C25680013_Packet.pdf

STATE OF CALIFORNIA ♦ THE RESOURCES AGENCY ♦ CALIFORNIA STATE PARKS

SOLICITATION PACKAGE for

DIABLO RANGE DISTRICT

C25680013

Septic Pumping

Contra-Costa County & Solano County

California

Estimated Term: August 15, 2025 through August 14, 2028

Projected Schedule

Release Date on Cal eProcure June 18, 2025

Job Showing June 24, 2025 starting 9 AM

Deadline for Written Questions from Bidders July 1, 2025 by 5 PM

Answers to submitted questions posted on Cal eProcure

July 3, 2025 by 12 PM

Bid Due Date July 10, 2025 by 10 AM

Bid Opening Date at 15751 Tesla Rd.

Livermore, CA 94550

July 10, 2025 at 12 PM

STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY

Department of Parks and Recreation

Diablo Range District C25680013: Septic Pumping

Term: 36 months Table of Contents

ITEM # of PAGES Cover Page 1 Table of Contents 1 Service Contracts Invitation for Bids/ Instructions to Bidders (DPR940A) 3 Notice to Contractors 4 Small Business Notice (DPR 478) 3 Commercially Useful Function – Bidder Certification (DPR87) 1 Disabled Veteran Business Enterprise Notice (DPR479IW) 5 Bidders Declaration (GSPD-05-105) 2 DVBE Declarations (DGS PD 843) 1 Standard Agreement (STD 213) (SAMPLE) 1

Exhibit A, Scope of Work Exhibit A, Attachment 1, Schedule of Services Exhibit A, Attachment 2, Maps

Exhibit B, Budget Detail 1 Exhibit B, Attachment 1, Contract’s Bid Form 3 (SAMPLE) Exhibit C, General Terms & Conditions (view and download via https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard- Contract-Language

Via Internet

Exhibit D, Special Terms and Conditions (SAMPLE) 5 California Civil Rights Laws Attachment (DGS OLS 04) 1 Contractor Certification Clauses (CCC 04/2017) 4 DARFUR Contracting Act Certification (DPR 74) 1

C25680013

Date:

Time:

Location:

at

Department of Parks and Recreation

Contact Person:

Phone No.:

E-mail:

DPR 940A (Rev. 7/2024)(Excel 7/24/2024)(Page 1 of 3)

Contracts.DiabloRange@Parks.ca.gov

Mount Diablo State Park (SP)

July 10, 2025

12:00 PM

15751 Tesla Road Livermore, CA 94550

Vincent Houlihan

(925) 447-4633

August 15, 2025 through August 14, 2028

Diablo Range District

Livermore, CA 94550 15751 Tesla Road

Provide all labor, equipment, and materials required for septic pumping services and emergency septic pumping services.

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

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

1.

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

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

Additional requirements/information are as follows:

Valid Hazardous Substance Removal Certification license issued by the California Department of Consumer Affairs, Contractors State License Board.

The anticipated performance period of the contract is

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

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

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

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

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

SERVICE CONTRACTS

INVITATION FOR BIDS/INSTRUCTIONS TO BIDDERS

CONTRACT/BID NO.:

DPR 940A (Rev 7/2024)(Page 2 of 3)

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

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

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

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

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

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

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

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

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

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

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

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

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. 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 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.

16. Generative Artificial Intelligence

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.

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

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

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder/Offeror/Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror/Contractor GenAI Reporting and Factsheet (STD 1000), 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.

DPR 940A (Rev 7/2024)(Page 3 of 3)

A copy of the written protest should be sent to:

Department of Parks and Recreation Administrative Services Division Manager, Contract Services Unit

P.O.Box 942896 Sacramento, CA 94296-0001

Protests of award shall be in writing and filed with:

Department of General Services Office of Legal Services

Attention: Protest Coordinator 707 Third Street, 7th Floor

West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov

A. Upon written request by any bidder who has submitted a bid, the agency must post a notice of the proposed contract award in a place accesible by the general public including any internet site identified in the IFB at least five days prior to awarding the contract.

If contract is not awarded to the low bidder, the low bidder shall be notified by FAX, overnight courier, e-mail, or personal delivery five (5) working days prior to the award of contract.

B. Inspection of bids is permitted as follows:

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

C. There are time limits in which to file a protest. A protest must be filed with the agency and DGS after notice of intent to award the contract, but before the actual award.

D. Once a protest is filed the contract may not be awarded until the protest is withdrawn or DGS has rendered a decision.

E. After filing a protest, the protestant has five calendar days to file a detailed written statement of the protest grounds if the original protest did not contain the complete grounds for the protest.

