

Department of Parks and Recreation

Project Manual

Invitation for Bid Colonel Allensworth State Historic Park

C24900005

Agricultural Well Repair Project

Tulare County, California

Projected Schedule:

Release Date: Wednesday, February 26, 2025

Mandatory Job Showing: Wednesday, March 12, 2025, at 11:00 am

Deadline for Written Questions from Bidders Wednesday, March 19, 2025, at 1:00 pm

Bid Due Date and Time Wednesday, March 26, 2025, at 1:00 pm

Bid Opening Date and Time Wednesday, March 26, 2025, at 1:30 pm

Department of Parks and Recreation Great Basin District - Colonel Allensworth SHP

Agricultural Well Repair Project C24900005

Table of Contents Cover Page Table of Contents Notice to Contractors Instruction to Bidders (Section 00100) (DPR 482A) Small Business (SB) Preference and TACPA Notice (DPR 478) Disabled Vetern Business Enterprise (DVBE) Notice (DPR 479IW) Contractor's Acutal SB/MB & DVBE Participation (DPR 489) (Sample) DVBE Declaration (DGS PD 843) (Sample) Bidder's Declaration (GSPD-05-105) (SAMPLE) Commerically Useful Function - Bidder Certification (DPR 87) (Sample) Non-Collusion Affidavit (DPR 837) (Sample) Bidder's Bond (DPR 495) (Sample) California Public Contract Code Section 10162 Questionnaire (DPR 20) Darfur Contracting Act Form (DPR 74) (Sample) Fair Chance Employment Act (DPR 282PW) (Sample) California Civil Rights Laws Certification (DGS OLS 4) (Sample) Generative Artifical Intelligence (GenAI) Reporting and Factsheet (STD 1000) (Sample) Contractor Certification Clause (CCC 04/2017) (Sample) Payee Data Record (STD 205) (Sample) Payee Data Record (STD 204) (Sample) Standard Agreement (STD 213) (Sample) Exhibit A, Scope of Work (DPR 603PW) (Sample) Exhibit A, Attachment 1, Project Specifications Exhibit B, Budget Detail and Payment Provisions (DPR 604PWL) (Sample) Exhibit B, Attachment 1 - Public Works Bid Form (DPR 482b) Exhibit C, General Terms and Conditions (view and download via internet) https://www.dgs.ca.gov/OLS/Resources/page-content/office-of-legal-services-resources-list-folder/standard-contract-language Exhibit D, Special Terms and Conditions (DPR 605PW)

Special Requirments Section 00700 - General Conditions (DPR 483) Section 000802 - Supplemental Conditons Section 000804 - Disposal of Refuse Section 012900 - Payment Procedures Section 013300 - Submittal Procedures Section 014200 - References Section 012600 Contract Modification Procedures Section 017700 - Closeout Procedures http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx%20) https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Specifications:

011100 - Summary of Work 015000 - Temporary Facilities & Controls 016000 - Product Requirements 017300 - Execution 099656 - Epoxy Coatings

330110.91 - Rehabilitation of Water Supply Wells 330524 - Steel Pipe 331136 - Submersible Well Pumps 400578 - Air and Vacuum Release Valves 407300 - Pressure Measurement

Plans and Drawings:

Exhibit A, Attachment 1 Wellhead Details

Bid Forms:

Bidder's Checklist Public Works Bid Form (DPR 482B) Bidder's Declaration (GSPD-05-105) DVBE Declarations (DGS PD 843) Commercially Useful Function - Bidder Certification (DPR 87)* *Commercially Useful Function - Bidder Certification (DPR 87) applicable for each SB/DVBE prime subcontractor Non-Collusion Affidavit (DPR 837) Bidder's Bond (DPR 495) California Public Contract Code Section 10162 Questionnaire (DPR 20) Darfur Contracting Act Form (DPR 74) Fair Chance Employment Act (DPR 282PW) California Civil Rights Laws Attachment (DGS OLS 04) Generative Artificial Intelligence Form (GenAI) Reporting and Factsheet (STD 1000) Contractor Certification Clauses (CCC 04/2017)

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PUBLIC WORKS

NOTICE TO CONTRACTORS

Colonel Allensworth State Historic Park Agricultural Well Repair Project

Bid Number: C24900005

Sealed bids will be received via hand delivery, U.S. Mail, or Carrier Service at the office of the Department of Parks and Recreation, at 15101 Lancaster, CA, 93536. up to 1:00 p.m., On, Tuesday, March 26, 2025, at which time and place they will be opened and read for performing the work as follows:

Furnish all labor, materials, tools and equipment necessary to Repair the Agricultural Well at Colonel Allensworth SHP in Tulare County, California, complete and in accordance with the plans and specifications therefore and such addenda thereto as may be issued prior to bid opening date.

