C24925015_-_Invitation_for_Bid.pdf

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Attached to
C24925015 - Bolsa Chica Lodge Pole Fencing
Solicitation number
0000033250
Issued by
Orange County, Orange Cove City, Orange City, Orangevale CDP, Orange Blossom CDP, California

About this file

This is an Invitation for Bid (IFB) issued by the California Department of Parks and Recreation, Orange Coast District, for lodge pole fencing installation at Bolsa Chica State Beach in Huntington Beach, CA. The scope involves furnishing and installing approximately 400 linear feet of 2-rail alternating panel lodge pole fencing with 5.5" pressure treated posts and 3.5" round horizontal rails in Lot 17. The project includes a mandatory pre-bid conference/job walk scheduled for November 14, 2024 at 10:00 AM. Questions are due by November 27, 2024 at 1:00 PM, and bids must be submitted electronically by December 10, 2024 at 2:00 PM. The contract duration is 60 calendar days from notice to proceed, which includes 10 days for contractor mobilization.

The estimated cost for this project is $27,000. The contract requires a C-13 license and includes a mandatory 6% DVBE (Disabled Veteran Business Enterprise) participation requirement. A 5% small business preference is available for certified small businesses. The project requires a payment bond for 100% of the contract amount if exceeding $25,000, and a performance bond if exceeding $10,000. The State will retain 5% from each progress payment. Five percent of the final payment will be withheld until completion of punch list items. The project requires prevailing wage rates and workers' compensation insurance coverage.

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INVITATION FOR BIDS

BOLSA CHICA LODGE POLE FENCING

BID NO. C24925015

BOLSA CHICA STATE BEACH

17851 PACIFIC COAST HWY

HUNTINGTON BEACH, CA 92649

OCTOBER 2024

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

ORANGE COAST DISTRICT

Orange Coast District 3030 Avenida Del Presidente San Clemente, CA 92672

INVITATION FOR BID

Notice to Prospective Bidders

October 2024

You are invited to review and respond to an Invitation for Bid (IFB) entitled Bolsa Chica Lodge Pole Fencing located at Bolsa Chica State Beach, Orange Coast District, CA State Parks. The Solicitation Number is C24925015. In submitting your bid you must comply with these instructions.

Note that all agreements entered into with the State of California will include by reference the

General Terms and Conditions Section 04/2017 and the Contractor Certification Clauses

CCC-04/2017. These may be viewed and downloaded at the Internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-

Folder/Standard-Contract-Language. If you do not have access to the Internet, a hard copy can be provided by contacting the person listed below.

In the opinion of The Department of Parks and Recreation, this invitation for Bid is complete and without need of explanation. However, if you have questions or should you need any clarifying information, the contact person for this IFB is:

Shari Paige

Department of Parks and Recreation

Orange Coast District

209-684-0551 Shari.Paige@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.

Shari Paige, Contract Administrator

State of California • Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

Gavin Newsom, Governor

Armando Quintero, Director https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:Shari.Paige@parks.ca.gov

NATURAL RESOURCES AGENCY OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

ORANGE COAST DISTRICT

TABLE OF CONTENTS

ITEM PAGES

Cover Page …………………………………………………………………………………. 1 Table of Contents…………………………………………………………………………… 1 Key Action Dates …………………………………………………………………………… 1 Public Works Notice to Contractors (DPR 112A) ……………………………………….. 1 Exhibit D, Attachment 1 – Project Manual ……………………………………………….. 2

I. SMALL BUSINESS AND DVBE PREFERENCES AND INCENTIVES

Small Business Notice (5% Preference) (DPR 478) …………………………………… 3 DVBE Notice & Checklist (6% Participation Mandatory) (DPR 479IP) ………………. 6

II. INVITATION FOR BIDS, SPECIFICATIONS, TERMS AND CONDITIONS

Section 00100 Public Works Instructions to Bidders (DPR 482A) …………………… 3 FENCES Specs 14 Exhibit D, Attachment 2 - Section 00700 General Conditions (DPR 483) ........…….. 14

III. SAMPLE AGREEMENT

(The following pages represent a sample of the contract that will be awarded from this IFB. Please review it carefully and present any questions in writing to the contact identified for this IFB).

