15-450_RE-BID_IFB.pdf

CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN JR., G o ve r n o r

DEPARTMENT OF MOTOR VEHICLES

ADMINISTRATIVE SERVICES DIVISION, MS E112

P.O. BOX 932382

SACRAMENTO, CA 94232-3820

California Relay Telephone Service for the deaf or hearing impaired from TDD Phones: 1-800-735-2929; from Voice Phones: 1-800-735-2922

ADM 668 (REV. 7/2013) DMVWeb A Public Service Agency

15-450 RE-BID

INVITATION FOR BID

Notice to Prospective Bidders

February 26, 2016

You are invited to review and respond to this Invitation for Bid (IFB) entitled 15-450 – Rental and Service of ADA Compliant Portable Restroom at the DMV Rancho San Diego Commercial Drive Test Center. This IFB is advertised in the California State Contracts Register through Cal eProcure at:

http://www.caleprocure.ca.gov or http://www.dgs.ca.gov

Please note that you must register with Cal eProcure in order to download IFB packages and any other provided documents from the Cal eProcure website.

Bidders are advised to check the Cal eProcure website for addendums, modifications, and updates to the bid documents. The Department of Motor Vehicles (DMV) is not responsible for failure of the prospective bidder to check for any bid document updates, changes, or answers to questions posted on Cal eProcure. Failure to periodically check the website will be at the bidder's sole risk.

In submitting your bid, you must comply with the instructions found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site:

http://www.dgs.ca.gov

In the opinion of the DMV, this IFB package is complete and without need of explanation. The contact person for this IFB is:

Melanie Pilliard Department of Motor Vehicles

Phone: (916) 657-6975 Fax: (916) 657-5936

Email: Melanie.Pilliard@dmv.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.

Melanie Pilliard Contract Administrator http://www.dgs.ca.gov/

TABLE OF CONTENTS

SECTION

BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

2. Bidder Qualifications

3. Prevailing Wage

4. Schedule of Events

5. Written Questions

6. Submission of Bid

7. Bid Opening

8. Disposition of Bids

9. Evaluation and Selection

10. Notice of Intent to Award Contract

11. Protest

12. Notice of Contract Award

13. Standard Conditions of Service

14. Required Documents (Awarded Contractor)

15. Bid Preference(s)

STANDARD AGREEMENT FORM (SAMPLE)

EXHIBIT A – Scope of Work

EXHIBIT B – Budget Detail and Payment Provisions

EXHIBIT C – General Terms and Conditions

EXHIBIT D – Special Terms and Conditions

EXHIBIT E – Additional Provisions

REQUIRED BID DOCUMENTS CHECKLIST

ATTACHMENT 1 – Bid/Bidder Certification Sheet

ATTACHMENT 2 – Cost Sheet

ATTACHMENT 3 – Payee Data Record

ATTACHMENT 4 – Bidder Declaration & Subcontractor/Supplier List

ATTACHMENT 5 – Darfur Contracting Act

1. Purpose and Description of Services

A. Rental and service of ADA compliant portable restroom at the DMV Rancho San Diego Commercial Drive Test Center. Term: June 1, 2016 through May 31, 2017. See Exhibit A, Scope of Work, for a complete description of services.

2. Schedule of Events

Event Date Time

(1). IFB available to prospective bidders: 2/26/2016 N/A

(2). Written questions regarding IFB are due by:

(Note: See additional info in Section 3.)

3/3/2016 5:00 PM

(3). Written responses to IFB questions released by: 3/8/2016 5:00 PM

(4). Final date for bid submission and bid opening:

(Note: See additional info in Sections 4 and 5.)

3/17/2016 2:00 PM

(5). Proposed start date of contract: 6/1/2016 N/A

3. Written Questions

A. Submit all written questions via email to the contact person indicated on the cover page of this IFB package before the date and time specified in the Schedule of Events. Written responses to IFB questions will be released by the date and time specified in the Schedule of Events and viewable in the online project advertisement in Cal eProcure at: http:/www.caleprocure.ca.gov.

4. Submission of Bid

A. Bids must be submitted via mail or hand-delivered no later than the date and time specified in the Schedule of Events.