Procedure for Protesting an Award mailto:OLSProtests@dgs.ca.gov?subject=Protest%20of%20award

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

NOTICE TO CONTRACTORS

Diablo Range District

Septic Pumping and Disposal – Contra-Solano Sector Bid Number: C25680013

Bids submitted electronically must include all necessary fully executed bid submission documents as an attachment in Portable Document Format (PDF) to Contracts.DiabloRange@parks.ca.gov no later than 10:00 a.m., Thursday, July 10, 2025. Bid submission time will be as of the electronic time stamp associated with when the electronic email submission was received. Submissions with attached PDF documents in excess of 10 Megabytes in size risk being rejected and can be deemed unresponsive. DPR will provide an individual electronic email response confirming receipt of each submission received. If a confirmation receipt is not received within 30-minutes of submission, please contact Vincent Houlihan at the email address above to confirm your bid was received. Confirmation receipt is not a representation by DPR that the submitted bid is responsive and complete. Bidders are responsible for ensuring that the electronic submission contains the attachment, is fully responsive and lacks any deficiency prior to submitting to the email address above. Failure to do so risks the bid being deemed unresponsive. It is recommended that Bidders submit bids at least an hour in advance of the bid submission deadline to allow for confirmation of bid submission. Bids will be opened publicly over conference-call at 12:00 p.m. on Thursday July 10, 2025. Individuals interested in calling into the Bid Opening must send their request into Contracts.DiabloRange@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. Bids will be submitted for performing the work as follows:

Furnish all labor, materials, tools and equipment necessary to provide septic tank pumping services, complete and in accordance with the plans and specifications therefore and such addenda thereto as may be issued prior to bid opening date.

Estimated Contract Term: August 15, 2025 through August 14, 2028 Contract Performance Period: Three Years from Contract Execution Date

Instructions to Download Bid Package: Prospective bidders may examine and obtain the bid forms, specifications, plans and addenda (if any) by downloading this bid package from the Department of General Services’ (DGS) website at:

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx. At the website go to Quicklinks, View/Search Bids, and enter Bid Number “C25680013” in the “Event Name” field. Click on the “Search” button to view the full advertisement and bid documents.

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 directly to Contracts.DiabloRange@parks.ca.gov NO LATER THAN 5 p.m., nine (9) calendar days prior to bid opening date. Answers will be provided by Addendum which will be posted within the Bid Solicitation located on the Cal eProcure website stated above. It is the responsibility of the bidders to download any addenda as needed.

mailto:Contracts.DiabloRange@parks.ca.gov mailto:Contracts.DiabloRange@parks.ca.gov https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx mailto:Contracts.DiabloRange@parks.ca.gov

Notice to Contractors

Bidding Requirements: No bids will be accepted after the date and time set for bid due date.

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. DPR reserves the right to waive any irregularity in a bid or to reject any or all bids.

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

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

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

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

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

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

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

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 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.

Procedure for Protesting an Award: Upon written request by any bidder who has submitted a bid, the agency must post a notice of the proposed contract award in a place accessible by the general public including any internet site identified in the IFB at least five days prior to awarding the contract.

If contract is not awarded to the low bidder, the low bidder shall be notified by e-mail, or personal delivery five (5) working days prior to the award of contract. Inspection of bids is permitted after the bid opening. At that time, all bids shall be available for public inspection.

There are time limits in which to file a protest. A protest must be filed with the agency and DGS after notice of intent to award the contract, but before the actual award. Once a protest is filed the contract may not be awarded until the protest is withdrawn or DGS has rendered a decision.

After filing a protest, the protestant has five calendar days to file a detailed written statement of the protest grounds if the original protest did not contain the complete grounds for the protest.

Protests of award shall be in writing and filed with:

Department of General Services Office of Legal Services

Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, West Sacramento, CA 95605 OLSprotests@dgs.ca.gov

A copy of the written protest should be sent to:

Administrative Services Division Manager, Contract Services Unit

P.O.Box 942896 Sacramento, CA 94296-0001 Veronica.cruz@parks.ca.gov

Bid Submission: In order for a bid to be considered responsive, Bidder must submit the following documents in a single PDF document by the due date above:

DPR 87 – Commercially Useful Function – Bidder Certification, if applicable (Page 13) GSPD 05-105 – Bidder Declaration (Page 19)

DPR 843 – DVBE Declarations, if applicable (Page 21) Exhibit B, Attachment 1 – Contractor’s Bid Form (Page 44) DGS OLS 04 – California Civil Rights Laws Attachment, if applicable (Page 52) CCC 04/2017 – Contractor Certification Clauses (Page 53) mailto:OLSprotests@dgs.ca.gov mailto:Veronica.cruz@parks.ca.gov

DPR 74 – Darfur Contracting Act Certification, if applicable (Page 57)

All forms requiring a signature can be completed either manually, or by use of electronic signature (e-signature). E-signatures are legally binding and equivalent to handwritten signatures to signify an agreement. The use of e-signature is optional and will be at the expense of the Bidder.