License required: C-57

Engineer's Estimate: $125,000.00

Contract Term: 120 Calendar Days from Notice to Proceed Contract Work Performance Period: 485 Calendar Days from Formal Start Work Date

NOTE: A job showing will be held at 11:00 a.m. on Wednesday, March 12, 2025, at Colonel Allensworth – 4011 Grant Ave, Earlimart, CA 93219. Attendance at the job showing is MANDATORY. No bid will be considered by a Prime Contractor that did not attend the job showing.

The bidder agrees to complete all work within ONE HUNDRED TWENTY (120) calendar days from the date of written notice to commence work. This time includes ten

(10) calendar days allowed for the contractor to begin work.

Questions and Answers: Any discrepancies, omissions, ambiguities, or conflicts in or among the contract documents or doubts as to meaning shall be brought to the State's attention by including your comments to:

Hope Gonzalez at hope.gonzalez@parks.ca.gov– NO LATER THAN 2 p.m., seven (7) calendar days prior to bid opening date. Answers will be provided by Addendum which will be emailed to job showing attendees or emailed upon request submitted to Hope Gonzalez at hope.gonzalez@parks.ca.gov

No bid will be considered unless it is made on a standard bid form furnished by the Department of Parks and Recreation and is made in accordance with the "Instructions to Bidders".

Bids must be submitted for the entire work as described herein. The Department of Parks and Recreation reserves the right to waive any irregularity in a bid or to reject any or all bids.

mailto:hope.gonzalez@parks.ca.gov mailto:hope.gonzalez@parks.ca.gov

Notice to Contractors

The apparent low bidder will be required to execute a contractual agreement in the form of a "Standard Agreement - Form 213" which shall be binding upon the State of California only upon approval by the State.

Bond requirements for contracts exceeding $5,000 are stated in the General Conditions, DPR 483, Section 00700.

In accordance with the provisions of Section 1770, 1773 and 1773.1 of the Labor Code, the Department has ascertained that the general prevailing rate of wages in the county in which the work to be done be as listed by the Department of Industrial Relations

(415) 703-4780. A copy of this listing is on file at the address listed above or at www.dir.ca.gov.

Participation in Disabled Veteran Business Enterprise Program (DVBE): 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.

Notice of Requirement for Nondiscrimination Program: Your attention is called to the "Nondiscrimination Clause" set forth or referred to herein, which is applicable to all nonexempt State construction contracts, and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth herein.

(Refer to General Conditions at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.)

Withdrawal of Bid: As stated in the Instructions to Bidders, any requests to withdraw a bid must be submitted in writing. Submit via email to hope.gonzalez@parks.ca.gov See Instructions to Bidders, section 1.03M for details.

Public Works Contractor Registration Program – SB 854: 1) No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 2) No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 3) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Refer to http://www.dir.ca.gov/Public-Works/SB854.html for more information.

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. 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 http://www.dir.ca.gov/ http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx http://www.dir.ca.gov/Public-Works/SB854.html

Notice to Contractors the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

GenAI Disclosure: The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Disclosure & Factsheet (STD 1000) to be completed by the Bidder/Offeror.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Armando Quintero, Director

DPR 482A (Rev. 11/2014)(Excel 11/25/2014)(Page 1 of 3)

DEPARTMENT OF PARKS AND RECREATION

PART 1. GENERAL

Bidder shall carefully examine and thoroughly acquaint himself/herself with the conditions at the site of the work, the plans, the specifications and the provisions contained in the project manual. He/she shall investigate conditions character, quality and quantity of surface, and sub-surface materials of obstacles to be encountered.

Failure by the bidder to acquaint himself/herself with site conditions and available information will not relieve him/her from the responsibility for estimating properly the difficulty or cost of successfully performing the work.

The submission of a bid will be considered as conclusive evidence that the bidder has made such examination.

A.

Questions pertaining to the Plans and Specifications which may arise during the bidding period shall be directed to the Question and Answer section of the solicitation posted within the advertisement.

B.