(1). Bids submitted via mail or hand-delivered must be enclosed in an envelope or under sealed cover. The exterior of the envelope or sealed cover must be clearly marked with all of the following information:

a. BIDDER’S NAME

b. BIDDER’S ADDRESS

c. BID PROPOSAL # 15-450, DO NOT OPEN UNTIL 3/17/2016 AT 2:00 PM, ATTN: MELANIE PILLIARD

(2). Bids shall be mailed to or hand-delivered to the following address:

Department of Motor Vehicles Contract Services Section Attn: MELANIE PILLIARD 2415 First Avenue, MS: E112 Sacramento, CA 95818-2606

(3). Mailed or hand-delivered bids not enclosed in an envelope or under sealed cover shall be rejected. If hand-delivering a bid, you must contact the contact person indicated above upon arrival for pickup. If the contact person indicated above is unavailable to pick up a hand-delivered bid upon arrival, you must contact the contact person’s support staff for pickup at (916) 657-7771. Hand-delivered bids shall only be delivered to the contact person indicated above or their authorized representative upon arrival. Bids shall not be hand-delivered to or dropped-off at a DMV security desk. Bids that are hand-delivered to or dropped-off at a DMV security desk shall not be considered as received by the DMV, and shall remain unopened and be returned to the bidder.

B. Bids must be received by the DMV no later than the date and time specified in the Schedule of Events. Any bid received after the specified due date and time shall remain unopened and be returned to the bidder.

C. Bids shall include all required bid documents identified in the Required Bid Documents Checklist. Only submit the required bid documents with your bid, not the entire IFB package. In addition, do not submit bid documents within a binder or folder. Bids not including the required bid documents shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

D. All required bid documents submitted must be printed single-sided. Bids that include required bid documents that are printed double-sided shall be deemed non-responsive.

E. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

F. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications shall not be considered and shall cause a bid to be rejected.

G. Costs for developing bids in anticipation of award of the contract are entirely the responsibility of the bidder and shall not be charged to the DMV.

H. An individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet (Attachment 1). The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

I. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, shall not be considered.

J. A bidder may withdraw their bid by submitting a written withdrawal request to the DMV, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

K. The DMV may modify this IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

L. Bidders are cautioned to not rely on the DMV during the evaluation to discover and report to the bidder any defects and errors in the submitted documents. Bidders, before submitting their documents, should carefully proof them for errors and adherence to the IFB requirements.

M. Where applicable, bidders should carefully examine work sites and specifications. Bidders shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the contract amount shall be made due to a lack of careful examination of work sites and specifications.

N. Bidders should be aware that marking a document "confidential" or "proprietary" in a bid may exclude a bid from consideration for award and will not keep that document from being released after notice of award as part of the public record, unless a court has ordered the DMV not to release the document. Any disclosure of confidential information provided by a bidder is a basis for rejecting the bidder’s bid and ruling the bidder ineligible to further participate.

5. Bid Opening

A. For security reasons, if you plan to attend the public bid opening, you must call the contact person indicated on the cover page of this IFB no less than 24 hours prior to the bid opening date and time so that arrangements can be made for entrance into the DMV building.

B. The bid opening shall be held at: DMV Headquarters East Building (meet in lobby area), 2415 First Avenue, Sacramento, CA 95818.

6. Disposition of Bids

A. All documents submitted in response to this IFB shall become the property of the State of California, and shall be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.). However, the contents of all proposals, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's bid, shall be held in the strictest confidence until notice of award is released. The content of all working papers and discussions relating to a bid shall be held in confidence indefinitely, unless the public's interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement, or evaluation of a bid.

B. Bid packages may be returned only at the bidder's expense, unless such expense is waived by the DMV.

7. Evaluation and Selection

A. Each bid shall be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

B. The DMV shall put each bid through a process of evaluation to determine its responsiveness to the DMV's needs.

C. The DMV reserves the right to reject all bids for reasonable cause. If all bids are too high, the agency is not required to award a contract.

D. Bids that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the DMV, such information was intended to mislead the DMV in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it shall be the basis for rejection of the bid.

E. A bid may be rejected if it is conditional or incomplete. The DMV may reject any or all bids and may waive any immaterial deviation in a bid. The DMV's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the contract.

F. A bid may be rejected if it contains any alterations of form or other irregularities of any kind.

The DMV does not accept alternate contract language from prospective contractors. Bids with such language shall be considered a counter proposal and shall be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed on the internet at: http://www.dgs.ca.gov.

G. The final selection shall be made on the basis of the lowest responsible responsive bid. In the event there is tie, each of the tied bidders shall be contacted by the contact person indicated on the cover page of this IFB regarding a date and time for a flip of a coin. The bidder whose bid was received first shall make the call. Bidders or their authorized representative(s) are allowed to be present for the flip of the coin.

8. Notice of Intent to Award Contract

A. Upon written request by any bidder via email, fax, regular mail, or personal delivery prior to award of the contract, the DMV shall email or fax bidders and post in a public accessible place, a written notice of intent to award contract no less than five (5) DMV business days prior to awarding the contract. All written requests must be submitted to and received by the contact person indicated on the cover page of this IFB prior to award of the contract.

