C25925001.Solicitation_Information.pdf

INVITATION FOR BIDS

SOUTH SECTOR CHEMICAL TOILET/VAULT PUMPING

BID NO. C25925001

ORANGE COAST DISTRICT

3030 AVENIDA DEL PRESIDENTE

SAN CLEMENTE, CA 92672

JUNE 2025

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

ORANGE COAST DISTRICT

State Of California – Natural Resources Agency Department of Parks & Recreation

Orange Coast District

Table of Contents

Item Number of Pages

Cover Page………………………………………………………………………………………………………………………………………………1 Table of Contents…………………..……………………………………………………………………………………………………………………1 Notice to Prospective Bidders………………………………………………………………………………………………………………………….1 Key Action Dates…………………………….…………………………………………………………………………………………………….……1

I. INVITATION FOR BIDS, SPECIFICATIONS, TERMS AND CONDITIONS

Service Contract Invitation for Bids / Instructions to Bidders (DPR 940A)…………..……………………………………………………………3 Exhibit A, Attachment 1 – Specifications……………...………………………………………………………………………………………………1

II. SMALL BUSINESS AND DVBE PREFERENCES AND INCENTIVES

Small Business Notice (5% Preference) (DPR 478)………………………………………………………………………………………………...2 DVBE Notice & Checklist (DPR 479)…………………….…………………………………………………………………………………………...5

III. SAMPLE AGREEMENT

States Standard Agreement (STD 213)…………………………………………………………………………….………………………………1

Exhibit A, Scope of Work (DPR 603)…………………………………………………………………………………………….…………….1 Exhibit B, Budget Detail and Payment Provisions (DPR 604)……………………………………………………………………………...1 Exhibit C, General Terms and Conditions………………………………………………………………………………………………………

View and download at: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx Exhibit D, Special Terms and Conditions (DPR 605PL)……………………………………………………………………………………..4

IV. BLANK BID SUBMITTAL DOCUMENTS (These forms can be found in the Bid Packet)

Bid Document Checklist ………………………………………………………………………………………………………….……………………1

Exhibit B, Attachment 1 – Chemical Toilet Rental/Service Bid Forms………………..……….……………….……………………………..…31 DARFUR Contracting Act Certification (DPR 74) ………………...…………………………………………………………………………………1 Contractor Certification Clauses (CCC 04/2017)………………………………………………………………….……………………………...…4

Generative Artificial Intelligence (GenAI) Reporting and Factsheet (STD 1000)…………………………………………………………………3

Non-Collusion Affidavit (DPR 837)…………………………………………………………………………………………………………………….1 DVBE Documentation Checklist (DPR 479IP)………………………………………………………………………………………...……………..1 Bidder Declaration (GSPD-05-105)………..……………………….…………………………………………………………………………………2 Disabled Veteran Business Enterprise Declarations (DGS PD 843)………………………………………………………………………………1 Commercially Useful Function – Bidder Certification (DPR 87)………………………………..…………………...………………………….….1

Exhibit E, Refuse Disposal (DPR 606RD)……….....................……………………………………………………………………………..2 http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

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

INVITATION FOR BID

Notice to Prospective Bidders

June 2025

You are invited to review and respond to an Invitation for Bid (IFB) entitled South Sector Chemical Toilet/Vault Pumping at San Clemente State Beach, San Mateo Campground, San Onofre State Beach in California State Parks, Orange Coast District. The Solicitation Number is C25925001. 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 02/2025 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:

Ryan Thorne

Department of Parks and Recreation Orange Coast District

949-492-0802 Ryan.Thorne@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.

Ryan Thorne, 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:Ryan.Thorne@parks.ca.gov

State of California – Natural Resources Agency Department of Parks & Recreation

Orange Coast District

Key Action Dates Contract Number: C25925001

South Sector Chemical Toilet/Vault Pumping

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 06/04/2025

Q&A Submission Deadline 06/16/2025 1:00 PM

Est Q&A Response 06/20/2025

Bid Submission Deadline 06/30/2025 2:00 PM

Bid Opening 06/30/2025 2:05 PM

C25925001

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

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

1.