5% SMALL BUSINESS PREFERENCE PROGRAM

Bidder

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

$29,870 $28,421

Small Business Status

Claims small business status, but is not CA certified

Does not claim to be a small business Claims small business status, but their CA certification has expired

Claims small business and is CA Certified

$28,975 $28,975

$29,520 $29,520

Bid Amount Bid After 5% Preference

$30,750 $30,750

SMALL BUSINESS PREFERENCE AND TACPA NOTICES

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

What is a California Certified Small Business (SB)?

1) For a business to be considered a Small Business (SB), they must be certified with the State of California - Department of General Services in accordance with California Code of Regulations, Title 2, Section 1896.94.

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

a. Must be independently owned and operated.

b. Cannot be dominant in its field of operation.

c. Must have its principal office located in California.

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

e. Together with its affiliates, be either:

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

• A manufacturer with 100 or fewer employees.

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

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

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

What is the Small Business Preference?

5% Small Business Preference: State law allows certified small business (SB) and microbusiness (MB) firms to receive a 5% bidding preference on applicable state solicitations. The 5% preference is also available for non-certified businesses who subcontract 25% of contract amount with a certified SB/MB. In no event shall the SB preference or non-SB subcontracting preference exceed $50,000 in any single bid.

The effect of the preference is to help SBs/MBs be more competitive in the bid process, thereby enhancing state contract awards directly or indirectly to SB/MB. The preference is only used for computation purposes to determine the winning bidder, the contract is awarded at the actual bid amount.

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

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

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

The State of California www.dgs.ca.gov/PD/Contact Department of General Services Receptionist: (916) 375-4940 Office of Small Business and DVBE Services 24-hour recording: (916) 322-5060 707 Third Street, First Floor – Room 400 FAX: (916) 375-4950 West Sacramento, CA 95605 OSDSHelp@dgs.ca.gov

DPR 478 (Rev. 9/2023)(Page 2 of 3)

b) Computation Method for example 4-a:

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

2. The preference amount ($1,448.75) is subtracted from the certified small business (Bidder 4’s) bid amount ($29,870 - $1,448.75 = $28,421.25).

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

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

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

2. Documentation

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

b) If a non-certified firm is claiming the SB Preference based on subcontracting at least 25% of the contract to a certified SB/MB, you must include a complete GSPD 05-105 with your bid. An evaluated bid under the 25% SB subcontracting qualification cannot displace a certiffied and registered SB.

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

3. Verification Information submitted by the bidders to claim the SB Preference will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the 2 CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

4. To locate SB/MB contractors:

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

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

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

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

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

TARGET AREA CONTRACT PREFERENCE ACT (TACPA)

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

The State of California Receptionist: (916) 375-4940 Department of General Services Procurement Division - Dispute Resolution Unit 707 Third Street, Second Floor Worksite Eligibility Determinations:

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

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

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

How does the TACPA Preference Work?

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

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

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

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

The required applications/forms are as follows:

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

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

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

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

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

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

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

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

DPR 479IW (Rev. 10/2022)(Excel10/19/2022)(Page 1 of 5)

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

Disabled Veteran Business Enterprise (DVBE) Notice

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

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

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

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

3. Commercially Useful Function Definition

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

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

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

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

4. What is the DVBE Incentive Program?

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

The DVBE Participation Requirement for this solicitation has been waived – however the DVBE Incentive still applies.

There is no minimum DVBE participation requirement for this solicitation.

DVBE Incentive for Invitation For Bid (IFB) (Participation Requirement Waived)

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

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

DPR 479IW (Rev. 10/2022)(Excel 10/19/2022)(Page 2 of 5)

b. The incentive may be combined with other incentives and preferences up to an established cap of $100,000.00. The incentive is used only for evaluation purposes and does not alter the amounts of the actual bids.

5. Reporting Requirement

a. If, for this agreement, a contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) the contractor must certify in a report to the awarding department:

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

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

iii) the amount each DVBE received from the prime contractor

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

v) the actual percentage of DVBE participation that was achieved

b. You will be required to report to DPR the actual dollars spent with each DVBE subcontractor on form DPR 489. If awarded the contract you will receive this form at the completion of the contract. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code (M&VC) § 999.5(d)).

6. Who is eligible to receive the incentive?

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

7. Documentation

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

1) DPR 486, Bidder’s DVBE Participation: The DPR 486 is used to document the proposed prime contractor and subcontractors, including their roles and responsibilities. The form must be submitted with the bid package. If there is a discrepancy between the dollar amount and percentage of bid for DVBE participation then the percentage shall prevail.