B. Whenever a contract is awarded under a procedure which provides for competitive bidding, but the contract is not to be awarded to the lowest bidder, the DMV shall:

(1). Notify the lowest bidder in writing by email, fax, overnight courier, or personal delivery no less than five (5) DMV business days prior to the award of the contract.

9. Protest

A. If any bidder, prior to the award of the contract, files an initial protest with the DMV and the Department of General Services (DGS) on the grounds that the protesting bidder is the lowest responsive responsible bidder, the contract shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

B. Within five (5) calendar days after filing an initial protest with the DMV and DGS, the protesting bidder shall file a full and complete written statement with the DMV and DGS specifying the grounds for the protest, including: the IFB number, the name of the State agency involved, and the agency contract person. Protestants should also include their fax number if they have one.

C. A written protest must be sent by regular mail, fax, courier, or personal delivery to both of the following:

Department of General Services Office of Legal Services Attn: Protest Coordinator 707 3rd Street 7th Floor West Sacramento, CA 95605 Fax: (916) 376-5088

Department of Motor Vehicles Contract Services Section Attn: Contract Officer 2415 First Avenue, MS: E112 Sacramento, CA 95818 Fax: (916) 657-2387 or (916) 657-5936

10. Notice of Contract Award

A. The DMV shall email, fax, or mail bidding contractors a written notice of contract award.

11. Standard Conditions of Service

A. Following the release of the written notice of contract award, the DMV shall email, fax, or mail the awarded contractor a prepared contract for signature that includes a cover letter instructing the awarded contractor on how to proceed. The cover letter may request that additional information and/or required documents be provided by the awarded contractor before the contract can be fully executed.

B. Services shall be available on the expressed date set by the DMV after all approvals have been obtained and the contract is fully executed.

C. All performance under the contract shall be completed on or before the termination date of the contract.

D. No oral understanding or agreement shall be binding on either party.

12. Required Documents (Awarded Contractor)

A. Prior to approval of the contract, the awarded contractor shall provide the DMV with all of the following required documents within ten (10) calendar days after the contract has been forwarded to the awarded contractor for signature. If the awarded contractor fails to provide the DMV with all of the following required documents within the above specified number of calendar days after the contract has been forwarded to the awarded contractor for signature, the DMV may deem the awarded contractor as non-responsive and may rescind the contract award:

(1). Contractor Certification Clauses

a. The awarded contractor shall sign and submit to the DMV, page one (1) of the Contractor Certification Clauses (CCC) which can be found on the Internet at:

http://www.dgs.ca.gov.

(2). Insurance Requirements

a. The awarded contractor shall provide the DMV with all of the following certificate(s) of insurance (Note: The DMV shall not be responsible for any premiums or assessments on insurance policies):

1. Commercial General Liability

A. Coverage shall provide limits of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of premises operations, independent contractors, products/completed operations, personal & advertising injury and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability.

B. The insurance policy shall include the following additional insured endorsement that shall be supplied under form acceptable to DGS, Office of Risk and Insurance Management (ORIM):

(1). The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.

2. Automobile Liability

A. Coverage shall provide limits of not less than $1,000,000.00 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles.

(1). The insurance policy shall include the following additional insured endorsement that shall be supplied under form acceptable to DGS, ORIM:

a. The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.

3. Pollution Liability

A. Coverage shall provide limits of not less than $1,000,000.00 per claim covering the awarded contractor’s liability for bodily injury, property damage, and environmental damage resulting from pollution and related cleanup costs incurred arising out of work or services to be performed under the contract. Coverage shall be provided for both work performed on site as well as proper disposal of hazardous materials. In addition, the awarded contractor shall furnish to the DMV, a valid DTSC 8038 certificate of insurance or MCS-90 endorsement with a minimum of $1,000,000.00 coverage per occurrence for the awarded contractor or their authorized subcontractor during the transportation of hazardous materials and substances.

B. The insurance policy shall include the following additional insured endorsement that shall be supplied under form acceptable to

DGS, ORIM:

(1). The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.

4. Worker’s Compensation

A. Employer liability limits of not less than $1,000,000.00 are required if the awarded contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California. The awarded contractor shall maintain statutory workers compensation and employer’s liability coverage for all of its employees who will be engaged in the performance of the contract. If the awarded contractor does not employ any person, in any manner, so as to not become subject to the Workers’ Compensation laws of California, the awarded contractor shall contact the DMV Contract Administrator to request a Workers’ Compensation Exemption Certification form. This form shall be completed by the awarded contractor and submitted to the DMV prior to approval of the contract.

B. The awarded contractor’s workers compensation insurance policy shall be endorsed with a waiver of subrogation in favor of the State of California in the event the awarded contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California.

13. Bid Preference(s)

A. The following preferences are applicable to this IFB:

(1). Small Business Enterprise (SBE) Preference

a. SBE Preference information can be found at the following internet web site:

http://www.dgs.ca.gov.