Project Representative: Greg Kania, State Park Maintenance Chief – Greg.Kania@parks.ca.gov Project Location: Various locations in Orange Coast District.

Estimated Value of Contract: $250,000.00 Contract Term: Three Years from Notice to Proceed Anticipated start date: October 1st, 2025

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:

Department of Parks and Recreation Contact Person: Ryan Thorne

Phone No.: 949-494-0802 E-mail: Ryan.Thorne@parks.ca.gov

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.

Bids will be publicly opened over Microsoft Teams conference call. Individuals interested in calling into the conference must send their request to Ryan.Thorne@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.

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 June 30th at 2:00 PM PST.

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: perform all work required to provide services as outlined in the Specifications marked Exhibit A, Attachment 1, included as part of this bid booklet which may be accessed on-line at https://caleprocure.ca.gov, under current bid name "C25925001 – South Sector Chemical Toilet/Vault Pumping".

QUESTIONS: Questions may be submitted in writing, via email to Ryan.Thorne@parks.ca.gov by June 16th at 1:00 PM PST. 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.

Additional requirements/information are as follows:

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.

3. Bids shall be submitted via email to the address indicated above. This email shall include the return address of the bidder, be marked "Bid - Do Not Open" and delivered to the inbox 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

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

Exhibit A, Attachment 1 Contract: C25925001

EXHIBIT A – ATTACHMENT 1

SPECIFICATIONS

1. Work and Service: Work and service under this contract consists of providing all labor, materials, tools and equipment to pump, service and maintain portable chemical toilet units and one (1) restroom sewage concrete vault and /or furnish and pump, service and maintain portable chemical toilet units.

2. Definitions: The term “unit” as used herein refers to one (1) complete toilet building, each consisting of one (1) urinal, one (1) commode, one (1) tank (75 gallon minimum) and one (1) containment tray. The term “vault” as used herein refers to one (1) concrete sewage holding vault (approximately 750 gallons per service)

The term “furnishes” as used in the Bid Form and elsewhere in these Specifications includes the delivery of the chemical toilet unit to the State Parks listed on the Bid Form.

3. Toilet Building: The building shall be a patented chemical-type toilet mounted on suitable skids. Minimum wall thickness shall be 1/8 inch .

Interior and exterior colors will be selected by the State, which reserves the right to choose two different exterior colors and one interior color. Colors shall be light tan .

4. Quantity and Placement of Chemical Toilet Units/Vault: The initial quantity of chemical toilet units/vault to be serviced will be ordered in writing by the District Superintendent or his/her representative. Increases or decreases from the quantity will be made only on written order by the District Superintendent or his/her representative. He/she may reject any unit which is determined not to be in conformance with these specifications.

Specific locations will be designated by the District Superintendent or his/her representative.

Because of necessity, park personnel may move the toilet units. The Contractor shall be required to pump, service and maintain the portable chemical toilet units from those locations.

5. Interior Dimensions: Interior dimensions shall be a minimum of three feet three inches by three feet three inches (3’3” x 3’3”) measured horizontally at one foot (1’0”) above seat height. The average unobstructed height above the floor shall be six feet six inches (6’6”).

Handicapped accessible units (if requested) shall meet the Americans with Disabilities Act (ADA) Compliance standards for such units.

6. Entrance Door: Entrance doors shall close automatically by means of a spring or other self-closing device. The approved inside locking device or hook and eye shall be installed five feet (5’0”) above the interior floor. The minimum size of the door opening shall be six feet by two feet (6’0” x 2’0”). Handicapped accessible units (if requested) shall meet the ADA Compliance standards for such units.

If outside steps are used, they should be of ample size, firmly fastened, and preferably of one-piece construction.

7. Vent Pipes: Each toilet unit shall have a vent running between the chemical chamber and top of the roof. The minimum outside diameter of this vent pipe shall be three inches (3”).