State’s Standard Agreement (STD 213PW) ……………………………………………. 1 Exhibit A, Scope of Work (DPR 603PW) ……………………………………………….. 1 Exhibit B, Budget Detail and Payment Provisions (DPR 604 PWL)………………... 1

Exhibit B Attachment 1 – Bid Forms (DPR 482B) …………………………….. 1 Exhibit C, General Terms and Conditions (incorporated by reference, view/download via https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC- April-2017-FINAL.pdf Exhibit D, Special Terms and Conditions (DPR 605PW) ……………………………...

Exhibit D, Attachment 1 – Project Manual (see above)

Exhibit D, Attachment 2 – General Conditions – Section 00700 (see above)

SAMPLE Payment Bond (required after award of contract)…………………………... 1

IV. BLANK BID SUBMITTAL DOCUMENTS

Bid Document Checklist ………………………………………………………………….. 1 Public Works Bid Form (DPR 482B) and attachments (Exhibit B Attachment 1) …... 2 Bidder Declaration – GSPD-05-105 …………………………………………………….. 1 DVBE Documentation Checklist (DPR 479) …………………………………………. 1 Bidder’s DVBE Participation (DPR 486) ………………………………………………... 1 Disabled Veteran Business Enterprise Declaration (PD 843) ………………………... 1 Small Business Preference (STD 811) …………….…………………………………… 2 Darfur Contracting Act Certification (DPR 74) …………………………………………. 1 Non-Collusion Affidavit (DPR 837) ………………………………………………………. 1 Contractor’s Certification Clauses (CCC-04/2017) ……………………………………. 5 Fair Chance Employment Act (DPR 282PW) ………………………………………….. 1 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.dgs.ca.gov%2F-%2Fmedia%2FDivisions%2FOLS%2FResources%2FGTC-April-2017-FINAL.pdf&data=05%7C02%7CShari.Paige%40parks.ca.gov%7C30df8146d2364641a8c808dce720a743%7C06fd3d24656448018226b407c4d26b68%7C0%7C0%7C638639374648918228%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=1k8EbibU%2FTsPZM6m8Uhxvwi16ULGwCa7PytGQ6KK330%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.dgs.ca.gov%2F-%2Fmedia%2FDivisions%2FOLS%2FResources%2FGTC-April-2017-FINAL.pdf&data=05%7C02%7CShari.Paige%40parks.ca.gov%7C30df8146d2364641a8c808dce720a743%7C06fd3d24656448018226b407c4d26b68%7C0%7C0%7C638639374648918228%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=1k8EbibU%2FTsPZM6m8Uhxvwi16ULGwCa7PytGQ6KK330%3D&reserved=0

State of California – Natural Resources Agency

Department of Parks & Recreation Orange Coast District

Key Action Dates

Contract Number: C24925015

Bolsa Chica Lodge Pole Fencing

Listed below are the key action dates and times by which the actions must be taken or completed.

Event Date Time

Solicitation released to public 10/29/2024

Mandatory Pre-Bid Conference (Job Walk) 11/14/2024 10:00 AM

Q&A Submission Deadline 11/27/2024 1:00 PM

Bid Submission Deadline 12/10/2024 2:00 PM

Bid Opening 12/10/2024 2:00 PM

DPR 112A (Rev. 6/2016)(Excel 6/1/2016)

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PUBLIC WORKS

NOTICE TO CONTRACTORS

BID SUBMISSION: Electronically Submitted Portable Document File (PDF) Bid Document Packages will be accepted at

OCD.bids@parks.ca.gov by the Department of Parks & Recreation's (DPR) Orange Coast District until December 10, 2024 by 2 PM PT.