Any discrepancies, omissions, ambiguities, or conflicts in or among the contract documents or doubts as to meaning shall be brought to the state’s attention not later than seven days prior to bid opening date.

A.

All interpretations and clarifications will be in the form of written addenda. All bidders are responsible to inquire as to addenda issued. All addenda become part of the contract documents. Any oral representations issued shall be of no force or effect.

B.

Before submitting bids, all bidders must be licensed in the appropriate classification in accordance with provisions in Chapter 9, Division 3, of the “California Business and Professions Code” as amended.

A.

No bidder may bid on work of a kind for which he/she is not properly licensed by the Contractors State License Board, and any such bid received will be rejected. Joint venture bidders must possess a joint venture license.

State shall not award a contract to a bidder, nor shall a bidder be eligible to bid for or receive a contract, who has, in the preceding five years, been convicted of violating a state or federal law respecting the employment of undocumented aliens.

B.

Bids shall be signed and submitted on the Bid Form provided and shall be filled out in the same name style, manner and license number as bidder is licensed with the Contractors State License Board.

C.

Bids exceeding $250,000 shall have enclosed cash, a cashier’s check, certified check, or a bidder’s bond, executed as surety by a corporation authorized to issue surety bonds in the State of California, made payable to “Director of Parks and Recreation,” in an amount equal to at least 10 percent of amount of bid. No such bid shall be considered unless one of the forms of bidder’s security is enclosed therewith. If bidder’s security is a bidder’s bond, it must be executed on a form approved by the state. Personal checks are not acceptable.

E.

EXAMINATION OF BID DOCUMENTS AND SITE1.01

DISCREPANCIES1.02

BIDS AND BIDDERS1.03

Each bid shall have listed therein the name, address, license number and portion of the work of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of 1/2 of 1 percent of the total bid in accordance with the “Subletting and Subcontracting Fair Practices Act,” commencing with Section 4100 of the Public Contract Code. The contractor agrees that he/she is fully qualified to perform that portion of the work, and that he/she shall perform that portion of the work for which a subcontractor has not been listed.

D.

SECTION 00100

PUBLIC WORKS

INSTRUCTIONS TO BIDDERS

Contractor:

Contract #: C24900005

DPR 482A (Page 2 of 3)

Within 10 days after the contract award the Department of Parks and Recreation will return all bidder’s security, other than bidder’s bonds, accompanying proposals that are not to be further considered in making the award.

Retained bidder’s security will be held until the contract has been fully executed, after which all bidder’s security, except bidder’s bonds, will be returned.

Bids shall not be qualified. Any proposal modifying the conditions of the bid will be disregarded, or will be cause for rejection of the bid. Deviations from the Plans and Specifications shall not be considered and shall be cause for rejection of the bid.

F.

Bids shall include the cost of all items shown on the Plans, mentioned in the Specifications, or reasonably inferred therefrom as necessary to complete the work within the intent of the contract documents.

G.

Bid shall include all applicable federal, state and other taxes, together with the cost of all permits, licenses and the like, which may be required under various laws and regulations.

H.

No bids exceeding $1,000.00 shall be considered unless a sworn statement is executed by the bidder on the form provided by the state titled “NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID FOR PUBLIC WORKS,” DPR 837, and submitted with the bid. BIDDER’S

SIGNATURE ON THE FORM MUST BE NOTARIZED.

O.

If the contract is awarded, it will be awarded to lowest responsible bidder whose bid complies with all prescribed requirements, which may include a “Small Business Vendor” in accordance with California Code of Regulations, Title 2, Section 1896 et seq.

B.

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

Amounts shall be written in figures.I.

Bids shall be submitted in duplicate in a sealed envelope. This sealed envelope shall be delivered to the place shown prior to the time and date for the bid opening. This envelope must have the return address of the bidder.

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

J.

No bids will be accepted after the time set for the bid opening.K.

Bids will be opened and read publicly at the time set for the bid opening, or as soon as practicable thereafter.L.

Any bid may be withdrawn prior to the time fixed in the Notice to Contractors for submitting bids, provided a request for withdrawal is submitted in writing, signed by the bidder or his duly authorized representative and filed at, or e-mailed to or faxed to the place shown on the Notice to Contractors. An oral, telegraphic, or telephonic request to withdraw or alter a bid proposal is not acceptable.

M.

No bid may be withdrawn after the time fixed in the Notice to Contractors for submitting bids.N.