(2). Non-Small Business (Non-SB) Preference

a. Non-SB preference information can be found at the following internet web site:

http://www.dgs.ca.gov (Note: Non-SB Preference cannot displace a direct award to a California certified Small Business or a California certified Micro Business).

The remainder of this page is intentionally left blank.

DO NOT COMPLETE OR SUBMIT WITH YOUR BID!

STATE OF CALIFORNIA

STANDARD AGREEMENT

STD 213 (Rev 06/03) AGREEMENT NUMBER

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY’S NAME

Department of Motor Vehicles

CONTRACTOR’S NAME

2. The term of this Agreement is:

3. The maximum amount of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work page(s)

Exhibit B – Budget Detail and Payment Provisions page(s)

Exhibit C – General Terms and Conditions page(s)

Exhibit D – Special Terms and Conditions page(s)

Exhibit E – Additional Provisions page(s)

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR

California Department of General

Services Use Only

CONTRACTOR’S NAME (if other than individual, state whether a corporation, partnership, etc.)

BY (Authorized Signature)

DATE SIGNED (Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNED

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME

BY (Authorized Signature)

DATE SIGNED (Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNED

ADDRESS

2415 First Avenue, MS: E112, Sacramento, CA 95818-2606

EXHIBIT A

SCOPE OF WORK

1. Contractor’s Full Business Name (to be completed by the DMV), hereafter referred to as the Contractor, agrees to provide the Department of Motor Vehicles (DMV) all labor, tools, materials, equipment, and travel necessary to provide rental and service of one (1) Americans with Disabilities Act (ADA) compliant portable restroom at the DMV Rancho San Diego Commercial Drive Test Center (CDTC) for the term of this Agreement.

2. The services shall be performed at: 1901 Jamacha Road, El Cajon, CA 92019.

3. The cleaning and dumping services shall be performed two (2) times per week, during regular DMV business hours (8:00 a.m. to 5:00 p.m., Monday through Friday). Service shall not be performed on state holidays as indicated on DMV’s website at http://apps.dmv.ca.gov/fo/offices/toc_fo.htm. All work dates, times, and additional service hours as needed shall be approved by the DMV Project Manager before work is performed.

4. The Project Managers during the term of this Agreement shall be:

Department of Motor Vehicles Contractor Name (TBD)

Name: TBD Name: TBD

Phone: TBD Phone: TBD

Fax: TBD Fax: TBD

Email: TBD Email: TBD

5. Any questions or issues regarding the management of this Agreement shall be directed to the following Contract Coordinator:

Department of Motor Vehicles Contractor Name (TBD)

Name: TBD Name: TBD

Phone: TBD Phone: TBD

Address: TBD Address: TBD

Fax: TBD Fax: TBD

Email: TBD Email: TBD

6. Detailed description of work to be performed and duties of all parties:

A. Equipment Requirement

(1). The Contractor shall provide one (1) ADA compliant, freestanding portable restroom with the specifications below:

a. One (1) ADA compliant portable restroom with disinfectant hand sanitizing dispenser located on the inside of restroom.

b. The portable restroom shall have a door that can be locked from the outside to prevent entry during non-business hours. Two (2) sets of keys must be provided.

If it is a combination lock, the combination code must be provided.

c. All equipment shall include the connection of waste pipe to tank.

d. The portable restroom shall be secured to the foundation to prevent vandalism and/or theft.

B. Twice-Weekly Maintenance

(1). The Contractor shall perform the following maintenance two (2) times per week:

a. The portable restroom shall be cleaned.

b. The holding tank shall be emptied.

c. The portable restroom and holding tank shall be maintained to ensure an odor-free, safe, and healthy environment.

d. The interior and exterior of the portable restroom shall be cleaned with a germicidal cleaner.

e. The tank area, toilet seat, dispensers, fixtures, stack, and floor shall be thoroughly cleaned with a germicidal cleaner.

f. Paper towel, disinfectant hand sanitizing gel or foam, and toilet paper dispensers shall be refilled.

C. Restroom Supplies

(1). The Contractor shall provide the following restroom supplies:

a. All cleaning supplies.

b. All dispenser refill supplies, including toilet paper, paper towels, and disinfectant hand sanitizing gel or foam.

c. Replacement lightbulbs when necessary.

D. Rented or Loaned Equipment

(1). In the case of rented or loaned equipment, the DMV shall be relieved of all risks of loss or damage during the entire time the equipment is in the possession of the DMV, except when the loss or damage is due to fault or negligence on the part of the DMV. Rented or loaned equipment shall be returned to the Contractor in the condition it was received, less normal wear and tear, provided there is no loss or damage due to fault or negligence on the part of the DMV.