Bids will be publicly opened over Microsoft Teams conference call. Individuals interested in calling into the conference must send their request to Shari.Paige@parks.ca.gov to receive a conference participation access code. Please ensure a request for conference-call is submitted 24-hours in advance to allow DPR adequate time to accommodate all Bidders.

SCOPE OF WORK: Contractor hereby agrees to furnish all materials, tools, equipment, and labor necessary to construct Bolsa Chica Lot 17

Lodge Pole Fencing. See Exhibit A, Attachment 1 - Specifications for details.

The full specifications are outlined in the Project Manual marked Exhibit D, Attachment 1, included as part of this bid booklet which may be accessed on-line at https://caleprocure.ca.gov, under current bid name "C24925015 – Bolsa Chica Lodge Pole Fencing". Because of the nature of this project all linear footage, dimensions and locations of areas are approximate; therefore, a pre-bid walkthrough of all bidding contractors is mandatory.

MANDATORY PRE-BID MEETING: Scheduled for November 14, 2024 at 10:00 AM at Bolsa Chica State Beach, 17851 Pacific Coast Hwy, Huntington Beach, CA 92649. You must sign in and out of the Mandatory pre-bid meeting in order for your bid to be considered. Late attendees will be disqualified.

QUESTIONS: Questions may be submitted in writing, via email to Shari.Paige@parks.ca.gov through 1 PM November 27, 2024. Answers will be provided by Addendum which will be posted within the Bid Solicitation located on the CaleProcure website stated above. It is the responsibility of the bidders to download any addenda as needed.

Project Representative: Kaluna Mahi, Park Maintenance Chief I – Kaluna.Mahi@parks.ca.gov

Project Location: (Closest Address) Bolsa Chica State Beach, 17851 Pacific Coast Hwy, Huntington Beach, CA 92649

Required License: C-13 License

Estimated Cost of Project: $27,000.00

Contract Term: One Year from Notice to Proceed

Project Duration: Sixty (60) calendar days from the date of written notice to commence work. This time includes ten (10) calendar days allowed for the contractor to prepare to begin work.

Anticipated start date: TBD

Prospective bidders may examine and obtain bid forms, specifications, and plans by calling or mailing a request to the office of the

Department of Parks and Recreation, at the phone number or address listed above.

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. 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 is to be done be as listed by the Department of Industrial Relations . A copy of this listing is on file at the address listed above or at www.dir.ca.gov.

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 Terms and Conditions at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.)

mailto:OCD.bids@parks.ca.gov mailto:Shari.Paige@parks.ca.gov mailto:Shari.Paige@parks.ca.gov mailto:Kaluna.Mahi@parks.ca.gov http://www.dir.ca.gov/ http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.)

Bolsa Chica Lodge Pole Fencing C24925015

EXHIBIT D, ATTACHMENT 1

Project Manual

Map: The blue dots indicate the placement of the fence. The fence will run the entire length of the sand island that separates the parks service road and Lot 17.

Overview

Contractor hereby agrees to furnish all materials, tools, equipment, and labor necessary to construct Lot#17 Lodge Pole Fencing. Because of the nature of this project all linear footage, dimensions and locations of areas are approximate; therefore, a Pre-bid walk-through of all bidding contractors is mandatory.

Lot #17 serves not only general parking to park visitors but during our summer months it is occupied by our Junior Guard program.

Bolsa Chica Lodge Pole Fencing C24925015

EXHIBIT D, ATTACHMENT

Scope of Work: Project Manual

The scope of work is to install new lodge pole fencing in the center island dividing parking lot#17 and the main service road so traffic does not cross over the island.