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 state.

P.

1.04 CONTRACT

A.

DPR 482A (Page 3 of 3)

Failure to provide the required executed contract documents within the ten (10) working days, not including Saturdays, Sundays and Legal Holidays may be deemed refusal of an award which may be cause for forfeiture of bidder’s security.

The state may award to the next lowest responsible bidder and avail itself of all legal remedies provided by

The contract shall be binding upon the state only after approval by the state. Should work begin in advance of receiving notice that the Contract is approved, that work shall be considered as having been done by a volunteer and Contractor shall go unpaid.

D.

CERTIFICATE OF INSURANCE1.05

The contractor shall furnish a Certificate of Insurance to the state as described in General Conditions, DPR 483, Section 00700.

The apparent low bidder shall execute the required number of copies of the contract documents and return them within ten (10) days, not including Saturdays, Sundays and Legal Holidays, after he/she has received notice that he/she is the apparent low bidder. Signature of the apparent low bidder on the contract documents will complete identification of these documents.

C.

CALIFORNIA PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE 1.06

Bidder shall be required to submit a DPR 20 (California Public Contract Code Section 10162 Questionnaire) for bids that exceed $147,000. Failure to submit this form with the bid shall not be cause for rejection; however, bidders must furnish the completed form within the time frame prescribed by the Department of Parks and Recreation. Failure to submit the required information within the time frame prescribed by the Department of Parks and Recreation may be deemed refusal of an award which shall be cause for forfeiture of bidder’s security.

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 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.

DPR 489 (4/2023)(Excel 4/3/2023)

COMPANY INFORMATION

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

COMPLETION INSTRUCTIONS

PART 1 — ACTUAL SMALL BUSINESS (SB)/MICRO BUSINESS (MB) PARTICIPATION

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIME COMPANY NAME

CONTACT

CONTACT

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

PART 2 — CERTIFICATION

SIGNATURE

DATE

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

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

SB/MB company listed for participation.

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

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

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

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

CONTACT PHONE TOTAL DOLLAR VALUE PAID TO PRIME COMPANY

SUBCONTRACTED COMPANY NAME

CONTACT

CONTRACTED WITH

PERCENT OF CONTRACTTIER

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

CONTACT PHONE DOLLAR VALUE

CONTACT

CONTACTCONTACT

CONTRACTOR'S ACTUAL SMALL BUSINESS PARTICIPATION

PRINTED NAME

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

CONTRACTED WITH

PERCENT OF CONTRACTTIER

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

CONTACT PHONE DOLLAR VALUE

CONTRACTED WITH

PERCENT OF CONTRACTTIER

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

CONTACT PHONE DOLLAR VALUE

SUBCONTRACTED COMPANY NAME

SUBCONTRACTED COMPANY NAME

P R I M E

S U B

S U B

S U B

NONE CERTIFICATION NO.

SB/MB CERTIFICATION NO.

SB/MB CERTIFICATION NO.

SB/MB CERTIFICATION NO.

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

SB/MB

CONTACTCONTACT

CONTRACTED WITH

PERCENT OF CONTRACTTIER

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

CONTACT PHONE DOLLAR VALUE

SUBCONTRACTED COMPANY NAME

S U

B SB/MB CERTIFICATION NO.

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

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

DPR 483 (Rev. 11/2014)(Excel 11/25/2014) 1

DEPARTMENT OF PARKS AND RECREATION

SECTION 00700

GENERAL CONDITIONS

Acceptance (or Final Completion) – Acceptance occurs when all the provisions and requirements of the Contract are complete and is so certified by State’s Representative.

A.

1.01 DEFINITIONS

Bulletin – A Bulletin is a written order directed to Contractor and issued by State’s Representative, directing a minor change or making a clarification in the Work, or requesting information from Contractor about the Work. A Bulletin is to be used for minor changes or clarifications which State's Representative believes will have no impact on the Contract Sum or Contract Time.

B.

Calendar Day (or Day) – A Calendar Day is a day of twenty-four (24) hours measured from one midnight to the next midnight, Pacific Time. Unless otherwise indicated, a “day” shall mean a Calendar Day.

C.

Change Order (or Amendment) – A Change Order is a written modification of the Contract Documents made in accordance with the provisions of Section 1.08 of these General Conditions and which has been signed by State and Contractor.

D.