8. Cross Ventilation: Each toilet shall contain wall, roof, or door openings for ventilation. All such openings shall be fly proofed by enclosing with metal mosquito screening.

9. Toilet Facilities: Toilet facilities shall include one (1) individual urinal and one (1) commode having a hinged water closet seat, manufactured type, with a nonporous surface, in good condition. The urinal shall be set entirely separate from the seat and chemical chamber. The depth of the urinal shall be a minimum of eight inches (8”). Toilet seats shall have a drop take beneath the seat with a minimum length of eight inches (8”).

Handicapped accessible units (if requested) shall meet the ADA Compliance standards for such units.

10. Numbering of Toilet Units: Each toilet building shall be neatly numbered, the minimum size of numbers to be one- and one-half inches (1-1/2”) high.

11. Signs: Signs on the units will display the universal logo for unisex—no advertisements.

12. Overall Appearance of Toilet Units: Units shall be maintained in top condition during the term of this contract. Units not so maintained, and under the terms of this contract found to be substandard, will be ordered removed at the contractor’s expense and replaced with units in a proper state of repair.

The District Superintendent or his/her representative shall determine and designate which units are substandard and shall give written notice of this fact to the contractor by registered mail, return receipt. A copy of said notice will be retained by the District Superintendent or his/her representative.

Seven (7) calendar days after the date of written notification, payments on units designated as substandard will cease and such nonpayment will become retroactive to the date of the original notification. Deductions from monthly payments will be made as explained under Paragraph 17 of the Instructions to Bidders for Chemical Toilet Rental and/or Service.

Chemical Toilet/Vault Rental

13. Chemical Solution: Carrier solutions in chemical toilet units shall be of a Bio-Formation type or equal and odor controlling. The products shall be approved for use in this state and shall be biodegradable. The products shall be non-corrosive and non-pathogenic. The products shall be used as described by the manufacturer of the product. D-Scent meets the requirements of this application. Other products with similar characteristics can be utilized. The contractor shall provide Material Data Sheet details for any chemical solutions used.

14. Janitorial Service: Janitorial services to be performed each trip shall consists of (a) pumping the toilets units and vault and putting in fresh chemicals, (b) thorough washing and cleaning of the interior and exterior of the toilet units, including the walls and floor, and

(c) replenishing paper supplies, and d) repair any damaged facility. Toilets/vault shall be pumped and cleaned in such a manner to prevent spillage of any chemical, water, or waste onto the ground surrounding the units/vault. The interior and exterior of the toilet units shall be kept free of any graffiti, obscene or profane writings and drawings.

15. Deodorants, Disinfectants and Paper Supplies: Each unit shall have a deodorant block at all times. Additional deodorants, cleaners, and disinfectants shall be supplied by the contractor for maintaining all toilet units.

On each service trip, the contractor shall supply and replenish the following items to full stock: Two (2) rolls toilet tissue, roll sheet type in one (1) dispenser(s) in each unit. At no additional expense to the State.

16. Servicing Days: The Contractor shall be responsible to review the schedule bid forms on a monthly basis to verify any changes in scheduled services. Janitorial service shall be performed in accordance with the schedule on the Bid Form or as ordered in writing by the District Superintendent or his/her representative. When any regular service day falls on a legal holiday, service on that holiday will be required under the terms of this contract. Additional service may be requested by the District Superintendent or his/her representative. Payment for such emergency unit service will be in accordance with the bid price under Item 11.

17. Health and Safety: The toilet units and service equipment shall meet all requirements of the Health and Safety Code of the State of California and of the Orange and San Diego County codes.

18. Record of Service: The contractor is responsible for supplying a service record to be attached to the interior of each toilet unit to be serviced. At the completion of each service, the service person will record on the service record a signature verifying the date and time services were completed. At the discretion of the District Superintendent or his/her representative deductions in payment may be made for services invoiced by the contractor but not listed on the service record. The service person may at his/her option make a duplicate of the service record and obtain the signature of a park employee to verify the services and submit to the park office.