Contractor will furnish and install approximately 400L.F. of (2) rail alternating panel lodge pole fencing with 51/2" pressure treated post and 2ea. 31/2" round horizontal rails bolted through 51/2" lodgepole post with 1/2" galvanized all thread bolts. All post to be set in a 12x36" concrete footing san tube not to exceed 8 FT. in Lot 17 of Bolsa Chica

State Beach. The fence will be made out of pressure treated round posts.

Manner and Time of Conducting Work

Skilled persons directly employed and supervised by the Contractor shall perform all work. All Contractor personnel shall limit their activities to their designated work site only. Services shall be provided during regular business hours between 8:00 AM thorough 5:00 PM excluding weekends, State and Federal holidays.

Extras

No charge for any extra work or material will be allowed unless the work and material has been ordered in writing to the contract liaison or designee.

Invoicing

Invoices shall include the agreement (contract) number and will be submitted all according to Exhibit B of the contract. Payment for services will be in accordance with the amount on the Bid Forms, Exhibit B Attachment 1.

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 479IP (Rev. 12/2022)(Excel 12/20/2022)(Page 1 of 6)

Disabled Veteran Business Enterprise (DVBE) Notice

1. Bidder’s attention is directed to the Disabled Veteran Business Enterprise (DVBE) Participation Requirement for bidders, as outlined in the accompanying bid package.

2. In order to be responsive and eligible for award of the contract, bidder must attain the prescribed goals for the DVBE participation.

The DVBE Participation Requirement for this solicitation is 6%.

Failure to fulfill the DVBE requirement will render your bid non-responsive.

3. It is essential that you commence the required participation process immediately, to allow adequate response time for potential DVBE participants.

4. The DVBE participation requirement is mandatory by state law, whether you are conducting business as an individual, partnership or corporation.

IMMEDIATE ACTION REQUIRED

DVBE Participation Requirement and Incentive for Invitation For Bids (IFB)

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

Ryan.Thorne Highlight

DPR 479IP (Rev. 12/2022)(Excel 12/20/2022)(Page 2 of 6)

5. 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 participation and/or incentive program requirements.

6. 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.

7. What is the DVBE participation requirement?

a) Bidders must commit at minimum 6% of their total bid to currently certified and registered DVBE companies for this solicitation. All bidders must meet the full participation requirement based on the total bid amount in order to be considered a responsive bidder.

b) Reporting Requirement: If, for this agreement and pursuant to Military & Veterans Code (MVC) 999.5 (d), 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:

1. the total amount the prime contractor received under the contract

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

3. the amount each DVBE received from the prime contractor

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

5. the actual percentage of DVBE participation that was achieved 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 479IP (Rev. 12/2022)(Excel 12/20/2022)(Page 3 of 6)

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

8. 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.

b) DVBE incentive will be given to bidders who provide DVBE participation above 6%.

c) 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.

9. Who is eligible to receive the incentive?

a) Any responsive bidder who has attained more than the required amount (6%) of DVBE participation per the solicitation instructions.

10. Documentation

a) To be considered a reponsive bidder, bidders must document at least 6% DVBE participation commitment by completing and submitting the following forms:

1. GSPD 05-105, Bidder Declaration

2. DGS PD 843, DVBE Declaration

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

c) DGS PD 843,DVBE Declaration: All disabled veteran owners and disabled veteran managers of the DVBE must complete the form and submit it with the bid package.

A DGS PD 843 needs to be submitted by every DVBE supplier who is part of a bid whether they are the prime contractor or subcontractor .

d) 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 and may be declared unresponsive due to DVBE participation requirements. Clerical and typographical errors on these forms may be corrected at the State’s sole discretion.

e) 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)

Low Price Method

A B C

$98,000.00 $102,100.00 $100,000.00

4% 8% 6%

Unresponsive 2 1 n/a 3% n/a n/a $3,000.00

(3% x $100,000) n/a n/a $99,100.00

($102,100 - $3,000) n/a

Unresponsive 1 2

DPR 479IP (Rev. 12/2022)(Excel 12/20/2022)(Page 4 of 6)