Contract (or Contract Documents) – The Contract shall consist of the Notice to Contractors; Instructions to Bidders; Bid Form;

Bidders Bond; Standard Agreement – STD. 213; General Conditions; STD. 807, Payment Bond; Performance Bond; Special Provisions; Specifications; Plans; STD. 811, Small Business Preference and Certification; Certificate of Insurance; Addenda;

Amendments; Non Collusion Affidavit; Disabled Veteran Business Enterprise Compliance Certification and Documentation; and any other provisions made a part thereto by reference.

E.

Contract Time – The Contract Time shall be the number of Calendar Days specified in which the Work is to be completed including any adjustments and/or time extensions that may be granted by State in accordance with the terms of the Contract.

F.

Contract Sum – The Contract Sum is the total amount of money stated in the Contract as payable to Contractor for the performance of the Work under the Contract, including authorized adjustments thereto.

G.

Contractor – The Contractor is the person, firm, individual, partnership, company, corporation, association, joint venture, or any combination thereof, who has entered into the Contract with State.

H.

Event of Default – An Event of Default is an action that permits termination of the Contract as described herein.I.

Field Order – A Field Order is a written order directed to Contractor and signed by State’s Representative directing a change or making a clarification in the Work, or requesting information from Contractor about the Work. A Field Order signed by Contractor indicates receipt of the Field Order. A Field Order shall be followed by a Change Order.

J.

K.

Not-in-Contract (NIC) – Not -in-Contract means work not included in the Contract.M.

Project – The Project means the erection, construction, alteration, repair, or improvement to be accomplished under the Contract.N.

L. Milestone Date – A Milestone Date is a significant point in the development of the Work that is illustrated on Contractor’s Project Work Schedule.

Legal Holidays – Legal Holidays are every Sunday; January 1; 3rd Monday in January; February 12; 3rd Monday in February; March 31; the last Monday in May; July 4; 1st Monday in September; 2nd Monday in October; November 11; Thanksgiving Day and the following Friday; December 25; and every day so declared by the President of the United States or the Governor of California. If January 1, February 12, March 31, July 4, November 11, or December 25 falls on a Sunday, the following Monday is a holiday. If November 11 falls on a Saturday, the preceding Friday is a holiday.

O. Project Work Schedule – The Project Work Schedule is the schedule furnished by Contractor to State in accordance with Section 1.06A(2) of these General Conditions displaying the anticipated schedule for completing the Work.

P. Punch List – The Punch List is the list prepared as a result of a final inspection conducted by State at the completion of the Work indicating items to be completed, corrected, and/or replaced with regard to the Work as specified in the Contract Documents.

Contractor:

Contract #:C24900005

DPR 483 2

Where conflict exists between the Contract Documents or between the Contract Documents and applicable standards under codes or ordinances promulgated by governmental bodies having jurisdiction over the Project, CONTRACTOR SHALL BE DEEMED TO HAVE AGREED TO PERFORM THE MOST STRINGENT OR HIGHEST QUALITY WAY OF PERFORMING THE WORK.

C.

Substantial Completion – Substantial Completion is the point at which, in the discretion of State, in accordance with Section 1.09D of these General Conditions, the Project may be used for the purpose for which it is being constructed exclusive of Punch List items which do not interfere with such use and may be completed notwithstanding use of the Project.

V.

Supplier – A Supplier is anyone who contracts with Contractor or a Subcontractor to furnish materials or equipment for the Project.W.

Work – The Work is everything required to complete the Project, including, but not limited to, all labor, suppliers, material, equipment, and tools.

X.

1.02 CORRELATION AND INTENT OF CONTRACT DOCUMENTS

What is required by one document shall be as binding as if required by all. In the event of conflicts among the Contract Documents, such conflicts shall be resolved by giving the documents the following order of priority: (1) The Contract between State and Contractor, as the same may be amended (Amendments and revisions of later date take precedence over those of earlier date); (2) Special Conditions; (3) General Conditions; and (4) Drawings and Specifications. Drawings govern Specifications for quantity and location, and Specifications govern Drawings for quality and performance. In the event of ambiguity in quantity or quality, the greater quantity and the higher quality shall govern. Dimensions shall be figured rather than determined by scale or rule. Full-size or large-scale details or Drawings shall govern small-scale details or Drawings.

B.

Should Contractor discover conflicts, omissions, or errors in the Contract Documents or have any question concerning interpretation or clarification of the Contract Documents, or if it appears to Contractor that the Work to…