(2). The Contractor agrees to provide maintenance, repair, and replacement services for all rented or loaned equipment throughout the term of this Agreement to ensure that the equipment remains in good operating condition at all times. If rented or loaned equipment needs to be removed from the DMV premises for repair or replacement, the Contractor shall immediately provide the DMV with replacement equipment of comparable capability.

E. Service Calls

(1). The Contractor shall respond to equipment maintenance and/or repair service calls placed by the DMV during regular DMV business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, excluding state holidays). The Contractor shall also respond to equipment repair service calls placed by the DMV outside of regular DMV business hours Monday through Sunday, including State holidays. When the DMV places a service call to the Contractor during regular DMV business hours, the Contractor shall begin performing services at the DMV no more than four (4) hours after the initial phone call. If applicable, the Contractor shall respond the following DMV business day within the first four (4) hours from 8:00 a.m.

F. Emergency Service Calls

(1). Services are deemed an emergency when the DMV requires service beyond the two (2) weekly regular services. The Contractor shall begin performing emergency services within two (2) hours following the DMV’s initial service call.

G. Waste Transportation and/or Disposal

(1). The Contractor shall be solely responsible for adhering to any and all local, city, county, state, and federal laws and regulations pertaining to the proper transportation and/or disposal of all waste products while performing services under this Agreement. The Contractor shall indemnify, defend, and hold harmless the state, its officers, agents, and employees from any and all claims, injuries, suits, damages, and losses arising out of or in connection with the improper transportation and/or disposal of all waste products.

H. Chemical Applications

(1). The Contractor shall provide a list to the DMV Project Manager of all chemicals to be used on the site prior to use along with a copy of Material Safety Data Sheets for all chemicals used. Appropriate protective clothing and gear according to the label requirement and type of chemical being used shall be provided by the Contractor and worn during application. All containers holding the chemicals shall be properly labeled with the name and strength of the chemical and active ingredients. Chemicals and other toxic materials shall not be stored on DMV property. Containers with any chemical residue shall not be placed in DMV receptacles. The Contractor shall appropriately dispose of containers. The Contractor shall adhere to all environmental laws regarding the proper disposal of water containing chemicals used in the process of providing services under this Agreement.

I. Loss/Damage

(1). The DMV shall be relieved from all risks of loss or damage to all equipment/parts during periods of transportation by the Contractor or the Contractor’s agent.

J. Proof of Service

(1). The Contractor shall leave a notice or business card after each service performed indicating the date and time of completion of services. The Contractor shall place notices underneath the DMV’s main entrance door or in the DMV’s mail deposit slot.

K. Low Environmental Impact Cleaning (Green Housekeeping)

(1). The Contractor shall implement and practice low environmental impact cleaning policies and practices to include the following:

a. Cleaning products shall meet Green Seal’s GS-37 standards for Industrial and Institutional Cleaners when applicable. If GS-37 is not applicable, cleaning products shall comply with California Code of Regulations, Title 17 Section 94509, VOC standards for cleaning products.

b. Use of hand sanitizers that do not contain antimicrobial agents (other than as a preservative system), except where required by health codes and other regulations.

c. Concentrated cleaning products are to be utilized when available with appropriate dilution systems.

d. Use of recycled content paper products containing 100% recovered fiber LEED- EB-referenced standards for Janitorial Equipment.

e. Provide documentation of training of janitorial staff in low environmental impact cleaning methods and use of green cleaning products, including temporary or substitute employees.

f. The janitorial Contractor shall continually assess and reassess the building to utilize the most current low environmental impact products and/or new methods available.

g. Specifications of all supplies are to be provided as a part of this Agreement.

h. A Material Safety Data Sheet (MSDS) for each chemical stored must be placed in an MSDS binder and located with the chemicals stored, along with documents demonstrating compliance with low environmental impact cleaning requirements.

(2). Chemical Usage and Disposal Policy:

a. When mixing chemicals, a system must be used that minimizes exposure to concentrated cleaning chemicals.

b. Ensure proper disposal of empty chemical containers. If possible, require vendor to dispose of containers.

c. Contact the cleaning supply vendor to pick up the containers from the state at a designated location. The state is not to dispose of empty chemical containers in local landfills.

d. Purchase cleaning products packaged in recyclable/reusable containers, thereby minimizing waste.

e. Purchasing sustainable cleaning products. In general, look for cleaning products with the following characteristics:

1. Available in concentrated form.

2. Biodegradable.

3. Not in an aerosol can which contain propellants.

4. Non-toxic ingredients (no carcinogens or hazardous wastes). Non-toxic to human and aquatic life.

5. Packaged in a recyclable/reusable container (minimal waste).

6. Non-petroleum based and does not contain petrochemical compounds.

7. Produces minimal or no irritation to skin, eyes, or respiratory system.

8. Does not contain unnecessary dyes and fragrances.

9. Non-corrosive and not highly flammable.

10. Works optimally in room temperature water.

11. The Contractor shall not use or possess on the premises any material which has one or more of the following signal words on its label (check both the product label and MSDS):