Bidder Name

Original Bid Price

DVBE Participation for certified DVBE Prime or Subcontractors

Initial Ranking

Final Rank:

DVBE Incentive (from Table A) Incentive Amount (% x Lowest Responsive and Responsible Bid Price) Evaluated Bid Price (Bidder's Price - Bidder's Incentive Amount)

7% - 7.99% 6.01% - 6.99%

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

10% or more 9% - 9.99% 8% - 8.99%

11. 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.

d) 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 479IP (Rev. 12/2022)(Excel 12/20/2022)(Page 5 of 6)

12. Substitution of Proposed DVBE

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

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

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

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

e) Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC § 999.9;

Public Contract Code (PCC) § 10115.10, or PCC § 4110 (applies to public works only).

13. 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:

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 (DGS), Procurement Division, Office of Small Business and DVBE Services (OSDS) offers many services that assist contractor/business owners with a variety of information designed to streamline the State contracting process. OSDS also certifies DVBE contractors. For more information, please http://www.dgs.ca.gov/PD mailto:OSDSHelp@dgs.ca.gov

b) DGS PD 843, DVBE Declaration

DPR 479IP (Rev. 12/2022)(Excel 12/20/2022)(Page 6 of 6)

a) GSPD 05-105, Bidder Declaration

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

DVBE Documentation Checklist

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

2. When a firm bids on a state DPR contract that contains DVBE participation, the the dollar amount of the bid must meet the 6% participation requirement set by DPR.

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

DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE SELECTION PROCESS FOR

THE CONTRACT.

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

All DVBE participation is indicated.

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

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

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

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

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

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.

80 FENCES

80-1 GENERAL

80-1.01 GENERAL

Section 80-1 includes general specifications for constructing fences.

80-1.02 MATERIALS

A temporary fence must comply with the plan details and specifications for a permanent fence of the same type except:

1. Used materials may be incorporated in the fence if the materials are good, sound, and suitable for the intended purpose

2. Materials may be commercial quality if the dimensions and sizes of the materials are equal to or greater than the dimensions and sizes shown or specified in section 80

3. Post must be either metal or wood

4. The Department does not require:

4.1. Galvanizing or painting of steel elements

4.2. Treating wood with a wood preservative

4.3. Concrete footings for metal posts

For concrete for a metal post or brace footing or for a deadman, use:

1. Commercial-quality aggregates and cementitious material

2. At least 470 pounds of cementitious material per cubic yard

A reinforcing bar must comply with ASTM A706/A706M.

80-1.03 CONSTRUCTION

Remove earth, trees, brush, and other obstructions that interfere with fence construction.

Connect new fences to existing fences.

Measure post spacing parallel to the ground slope. Place each post in a vertical position except where the Engineer orders you to set the post perpendicular to the ground surface.

Place a corner post with a brace for each direction of strain at each junction with an existing fence.

Fasten the wire in the new and existing fences to each post.

If ordered at a structure, connect the new fence to the structure such that stock can pass freely through or under the structure; otherwise, install an end post and connect the fence to it.

Crown each concrete footing to shed water.

After constructing a fence, uniformly spread the surplus excavated material along the adjacent roadway where designated by the Engineer.

80-1.04 PAYMENT

The payment quantity for fence is the length measured:

1. Parallel to the ground slope

2. Along the fence

The payment quantity does not include the width of openings.

80-2 BARBED WIRE AND WIRE MESH FENCES

80-2.01 GENERAL

80-2.01A Summary Section 80-2 includes specifications for constructing barbed wire and wire mesh fences.

80-2.01B Definitions alignment angle: Change in a line where the angle of deflection is less than:

SECTION 80 FENCES

1. 5 degrees for a steel post barbed wire or wire mesh fence

2. 15 degrees for a wood post barbed wire or wire mesh fence corner: Change in a line where the angle of deflection exceeds:

1. 5 degrees for a steel post barbed wire or wire mesh fence

2. 15 degrees for a wood post barbed wire or wire mesh fence fence, Type BW: Barbed wire fence consisting of 5 lines of barbed wire.

fence, Type WM: Wire mesh fence consisting of wire mesh fabric and 3 lines of barbed wire.