19. Service Locations:

San Clemente State Beach 225 W. Calafia Avenue

A. San Clemente #1 (CDF) B. San Clemente #2 (RR8)

San Mateo State Campground 830 Cristianitos Road

A. San Mateo Pump Station

San Onofre State Beach 5200 Pacific Coast Highway

A. San Onofre Trestles Beach (ADA) B. San Onofre Trestles Beach (REG) C. Surf Beach/Kiosk II D. San Onofre Maintenance Yard E. San Onofre/Kiosk I

Doheny State Beach 25300 Dana Point Harbor Drive Dana Point, CA 92629

A. Doheny State Beach (ADA) B. Doheny State Beach (REG)

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 Ryan.Thorne Highlight

Ryan.Thorne Highlight

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. DGS PD 843, DVBE Declaration

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

a. GSPD 05-105, Bidder Declaration

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

DVBE Documentation Checklist

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

2. When a firm bids on a state DPR contract that contains DVBE participation, the firm may benefit from the DVBE Incentive program. We encourage all suppliers to obtain as much DVBE participation as possible.

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

DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE SELECTION PROCESS FOR THE

CONTRACT.

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

All DVBE participation is indicated.

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

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

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

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

2. The term of this Agreement is:

SA

MP

LE

Contractor's Name:

Agreement Number:

Page: 1 of 1

SCOPE OF WORK

1. Contractor agrees to provide to the Department of Parks and Recreation (DPR) services as described herein:

2. The services shall be performed at:

3. The services shall be provided during:

4. The project representatives during the term of this Agreement will be:

State Agency: Contractor:

Section/Unit: Section/Unit:

Attention: Attention:

Address: Address:

City/State/Zip Code: City/State/Zip Code:

Phone: Phone:

Fax: Fax:

E-mail Address: E-mail Address:

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

Department of Parks and Recreation

EXHIBIT A

(Standard Agreement)

SA

Page: 1 2

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified in

, marked Exhibit B, Attachment 1, which is attached hereto and made a part of this Agreement.

B. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to:

2. Budget Contingency Clause

A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

4. Timely Submission of Final Invoice

A. A final undisputed invoice shall be submitted for payment no more than ninety (90) calendar days following expiration or termination date of this Agreement, unless a later or alternate deadline is agreed to in writing by the project representative. Said invoice should be clearly marked "Final Invoice," thus indicating that all payment obligations of the State under this Agreement have ceased and that no further payments are due or outstanding.

B. The State may, at its discretion, choose not to honor any delinquent final invoice if the Contractor fails to obtain prior written State approval of an alternate final invoice submission deadline. Written State approval shall be sought from the project representative prior to the expiration or termination date of this Agreement.

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

EXHIBIT B

(Standard Agreement) of

SA

Page: 2 2

BUDGET DETAIL AND PAYMENT PROVISIONS

5 Disabled Veterans Participation Goals

A.

B.

C.

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

Upon completion of an awarded contract in which a commitment to achieve a DVBE goal was made, the prime contractor that entered into a subcontract with a DVBE is required to complete and submit form STD.

817 within 60 days to certify payment information to the awarding department, in accordance with Military and Veterans Code (M&VC) Section 999.5.

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

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

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

EXHIBIT B

(Standard Agreement) of

SA

Page: 1 5

SPECIAL TERMS AND CONDITIONS

1. Insurance Requirements

A. Policy

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

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

DPR 605PL (Rev. 7/2024)(Excel 7/24/2024)

EXHIBIT D — SERVICES

(Standard Agreement with Pollution Liability) of

When Contractor submits a signed agreement to State, Contractor shall furnish to State a Certificate(s) of Insurance and endorsements in compliance with the following requirements:

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

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

The Certificate of Insurance shall: (a) be in a form acceptable to State; (b) be written by an insurer acceptable to State; (c) be maintained at Contractor’s sole expense; (d) be in full force for the complete term of the agreement; (e) be primary, and not in excess to any insurance carried by State; (f) be furnished to State within fifteen (15) days, upon request.