A. Warning

B. Caution

C. Danger

D. Flammable

E. Poison

F. Reactive

12. For additional cleaning product purchasing references, refer to internet site: http://www.green.ca.gov/EPP/building/cleaning.htm http://www.green.ca.gov/EPP/building/cleaning.htm

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISION

1. Invoice and Payment

A. For services rendered as required under this Agreement, and upon receipt and approval of the invoice(s) and any associated time-sheets, status reports, or any other required documentation of work completed, the DMV agrees to compensate the Contractor $____ (to be completed by the DMV), all taxes included, on a monthly basis in arrears, subject to pro-rata reduction for days on which services are not rendered as required under this Agreement. Additionally, this Agreement includes a contingency fund of $____ (to be completed by the DMV), to be paid in arrears at $____ (to be completed by the DMV) per emergency service call, all taxes included.

B. In the event the Contractor fails to render services required under this Agreement on a required work day during a monthly service period during the term of this Agreement, the total amount the DMV will compensate the Contractor for services rendered during the service period shall be reduced. The total reduction per service period shall be calculated as follows:

(Total work days services required under this Agreement were not rendered during service period) divided by (Total number of required work days for the service period) multiplied by (the monthly service period rate) equals (Total reduction for the service period)

C. Invoice(s) shall be submitted in triplicate and should include all of the following:

(1). Contractor’s name as indicated within this Agreement, address, telephone number, fax number, and email address.

(2). Name, address, and telephone number of the DMV representative or office indicated within this Agreement to whom the invoice is being mailed or delivered to.

(3). Date the invoice was prepared.

(4). Period of time covered by the invoice.

(5). This Agreement number.

(6). Office name and address where services were provided.

(7). Brief description of the type of services for which the DMV is being billed.

(8). Total number of days in the billing period that the Contractor was required to perform services.

(9). Dates within the billing period that the Contractor failed to render required services.

(10). Total amount invoiced (include calculations showing how the total amount invoiced was determined by including any pro-rata reduction amounts if applicable).

D. If this Agreement requires the Contractor to provide time sheets, status reports, payroll information, or other documentation of work done, the Contractor shall not submit an invoice and the State shall not be liable for payment while the Contractor has failed to provide the time sheets, status reports, or other documentation of work for the segment of work covered by the invoice.

EXHIBIT B

E. The Contractor’s invoice(s) shall be mailed or delivered to:

Attn: DMV Project Manager 1530 Hilton Head Road, Ste. 101 El Cajon, CA 92019

Note: Delivery of an invoice shall be deemed completed when a copy of the invoice has been mailed to the address shown above by deposit with the United States Postal Service in a sealed envelope addressed as shown above with postage fully prepaid, or when a copy of the invoice has been personally delivered to the address shown above.

2. Travel Reimbursement

A. The DMV shall not reimburse the Contractor for travel costs.

3. Budget Contingency Clause

A. The parties mutually agree that if the Budget Act of the current year or any subsequent year 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 the Contractor or furnish any other consideration under this Agreement, and the Contractor shall not be obligated to perform further services under 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 the Contractor to reflect the reduced amount.

4. Prompt Payment Clause

A. Payment shall be made in accordance with and within the time specified in the California Prompt Payment Act (Government Code Chapter 4.5, commencing with Section 927).

5. Withholding Amounts Owed From Amounts Due

A. In addition to any other remedy available under this Agreement or applicable law, the DMV may dispute an invoice or invoices submitted by the Contractor and withhold amounts owed by the Contractor to the DMV under this Agreement, including but not limited to amounts owed for breach, amounts owed as liquidated damages, and amounts owed due to overpayments from amounts claimed by the Contractor on invoices submitted to the DMV and otherwise owed by the DMV to the Contractor under this Agreement.

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. The General Terms and Conditions (GTC) shall be incorporated into the final agreement by reference on the Standard Agreement form (STD 213). The GTC may be viewed on the internet at:

http://www.dgs.ca.gov. (Please note that this page will not be included in the final contract.)

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Commencement of Work

A. The Contractor shall commence work under this Agreement on the specified start date provided by the DMV Project Manager following the execution of this Agreement by the State. The DMV Project Manager shall provide the Contractor with written notification of the start date prior to the Contractor commencing work under this Agreement.