80-2.01C Submittals Reserved

80-2.01D Quality Assurance Reserved

80-2.02 MATERIALS

80-2.02A General Reserved

80-2.02B Metal Posts and Braces Line posts must comply with ASTM A702 except packaging of posts is not required. You may omit the anchor plate if the post is set in a concrete footing with a minimum cross-sectional dimension of 6 inches and a depth equal to the full penetration of the post.

Each end, latch, pull, and corner post must have:

1. Minimum resisting section modulus of 0.32 cubic inch in any direction

2. Length of at least 7 feet

3. Weight of at least 3.1 lb/ft

Each brace and brace post must have:

1. Length of at least 7 feet

2. Weight of at least 1.93 lb/ft

80-2.02C Wood Posts and Braces 80-2.02C(1) General Each wood post and brace must be treated except where untreated wood is specified.

Each wood line post to be driven must be machine pointed at the small end.

Sweep must not exceed 0.08 foot in 6 feet.

80-2.02C(2) Untreated Each untreated wood post and brace must be:

1. Redwood, cedar, Douglas fir, or Southern yellow pine

2. Straight and free from loose or unsound knots, shakes over 1/3 the post thickness, or other defects that would make it unfit structurally for the intended purpose

Post knots must be sound, tight, well spaced, and not over 2 inches on any face.

Each untreated wood line post and brace may be split material and must have:

1. Length of at least 7 feet

2. Perimeter of at least 16 inches

3. Each cross-sectional dimension of at least 4 inches

Each untreated wood end, corner, and brace post must be sawed or hewed and have:

1. Length of at least 8 feet

2. Nominal size of at least 6 by 6 inches

80-2.02C(3) Treated Each treated wood post and brace must be:

1. Douglas fir, Hem-Fir, Southern yellow pine

2. Round or sawed rectangular

3. Free of heart center

Each Douglas fir, Hem-Fir, and Southern yellow pine post and brace must be graded under section 57.

Each sawed post and brace must be of the minimum grade and species shown in the following table:

Grades and Species Nominal size Minimum grade Species

Construction light framing Douglas fir 4 by 4 inch No. 1 structural light framing Hem-Fir

No. 2 structural light framing Southern yellow pine Select structural posts and timbers no. 1 Douglas fir

6 by 6 inch Select structural posts and timbers Hem-Fir No. 1 timbers Southern yellow pine

Each round post and brace must be free from:

1. Decay

2. Shakes over 1/3 the post diameter

3. Splits longer than the thickness or diameter of the post

4. Loose or unsound knots

5. Multiple crooks

6. Other defects that would weaken the post or brace or otherwise make it structurally unsuitable for the intended purpose

Pressure treat each post and brace under section 57 and AWPA U1, Use Category UC4A, Commodity Specification A or B.

Treat posts after pointing.

Instead of the imprint specified in section 57, the treating plant may hammer stamp either end of a treated post and brace with the symbol or name of the company performing the treatment.

For each round post and brace:

1. Peel to remove the outer bark and inner cambium bark except minimal strips of inner bark may remain if not over 1/2 inch wide or over 3 inches long

2. Trim knots flush with sides

3. Remove spurs and splinters

4. Cut ends square

Each line post and brace must be 7 feet long. Any other post must be 8 feet long. Each length may be at most 1 inch shorter and 2 inches longer.

The small end of each round line post and brace must have a cross-sectional dimension between 3-1/2 and 5 inches. The small end of any other round post must have a cross-sectional dimension between 5- 1/2 and 7 inches.

The taper from end to end of each round post and brace must not exceed 1-1/2 inches.

Each sawed rectangular line post must have a…

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