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

b. Bids that fail to submit the completed required forms to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive. Clerical and typographical errors on these forms may be corrected at the State’s sole discretion.

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

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

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

a. Low Price Method

A B C

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

0% 8% 4.5%

1 3 2 n/a 5% 4% n/a $4,900.00

(5% x $98,000) $3,920.00

(4% x $98,000) n/a 97,100.00

($102,100 - $4,900) 96,080.00

($100,000 - $3,920)

3 2 1

DPR 479IW (Rev. 10/2022)(Excel 10/19/2022)(Page 3 of 5)

Confirmed DVBE Participation of DVBE Incentive Amount for IFB

5% or more 4% - 4.99% 3% - 3.99% 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

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

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.

STATE OF CALIFORNIA – DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION

DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS

(Rev. /20 )

Instructions: The disabled veteran (DV) owner(s) and DV manager(s) of the Disabled Veteran Business Enterprise (DVBE) must complete this declaration when a DVBE contractor or subcontractor will provide materials, supplies, services or equipment [Military and Veterans Code Section 999.2]. Violations are misdemeanors and punishable by imprisonment or fine and violators are liable for civil penalties. All signatures are made under penalty of perjury.

SECTION 1

Name of certified DVBE: DVBE Ref. Number:

Description (materials/supplies/services/equipment proposed):

Solicitation/Contract Number: SCPRS Ref. Number:__________________________

(FOR STATE USE ONLY)

SECTION 2

APPLIES TO ALL DVBEs. Check only one box in Section 2 and provide original signatures.

I (we) declare that the DVBE is not a broker or agent, as defined in Military and Veterans Code Section 999.2 (b), of materials, supplies, services or equipment listed above. Also, complete Section 3 below if renting equipment.

Pursuant to Military and Veterans Code Section 999.2 (f), I (we) declare that the DVBE is a broker or agent for the principal(s) listed below or on an attached sheet(s). (Pursuant to Military and Veterans Code 999.2 (e), State funds expended for equipment rented from equipment brokers pursuant to contracts awarded under this section shall not be credited toward the 3-percent DVBE participation goal.)

All DV owners and managers of the DVBE (attach additional pages with sufficient signature blocks for each person to sign):

(Printed Name of DV Owner/Manager) (Signature of DV Owner/ Manager) (Date Signed)

(Printed Name of DV Owner/Manager) (Signature of DV Owner/Manager) (Date Signed)

Firm/Principal for whom the DVBE is acting as a broker or age nt:

(If more than one firm, list on extra sheets.) (Print or Type Name)

Firm/Principal Phone: Address:

SECTION 3

APPLIES TO ALL DVBEs THAT RENT EQUIPMENT AND DECLARE THE DVBE IS NOT A BROKER.

Pursuant to Military and Veterans Code Section 999.2 (c), (d) and (g), I am (we are) the DV(s) with at least 51% ownership of the DVBE, or a DV manager(s) of the DVBE. The DVBE maintains certification requirements in accordance with Military and Veterans Code Section 999 et. seq.

The undersigned owner(s) own(s) at least 51% of the quantity and value of each piece of equipment that will be rented for use in the contract identified above. I (we), the DV owners of the equipment, have submitted to the administering agency my (our) personal federal tax return(s) at time of certification and annually thereafter as defined in Military and Veterans Code 999.2, subsections (c) and (g). Failure by the disabled veteran equipment owner(s) to submit their personal federal tax return(s) to the administering agency as defined in Military and Veterans Code 999.2, subsections

(c) and (g), will result in the DVBE being deemed an equipment broker.

Disabled Veteran Owner(s) of the DVBE (attach additional pages with signature blocks for each person to sign):

(Printed Name) (Signature) (Date Signed)

(Address of Owner) (Telephone) (Tax Identification Number of Owner)

Disabled Veteran Manager(s) of the DVBE (attach additional pages with sufficient signature blocks for each person to sign):

(Printed Name of DV Manager) (Signature of DV Manager) (Date Signed)

Page of

PRINT CLEAR

Contractor’s Name:

Agreement Number: C25680013

EXHIBIT A

SCOPE OF WORK

1. PROJECT SUMMARY

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

1. Septic pumping services.

2. Emergency septic pumping services.

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

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

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

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

2. PROJECT REPRESENTATIVES

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

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

Representatives DPR Contract Administrator Contractor’s Contract Administrator

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

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

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

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

3. QUALIFICATION REQUIREMENTS

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

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

Contractor shall provide copies of Certifications upon request.

4. PERFORMANCE DETAILS

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

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

5. SERVICE DETAILS

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

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

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

6. WORK SPECIFICATIONS

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

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

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

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

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

7. EMERGENCY SERVICE CALLS

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

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

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

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

8. ADDITIONAL SPECIFICATIONS

A. Any spillage…