2. Force Majeure

A. The Contractor shall not be liable for damages caused solely by any act of war, hostilities, civil war, insurrection, or by an unanticipated grave natural disaster or other act of God of an exceptional, inevitable, and irresistible character which could not have been prevented or avoided by the exercise of due care or foresight. When a delay occurs due to any of these unforeseeable causes beyond the control and without the fault or negligence of the Contractor, the time or times of completion of this Agreement may be extended for a period justified by the effect of such delay on the completion of the work.

3. Termination

A. The DMV may terminate this Agreement for any of the following reasons:

(1). The Contractor breaches this Agreement by failing to commence work on the specified or agreed upon start date, and the Contractor’s failure to commence work on the specified or agreed upon start date is not a result of the conditions listed in the “Force Majeure” clause within this Exhibit.

(2). The Contractor breaches this Agreement by failing to perform required work at the time(s) specified or agreed upon, and the Contractor’s failure to perform required work at the time(s) specified or agreed upon is not a result of the conditions listed in the “Force Majeure” clause within this Exhibit.

(3). The Contractor breaches this Agreement by failing to perform required work in the manner required by this Agreement, and the Contractor’s failure to perform required work in the manner required by this Agreement is not a result of the conditions listed in the “Force Majeure” clause within this Exhibit.

(4). The Contractor breaches this Agreement by failing to complete required work within the time period specified or agreed upon, and the Contractor’s failure to complete the required work within the time period specified or agreed upon is not a result of the conditions listed in the “Force Majeure” clause within this Exhibit.

(5). When termination is in the best interest of the DMV.

B. In the event that the DMV terminates this Agreement as a result of the Contractor’s breach of this Agreement, the DMV may proceed with the work in any manner deemed proper by the DMV. All costs and damages to the DMV as a result of the Contractor’s breach of this Agreement may be deducted from any amount owed to the Contractor by the DMV. These costs and damages are in addition to the pro-rata reduction in the amount owed to the Contractor under this Agreement as a result of the Contractor’s failure to perform required work.

The balance, if any, shall be paid to the Contractor upon demand. The DMV may recover costs and damages from the Contractor that include, but are not limited to, the following:

(1). The cost of rebidding the work.

(2). The additional cost of obtaining required work from an alternate source less the amount the DMV would have paid the Contractor to perform the required work.

(3). Damages incurred as a result of going without required work in the event that the required work cannot be obtained from an alternate source due to time constraints.

(4). Damages incurred as a result of delays in completing work.

C. In the event that the DMV terminates this Agreement in the best interest of the DMV, such termination is subject to ten (10) calendar days written notice to the Contractor.

D. Termination of this Agreement shall be effected by delivery of a notice of termination to the Contractor specifying whether termination is for breach of this Agreement by the Contractor or for the best interest of the DMV. The notice of termination shall specify the extent to which performance of work under this Agreement is terminated and the date upon which such termination becomes effective. Unless otherwise directed by the DMV Project Manager, the Contractor shall perform the following as directed by the DMV Project Manager after receipt of the notice of termination:

(1). Stop work under this Agreement on the date and to the extent specified in the notice of termination.

OR

(2). Complete the work in process as directed by the DMV Project Manager.

4. Liquidated Damages

A. The parties agree that it will be impractical and extremely difficult to ascertain and determine the actual damages sustained by the DMV in the event that the DMV is required to re-bid the work, go without the required work, or experience delays in receiving completed work. Therefore:

(1). In the event that the DMV terminates this Agreement due to Contractor breach, the DMV shall be entitled to $500.00 as liquidated damages to cover the administrative costs for rebidding the work.

(2). In the event that the Contractor fails to perform work on any required working day, and the DMV goes without the required work because the DMV is unable to obtain the work from an alternate source due to time constraints, the DMV shall be entitled to $50.00 per day as liquidated damages.

B. In addition to any other remedy available under this Agreement or applicable law, the DMV may recover amounts owed to the DMV by the Contractor as liquidated damages from amounts otherwise owing by DMV to the Contractor by disputing one or more Contractor’s invoices and withholding payment. In the event that the Contractor incurs any outstanding liquidated damages assessments with the DMV under this Agreement or any other agreement between the DMV and the Contractor, the Contractor may not be awarded any future DMV contracts until the outstanding assessments have been paid to the DMV.

5. Incorporation by Reference

A. The DMV solicitation and all required documents and quotations submitted by the Contractor, pursuant to and prior to execution of this Agreement, are incorporated by reference and made a part of this Agreement. In the event of a conflict between the Agreement language and the language of any document(s) so incorporated, the Agreement language shall prevail.

6. Contractor Name Change and Assignment

A. Name Change

(1). An amendment to this Agreement is required to change the Contractor’s name as specified in this Agreement. Upon receipt of legal documentation of a name change, the DMV shall process a formal written amendment to this Agreement to change the Contractor’s name. Invoices for work/services performed prior to execution of a written amendment to this Agreement for a name change must be submitted under the Contractor’s name as currently specified in this Agreement in order to be paid.

B. Assignment

(1). This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the DMV in the form of an approved written amendment to this Agreement. Upon receipt of official documentation justifying an assignment (e.g.

certified filing from the California Secretary of State, sales agreement signed by both parties, Notice of Assignment signed by both parties), the DMV may process a formal written amendment to assign this Agreement. The Contractor must continue to provide all work/services required under this Agreement prior to execution of a written amendment to this Agreement for an assignment. Invoices for services performed prior to execution of a written amendment to this Agreement for an assignment must be submitted under the assigning Contractor’s name as currently specified in this Agreement in order to be paid.

7. Availability of Funds

A. This Agreement is subject to any restrictions, limitations, or conditions enacted by the Legislature which may affect the provisions, terms, or funding of this Agreement in any manner.

8. State Holidays & Furlough Days

A. The DMV observes the state holidays identified at website: http://www.calhr.ca.gov. Offices will be closed if any holiday falls on or is observed on a weekday, unless otherwise stated.

B. In the event that furlough days are implemented, changed, or cancelled at any time throughout the term of this Agreement, the DMV shall notify the Contractor in writing.

9. Right to Bar

A. The DMV reserves the right to bar any Contractor‘s employee from a DMV work site.

10. Multiple Contractors

A. The DMV may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with other contractors and State employees.

11. Subcontractors

A. The Contractor shall not substitute any subcontractor identified in the Contractor’s bid or add any subcontractor not identified in the Contractor’s bid without prior written approval from the DMV Project Manager. The Contractor shall submit the names of all subcontractors to be utilized during the term of this Agreement to the DMV Project Manager.

B. All subcontractors engaged in work under this Agreement shall be considered as employees of the Contractor. The Contractor shall give personal attention to fulfillment of this Agreement and shall keep the work under the Contractor’s control. When any subcontractor fails to complete a portion of the work in a manner satisfactory to the DMV, the Contractor shall correct the defective work or materials at no additional cost to the DMV.

C. All subcontractors shall possess the appropriate license for the work they perform under this Agreement.

D. All subcontractors utilized to perform services under this Agreement shall be covered by the Contractor’s insurance or possess insurance equal to the policies, coverages, and limits required of the Contractor under this Agreement.

E. The DMV shall not entertain requests to arbitrate disputes among subcontractors or between the Contractor and subcontractors concerning responsibility of performing any part of the work under this Agreement. The Contractor is responsible for all work performed under this Agreement.

12. Rejection

A. Should any portion of the work done or any materials, articles, or equipment delivered fail to comply with the requirements of this Agreement, such work, materials, articles, or equipment shall be rejected, and shall immediately be made satisfactory to the DMV Project Manager by the Contractor at no additional cost to the DMV. In the event the Contractor fails to take necessary steps to ensure future conformity with the requirements of this Agreement, the DMV shall have the right to:

(1). Procure services required by this Agreement and charge the Contractor for the procured services.

AND/OR

(2). Terminate this Agreement.

13. Jurisdiction and Venue

A. Any civil action that arises out of or relates to this Agreement shall be brought in a court of competent jurisdiction of the State of California.

14. Dispute

A. Any dispute of fact arising under the terms of this Agreement, which is not resolved within a reasonable period of time as defined by the DMV Project Manager, shall be brought to the attention of the Chief Executive Officer (or designative representative) of each organization for joint resolution. If an agreement cannot be reached through the application of high-level management attention, either party may assert its rights and remedies under this Agreement. Notwithstanding this paragraph, the DMV may dispute invoices for purposes of the California Prompt Payment Act (Government Code Chapter 4.5, commencing with Section 927).

15. Standards of Conduct

A. The Contractor shall maintain a satisfactory standard of employee competency, appearance, conduct, and integrity, and shall be responsible for taking such disciplinary action with respect to their employees as may be necessary.

16. Laws, Rules, and Regulations

A. The Contractor shall be solely responsible for adhering to any and all local, city, county, state, and federal laws, rules, and regulations pertaining to the services required under this Agreement while performing services under this Agreement.

17. Audit

A. The Contractor agrees that the DMV, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement, including payroll records. The Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. The Contractor agrees to allow auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Government Code Section 8546.7, Public Contract Code Section 10115 et seq., California Code of Regulations Title 2, Section 1896).

EXHIBIT E

ADDITIONAL PROVISIONS

1. Insurance Requirements:

A. General Provisions Applying To All Insurance Policies

(1). Coverage Term

a. Coverage needs to be in force for the entire term of this Agreement. If insurance expires during the term of this Agreement, a new certificate of Insurance…